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ECJ says UK can reverse Brexit

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Ahead of crucial Commons vote on PM’s deal tomorrow

The UK can revoke Article 50 and stop Brexit without the consent of the other member states, the Court of Justice of the European Union (CJEU) has ruled this morning.

In a decision that will likely increase calls for a second referendum, the top EU court’s judgment echoes legal advice given to it last week by its advocate general, Manuel Campos Sanchez-Bordona, who said that the UK’s withdrawal “may be revoked at any time” during the negotiating period, provided it is done in good faith.

Going a step further than the advocate general, the 27 top EU judges (yes, a whopping 27!) said that the UK could even revoke Article 50 during any subsequent extension period. Moreover, if Article 50 is revoked, the UK could remain part of the EU on the current terms of membership.

📷 Twitter – @EUCourtPress – CJEU’s 27 judges

The petitioners in the case — six Scottish MPs, MEPs and MSPs, along with Devereux Chambers‘ Jolyon Maugham QC, argued that the case would clarify the realistic options for MPs who will vote on Theresa May’s ‘Chequers deal’ tomorrow.

In a statement this morning, Maugham QC described the action as “arguably the most important case in modern domestic legal history” and called on MPs to find “the moral courage to put the country’s interests before private ambition.” The tax specialist, who has fronted a number of Brexit-related legal challenges, also took to Twitter to reveal the personal toll the case has taken on him:

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70 Comments

Anonymous

Remember some very confident BTL views that this would go the other way. Even Jacob Rees-Mogg thinks this outcome was obvious…

(5)(3)

Anonymous

Using that picture is transphobic.

Because in the film Austin says “that’s not your mother, that’s a man, man.”

A mother can be a man because gender is self defined.

Transmen are men.

Transwomen are women.

#nodebate

(5)(5)

Anonymous

Nothing is beyond debate, especially when it comes to biological fiction.

(0)(0)

Anonymous

Some people often “feel” that they were born into the wrong time, generation or social class (see Lord Harley et al), and there is nothing to stop them living out their fantasies (eg decorating their 1970s terraced house/ flat living room with wood panelling, faux open fire and prints of oil paintings) but making the rest of us recognise their “felt” it “self-defined” status in law would be crazy, wouldn’t it?

(0)(0)

Anonymous

*or

(0)(0)

Just Anonymous

Not difficult to see how this will play out.

Parliament: oh thank God. A way out in-between ‘No deal’ and May’s unpalatable deal. We’ll take it.

EU: oh super. Marvellous. Wonderful. Obviously you can do that, and we won’t ask any questions at all. We’re delighted that you’ve freely chosen to do precisely what we want you to do.

General public: This really isn’t on. We voted for Brexit. Democracy must prevail. *votes in pro-Brexit Parliament who immediately re-trigger Article 50*

EU: Steady on. Remember that vague nebulous term that we mentioned before – good faith? Well now we’re going to invoke it. Changing your mind like this plainly violates good faith. All parties need to know where they stand. Besides, you already made a sovereign decision to remain, and that decision must be respected. So…your Article 50 notification is invalid. You can’t leave. Try again in, say, 20 years time.

(23)(15)

Anonymous

Just Anonymous’ prognositcation can’t be relied upon:

“Just Anonymous
Nov 28 2018 1:55pm

It obviously can’t be unilaterally revoked.”

(11)(9)

Just Anonymous

Indeed. I was wrong.

But only because the ECJ produced a judgment about as nonsensical as the infamous UN Committee decision that Julian Assange was being arbitrarily detained.

An outcome which, I’ll happily concede, I failed to foresee.

(9)(15)

Anonymous

Yeah whatever mate. Just accept that you’re a fool and apologise.

(6)(7)

Anonymous

Did you even read the judgment? You honestly haven’t a clue.

We can withdraw the A50 notification with very limited requirements to be satisfied, i.e. in writing and addressed to the Council. No requirement for actual “good faith” to be proven, much to the dismay of the EU27, and we would get to keep the same terms (including the rebate etc.) if we do stay.

It’s a no brainer – the vote will be called off today during this cabinet conference call, we will have a GE and a 2nd referendum and everything should go back to how it was.

(5)(9)

Just Anonymous

Yes I’ve read it. Are you even capable of reading?

(2)(4)

Just Anonymous

At the risk of sparking an “I am Spartacus” reaction, this was not me.

