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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 was triggered on 29 March 2017 and provides that the UK will cease to be a member state of the EU on 29 March 2019 unless any extension is agreed by the EU27. We know that the UK can withdraw its notification with the permission of the other 27. But the question as to whether it can revoke its Article 50 letter unilaterally is a legal question that has not yet been answered.
Legal agents yesterday wrote to the UK Government asking what its position is on the unilateral revocability of Article 50 of the Treaty on European Union. The UK Government is being invited to respond by 1600hrs on 12 December 2017.
A copy of the letters to the Right Honourable David Davis MP, Secretary of State for Exiting the European Union and Lord Keen of Elie QC, Advocate General for Scotland is available at the link below.
The letter forms the first stage in a proposed judicial review of the UK Government’s position to be submitted to the Court of Session in Edinburgh with a view to referring the question to the Court of Justice of the European Union.
This initiative is supported by legal counsel in Edinburgh and by Jo Maugham QC and the Good Law Project. The case is being crowdfunded and the site will go live at 1800hrs today at https://www.crowdjustice.com/case/strengthening/
Download Copy of Letter to David Davis here: https://drive.google.com/file/d/19dhUY61-gQ3Wem1Qhz1WlLLOvGUrjlsX/view