The Supreme Court rejects the government’s attempt to stop our Article 50 case
The Supreme Court has rejected the government’s last ditch attempt to block our Article 50 hearing before the Court of Justice of the European Union in Luxembourg next Tuesday.
It means that we will finally get clarity over whether the UK can revoke Article 50, and a decision from the CJEU would allow MPs to fully understand what choices are available as they vote on the deal.
Today’s rejection is a humiliating defeat for the government. How much did it spend hiring five QCs to make a hopeless application to the Supreme Court to try and stop Parliament from understanding what options it has?
The Supreme Court’s order can be accessed here.
We expect to get at least the advisory Opinion of the Advocate General before Christmas. Our director Jolyon Maugham QC wrote about the possible outcomes of the decision:
- The CJEU might decide we are stuck with the decision that Parliament made in March 2017 to leave the EU, and that Article 50 is not reversible
- It could decide that Parliament can reverse its decision to leave up until the date of our departure if the European Council agrees
- Or it might decide that we can revoke Article 50 without needing permission of the other member states
We’ve published our written arguments on why Parliament should be free to cancel the Article 50 notice if it decides that is in the national interest.