AG Campos Sánchez-Bordona: UK may unilaterally rescind EU withdrawal notification

Advocate General Campos Sánchez-Bordona has published his Opinion on the request of the Inner House of the Court of Session for an Advisory Opinion from the CJEU as to whether or not a Member State that has notified the European Council of its intention to withdraw from the EU in accordance with Article 50 TEU may unilaterally revoke that notification and, if so, subject to what conditions: see Wightman, Reclaiming Motion by Andy Wightman MSP and Others Against Secretary of State for Exiting The European Union [2018] ScotCS CSIH 62. The UK Government contends that the question referred for a preliminary ruling is inadmissible: it is hypothetical and merely theoretical because there is no indication that the UK Government or Parliament is going to revoke the notification of the intention to withdraw; however, he rejects that argument.

Continue reading