Withdraw our notification

On 29 March 2017, the UK sent a letter to Brussels notifying it of our intention to leave the EU under Article 50 of the Treaty of the European Union. Immediately, the clock started ticking down to 29 March 2019 (unless any extension was agreed by the EU27).

The general assumption was that the UK could withdraw this notification with the permission of the other 27 member states. But the question as to whether it could revoke its Article 50 letter unilaterally – without anyone’s permission - was a legal question that had never before been asked, let alone answered.

Working with Andy Wightman MSP, Joanna Cherry QC MP, Ross Greer MSP, David Martin MEP, and Alyn Smith MEP, Good Law Project took historic action through the courts to establish the answer to this question, starting with a letter to the then minister for Brexit, David Davis.

After referral to the Court of Justice of the European Union, the matter was adjudicated once and for all, and unilateral revocation was judged possible.

This result, and the newly won ability for a UK Government to revoke Article 50, sent shockwaves through UK politics and radically expanded the options available to Government and Parliament. The UK's largest ever petition, signed by over 6 million people, called on the government to exercise the option and revoke.

The UK would eventually leave the EU on 29th January 2020, after three extensions under Article 50 and the 2019 General Election.

Latest: Brexit and the ‘Constitutional Requirements’ of Article 50

What follows below is a short paper written by Mark Freedland QC (Hon.). In it he makes the argument that (1) the requirement in Article 50 of observance of the Member State’s ‘own constitutional requirements’ applies...

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Previous Updates

Brexit and the ‘Constitutional Requirements’ of Article 50

What follows below is a short paper written by Mark Freedland QC (Hon.).
In it he makes the argument that (1) the requirement in Article 50 of observance of the Member State’s ‘own constitutional requirements’ applies…

Read more →

Monday’s Article 50 case will change the stakes in the Brexit battle

This article originally appeared on politics.co.uk on 7th December 2018.
At 8am on Monday morning the European Court of Justice will give its judgment in a case I brought, along with six Scottish parliamentarians. The issue is…

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Resources for the Article 50 hearing

What follows are links to the key documents in the public domain for the hearing before the Court of Justice of the European Union on 27 November 2018.
 
The Government’s unsuccessful application for permission to appeal…

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Withdraw our notification

What follows is a joint statement of 29 November 2017 in the names of Ross Greer MSP, David Martin MEP, Alyn Smith MEP, Andy Wightman MSP
ARTICLE 50
Article 50 was triggered on 29 March 2017 and…

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