(3)(1)

Just Anonymous

This neither.

(0)(0)

Just Anonymous

I have indeed. It essentially repeats the opinion of the Advocate General. I considered that opinion manifestly deficient, for reasons I set out in a previous article. I consider this judgment deficient for the same reasons.

(4)(8)

Anonymous

haha awkward mate not happening

back to first year public law you go

(5)(2)

Anonymous

Laura Kuenssberg – 15 minutes ago

“Two cabinet sources tell me vote being pulled – not, repeat not, yet officially confirmed”

Eat a dick.

(5)(3)

Anonymous

Oh wow must be true then because some journalist said it.

Dumb fuck.

(2)(4)

Anonymous

Poor attempt at trolling, really poor.

And would you look at that, the vote’s been pulled.

Who would have thought!?

(5)(5)

Anonymous

No official announcement yet dumbass.

(0)(5)

Anonymous

Not what the judgment says, JA. The judgment says that the *revocation* must be unequivocal and unconditional (the term “good faith” doesn’t appear anywhere in the judgment). So a Member State can be locked out of revoking its resignation but not locked in to stop it from resigning.

(2)(0)

LGBT Lesley

By reversing Brexit we will safeguard LGBT rights rather than tearing then up.

(1)(16)

Anonymous

This is great news. A second referendum and staying in the EU would make us richer and happier. It will also prevent wars, safeguard employment rights, free movement of goods and people, protect the LGBT community, make it easier to study and travel abroad – that is just to name a few. Gradually we are getting our great country back. I thought for a moment we were going to be a sh*tty outcast island.

(22)(19)

Moderate Remainer

No it won’t. Perhaps it would make you richer and happier but in a democracy different people have differing conceptions of the good life. The blunt truth is that many people in the West, especially those in low-middle income jobs outside of the capital, have been shafted by globalization and the way that the UK has been run for the past twenty years hasn’t been fair for those people. Yes, staying in the EU would ultimately make us richer, but not everything is about economics.

Also- can we stop with the hyperbola. The EU, for all its virtues, does not prevent wars or bestow super rights onto LGBT people. We will be be poorer for leaving but the damage under May’s deal is minimal and we will survive.

(22)(9)

Anonymous

You don’t sound like a moderate remainer. You sound like a pr*ck from Bristol who is looking for somebody else to blame for your own sh*t, assuming that is what you mean by the “West”.

What is it about, if not economics? Let me get this right – you think that you have been shafted, but it is not about economics because you admit you will get shafted further? You daft c*nt.

(4)(13)

Anonymous

Once again, we can observe the EU shill verbally abuse someone who made a wholly respectful and legitimate point.

(6)(1)

Anonymous

The point was a load of b*llocks mate, get a grip.

(1)(8)

Anonymous

Lol nobody thought he meant the West Country. Jesus

(8)(0)

Anonymous

I did. I have consulted a few of my colleagues and they agree. You’re therefore a loser.

(1)(2)

Anonymous

Your colleagues at clown college?

(2)(1)

Anonymous

“Freedom of Movement is brilliant.

Poppy is studying languages in Seville and Fabian is off to Serre Che, then Corfu to teach sailing!

Come on proles, what’s not to like about all this?”

It’s not for you

GIRFUY

(2)(0)

Anonymous

The second referendum will be absolutely brutal.

It will be the most divisive, socially disruptive and horrific experience in public life, ever.

It will probably result in another victory for leave, and a break in our democratic tradition.

Bring

It

On

GIRFUY

(9)(3)

Anonymous

How would it result in victory for leave?

Changing voter demographic alone will provide a huge swing in the favour of remain. All the old codgers that voted for Brexit are dead or possible unable to get to a polling station. By the time we get to a re-vote then 3 years’ worth of young people, the majority of which support the cause of remain, will be eligible to vote.

There is also awareness and people taking it seriously. Leave voters were the ones actively voting for something so went out in mass for the first vote. Wrong as they were for not taking it seriously and failing to vote, that is what a lot of people that would have voted remain did – they stayed at home. It wasn’t taken as seriously that time, but it will this time. As will the campaign supporting remain.

Then you have all the leave voters who were lied to, and either as a result of actually knowing the facts, or the reality, of what Brexit really means will change their mind.

I’d call up to 60/40 in favour of remain.

