Court opens door to new EU vote
● ECJ rules that the UK can revoke Article 50 unilaterally ● Scottish politicians behind case demand second referendum
Campaigners for a second EU referendum have said their goal is “closer than ever before” after the European Court of Justice (ECJ) ruled the UK can unilaterally stop Brexit by revoking its Article 50 notification.
Judges in Luxembourg decided that the UK can stay in the EU “under terms that are unchanged” if it decides to change its mind on Brexit “through a democratic process”.
It came at the start of a dramatic day that saw the government abandon a vote on its Brexit deal to avoid a likely humiliating defeat.
Scottish politicians who brought the case said “a bright light has switched on above an ‘EXIT’ sign”, giving the UK a chance to reverse course on Brexit.
Issuing its judgement, the EU’S top court said that “when a member state has notified the European Council of its intention to withdraw from the European Union, as the UK has done, that member state is free to revoke unilaterally that notification.”
Downing Street insisted it will not revoke Article 50 under any circumstances. Responding to the judgement, Environment Secretary Michael Gove said: “We voted very clearly. 17.4 million 0 Andy Wightman: ‘Stopping Brexit altogether is an option’
people sent a clear message that they wanted to leave the European Union. And that also means leaving the jurisdiction of the European Court of Justice.”
Judges at the ECJ went further than a legal opinion issued by a top law officer at the court last week, in confirming the UK can retain its existing membership terms if it revokes Article 50 before the
MICHAEL RUSSELL official Brexit day of 29 March, 2019.
The case was brought forward in February at the Court of Session in Edinburgh by a cross party group made up of Labour MEPS Ms Stihler and David Martin, the SNP’S Joanna Cherry MP and Alyn Smith MEP, Green MSPS Andy Wightman and Ross Greer, and lawyer Jolyon Maugham QC, director of the Good Law Project.
Mr Wightman, the lead petitioner, said judges in Luxembourg had been “clear and unambiguous” in issuing their “momentous ruling”.
“It is now clear that the UK can, if it chooses, change its mind and revert to our current EU membership arrangements,” he said.
“MPS now know that stopping Brexit altogether is an option open to them before the end of the Article 50 period.
“Parliament can now back a People’s Vote in the knowledge that a remain outcome could be acted on unilaterally, should that be what people decide.
“The judgement vindicates the cross-party effort to establish the legal position and shames the UK Government, which has spent a small fortune trying to keep Parliament in the dark.”
The Scottish Government’s Constitutional Relations Secretary Michael Russell also hailed what he said was a “hugely important decision”.
And First Minister Nicola Sturgeon said that extending Article 50 to allow for another vote and then revoking it if the outcome was Remain now seemed an option open to the Commons.
“People in Scotland overwhelmingly voted to remain in the EU and that continues to be the best option for Scotland and the UK as a whole,” Mr Russell said.
“This judgment exposes as false the idea that the only choice is between bad deal negotiated by the UK Government or the disaster of no deal.
“We now know, thanks to the efforts of Scotland’s parliamentarians, that remaining in the EU is still on the table.”
SNP MP Joanna Cherry said shewas“delightedthatwenow know definitively that there is an option to stay in the EU”.
Ms Cherry said: “The UK government has ignored Scotland’s vote to remain and all compromises suggested by the Scottish Government.
0 Bianca Jagger speaks at a Scottish Parliament event to mark the 70th anniversary of the United
“This judgment exposes as false the idea that the only choice is between bad deal negotiated by the UK Government or the disaster of no deal”
Bianca Jagger warns of Brexit threat to human rights
“They also fought us every inch of the way in this case, so it’s a particularly sweet irony that Scottish parliamentarians and the Scottish courts have provided this lifeline to the UK parliament at this moment of crisis.”
SNP MP Alyn Smith described the ruling as “dynamite.”
“A bright light has switched on above an ‘EXIT’ sign.”
Liberal Democrat MP Tom Brake said the ruling meant the UK was “now closer than ever before” to a new referendum on EU membership.
“For the sake of people’s livelihoods, the Prime Minister must end the uncertainty and
rule out a no-deal,” Mr Brake said.
“It is clear any Brexit will make people poorer and reduce the UK’S standing in the world. MPS should not only vote down Theresa May’s deal, but back a People’s Vote with the option to remain in the EU.”
Labour MEP Catherine Stihler said the ruling “paves the way for the disastrous Brexit processtobebroughttoahalt”.
Ms Stihler said: “When MPS vote on Theresa May’s Brexit deal, they now know they can ultimately choose to stop Brexit and keep the best deal we currently have as a full member of the EU.”
Laura Paterson