Article 50 revocation: Court of Session makes reference to CJEU

The reference follows the Court of Session’s ruling issued on 21 September in a judicial review raised by a group of Scottish, UK and European politicians.

The judicial review sought clarification on when and how the UK notification to leave the EU could be unilaterally revoked before the two-year Brexit deadline on 29 March 2019, with the effect that the UK would remain in the EU. 

The petitioners argued that the issue should be referred to the CJEU for advice on European law. At first instance, the judge declined to refer the case to the CJEU, ruling that the question was hypothetical and encroached upon parliamentary sovereignty.

Three appeal judges reversed that decision, considering that an answer from the CJEU would clarify the options open to MPs in relation to any forthcoming parliamentary vote concerning the withdrawal from the EU.

In the reference to the CJEU, the Court of Session asks: “Where, in accordance with Article 50 of the Treaty on European Union, a Member State has notified the European Council of its intention to withdraw from the European Union, does EU law permit that notice to be revoked unilaterally by the notifying Member State; and, if so, subject to what conditions and with what effect relative to the Member State remaining within the European Union?”.

It concludes: “In light of the urgency of the issue in terms of the two-year timetable imposed by Article 50 of the Treaty on European Union and the parliamentary consideration and voting that must occur well in advance of 29 March 2019, the President is requested to appoint this request to the expedited procedure.”