(13)(9)

Anonymous

We’ve seen last time – in a democratic process, Remainers just can’t win the argument.

Just like last time, all the polls will point to a Remain win, until people come to vote. Then there will be a narrow victory for Leave.

Tell the man in the street 5 things that the EU has done for him. There’s no slogan which can persuade him or her.

(14)(3)

Anonymous

Yea yea, dream on gammon

(3)(11)

Anonymous

Lol ur such a fucking idiot. How is repeating that word an adequate response? God you far-lefties piss me off. I voted remain and labour but I despise you screaming loons so much.

(5)(1)

Anonymous

Off the top of my head.

1. Ability to attend a business meeting or go work for a few days in a fellow Member State with no paperwork and no fuss. Or if you’re retired, the ability to travel abroad without having to worry about cripplingly expensive holiday health insurance.
2. Cleaner beaches. If you’re over 30, remember how disgusting it could be when you went to the seaside in this country.
3. Good Friday Agreement (the core of the agreement and the reason why the compromise works is that it matters less and less which side of the border you’re on).
4. Security of supply for food, power, fuel thanks to the CAP, cross border inter-connectors and zero trade barriers.
5. The ability to retire someplace warm and cheap.

(5)(6)

Anonymous

Pretty much all of this existed before the EU. You are simply too propagandized and ill informed to know that.

(5)(7)

Anonymous

You’re right that a thousand years ago, the beaches were cleaner, there was no Protestant/Catholic divide in the island of Ireland and border controls for enterprising young (mostly viking) businessmen were more or less non-existent.

But we’re talking about the real world and the things which wouldn’t exist today but for the EU. And you know it. Disingenuous denial of inconvenient facts that has gone unchallenged has got us into this mess.

(2)(0)

Anonymous

What I outlined above are things that are different to last time. What you have said remains the same, but it will only resonate will the 40% that I point out.

(1)(1)

Anonymous

Remain will lose again.

Any Remain argument = “Why don’t you bloody plebs just do what you are told?”

Take back control.

(9)(10)

Anonymous

U ok gammon? Take ur meds yea?

(2)(5)

Anonymous

My my, you don’t half talk some bollocks. We’ll see what happens when the likes of Arron Wanks doesn’t get the chance to break electoral law with Russian funds and a scenario where Cambridge Analytica have been Nixed (pun very much intended) shall we ?

https://www.thedailymash.co.uk/politics/politics-headlines/only-people-who-still-want-brexit-are-inexplicably-angry-posh-couple-with-two-labradors-20181210180362

(0)(3)

Remainer

Anonymous who believes that a second referendum would be 60/40 in favour of remain: have you ever heard of a selection bias? I’m sure if you ask all your friends who work in high powered jobs in London/the law with you, you will find that the vast majority want to remain. However, try going to a town in the Midlands or the North, and you will find that most people would still vote the same way.

A second referendum would be terrible for the country. It would take another step towards normalising referendums in a representative democracy. Moreover, a significant proportion of those who voted leave last time did so after losing faith in the political process and as a backlash against the economic, financial and political establishment. If these people were just ignored it would destroy trust in our institutions.

Politics and life is about compromises- the art of the possible rather than impossible. In a country as large as Britain, people will undoubtedly disagree on major issues. May’s deal has attempted to strike a balance between minimising economic damage and ending the free movement of people which has upset a lot of Leave voters.

(14)(3)

Anonymous

I’m from Stoke – I think I know more than you.

What a load of drivel you have come up with.

(3)(12)

I'd Prefer Not To Say

Fingers crossed for a brutal winter and a decent ‘flu this year. Those would be worth a 1% swing by itself, as the number of r@cists in the country is reduced.

(0)(0)

Anonymous

You’re right.

Remainers are gambling on the fact that in the space of a couple of years they will have been able to bring in enough “new citizens” to outvote the native Brits.

However, what they fail to account for is that the native Brits are aware of this, and for every “new citizen” pro-EU vote there will be one more pissed-off Brit ready to radicalize his ass.

(7)(4)

Anonymous

We aren’t all little racist “British” c*nts.

(5)(2)

Charles Ashington’s Prize Piglet

Excellent photomeme, author.

(5)(0)

JDP

Could someone recommend porn sites please? I’m so bored.

(2)(0)

Anonymous

For a start I’d suggest looking up:

– the milf on the other side: full disclosure
– 2 trainees 1 supervising partner
– big BAME booty
– the white book and the 7 secretaries

(6)(0)

Will the real JDP please stand up.

Crass.

(6)(0)

JDP

Apologies, just finished a meeting with a partner at Lovells that overran.

(2)(0)

JDP4rtner

Phew that was quite a meeting. I mean, us JDPs can be a real pain in Lovell’s ass sometimes.

(1)(0)

Anonymous

I’m a remainer but I admit that I’ve never heard a good argument in favour of remain.

To be honest, I just like visiting my villa in France and fucking my East European nanny when my fat wildebeast of an English wife is out bossing other people around instead of me.

My publicly professed pro-EU stance is also deployed around riff-raff who come from the working classes or North of England (to the extent there is a difference) as a way of distinguishing myself and feeling faintly superior.

So here’s to the EU and long may we remain a part of it.

(5)(6)

Anonymous

Top gammon bantz

(3)(2)

Anonymous

If we leave the EU will get their way. It will become illegal to have sex with anybody from Europe.

(1)(0)

Anonymous

No deal

Gonna be biblical

Apocalypyto

(1)(0)

Anonymous

Gonna be like the days of the Great Flood. Start building your arks guys. No kidding. The telly says the shit gonna hit the fan and ain’t gonna be pretty.

(0)(0)

city yuppie commando

gammon hunts, my favorite

(1)(1)

Anonymous

So the working people start asking of the EU: “What’s in it for me?”

What tosh.

Just because you have to drive a white van up and down the motorway every day to make ends meet doesn’t mean that we should listen to you. In fact, we’ve had enough of listening to your sort. It’s through giving your sort some kind of democratic say that we have ended up in this dreadful position.

“What’s in it for me?” How impertinent.

(2)(1)

Anonymous

There’s plenty in it for working people – like various laws that stop the government in Westminster (especially if it’s Conservative) from endlessly shafting them and the environment etc. Also supermarkets not running out of food, holidays in Spain still being affordable.

However since you’re a gammony troll just baiting the hook, and not really sticking up for the plight of the sort of people you certainly never encountered when being cheerfully buggered by the “bigger boy” you had to fag for in whatever minor public school you attended, rather than respond to the above maybe just get fked ? Innit…

(2)(3)

Anonymous

This. F*cking gammons need to f*ck off.

(1)(1)

Anonymous

Er f*ck right off

It’s been a century of democracy in Britain – ever since 1918, it’s been “one person, one vote.”

The contempt for the poor and hard workers from Remain is breathtaking

No wonder you lost

(1)(2)

Anonymous

no gammon works hard, just complains

(1)(0)

Anonymous

You’re full of sh*te. We don’t vote on sh*t like that and it was about as fair as a vote in 1940 Germany.

(2)(1)

Anonymous-ish

They’ve got no hope these remain folk – all wet lettuce and couldn’t fight their way out of a paper bag.

The fact that all they can do is name call shows the level of ‘intellect’ – mummy and daddy got you a good education but you are still thick!

(1)(3)

Anonymous

Ooh you’re hard aren’t you. Played rugger in public school. Really enjoyed wriggling amongst all those sweaty bodies. Loads of tackle in the tackle etc.
Towel flicking in the shower afterwards. Mmm, halcyon days, cashmere jumpers for goalposts ! Isn’t it ? wasn’t it ? Towel flicking in the shower afterwards.

(1)(1)

Mystic May's crystal ball

At the end of the day, we are leaving in 3 months. Too little, too late.

Its now pretty late in the day to organise another people’s vote. Its also pretty late for the reversal of Brexit. things don’t just magically happen in 3 months for this kind of thing.

While the judgment is nice, the realities of it are that it will help the next “-exit” country, not us. Unless, some over person gets a hearing in front of the ECJ to argue that the transition period also counts as part of the time period for Britain to decide it wants to stay, but then that too will be too late to take advantage of it.

At the rate its going we won’t even have a transition period…

(1)(1)

Not Amused

We must cancel Brexit. It has been a calamity and an historic error, one which I am ashamed to have participated in.

(3)(2)

Anonymous

Ugly old Jean-Claude Juncker is supreme leader of the EU.

Please remind us – who was it who voted for him?

Because I don’t remember those elections.

(0)(1)

Comments are closed.

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