Police attempt to keep rival Brexit protest groups from clashing in central London, Sunday Dec. 9, 2018. (Victoria Jones/PA via AP)

Top EU court rules UK can change mind over Brexit

Britain voted in 2016 to leave the 28-nation bloc, triggering a two-year exit process

The European Union’s top court ruled Monday that Britain can change its mind over Brexit, boosting the hopes of people who want to stay in the EU that the process can be reversed.

The European Court of Justice ruled that when an EU member country has notified its intent to leave, “that member state is free to revoke unilaterally that notification.”

Britain voted in 2016 to leave the 28-nation bloc, and invoked Article 50 of the EU’s Lisbon Treaty in March 2017, triggering a two-year exit process.

Article 50 contains few details, in part because the idea of any country leaving was considered unlikely.

A group of Scottish legislators had asked the ECJ to rule on whether the U.K. can pull out of the withdrawal procedure on its own.

READ MORE: EU set to endorse Brexit deal but hard work lies ahead

The Luxembourg-based ECJ said that given the absence of any exit provision in Article 50, countries are able to change their mind in line with their own constitutional arrangements and that such a move “reflects a sovereign decision.”

The British government is free to do so as long as no withdrawal agreement has entered force.

A member state can also choose to change its mind in the case where no agreement has been reached, as long as the two-year time limit, including any transition period, has not expired.

Scotland’s constitutional Relations Secretary Michael Russell described the ruling as “hugely important.”

“People in Scotland overwhelmingly voted to remain in the EU,” he said. “This judgment exposes as false the idea that the only choice is between a bad deal negotiated by the U.K. government or the disaster of no deal.”

British Prime Minister Theresa May has repeatedly said the government will not seek to delay or reverse Brexit.

But the court’s opinion is another headache for the Conservative prime minister as she battles to win Parliament’s backing through a crucial vote scheduled for Tuesday for the divorce deal she has agreed with the EU.

British Environment Secretary Michael Gove, who helped drive the Brexit campaign, said the court ruling would have no real impact.

“We don’t want to stay in the EU … so this case is very well but it doesn’t alter the referendum vote or the clear intention of the government that we leave on March 29,” Gove told the BBC.

May, meanwhile, was scrambling to change lawmakers’ minds and stave off defeat.

The government insisted Monday that Tuesday’s vote will be held as scheduled, amid pressure to delay it to avoid a defeat that could sink May’s deal, her premiership, or both.

May’s government does not have a majority in the House of Commons, and opposition parties — as well as dozens of Conservative lawmakers — say they will not back the divorce deal that May and EU leaders agreed last month.

Pro-Brexit lawmakers say the deal keeps Britain bound too closely to the EU, while pro-EU politicians say it erects barriers between the U.K. and its biggest trading partner and leaves many details of the future relationship undecided.

The main sticking point is a “backstop” provision that aims to guarantee an open border between EU member Ireland and the U.K.’s Northern Ireland post-Brexit. The measure would keep Britain under EU customs rules, and is supposed to last until superseded by permanent new trade arrangements. Critics say it could leave Britain tied to the EU indefinitely, unable to strike new trade deals around the world.

May and the EU both insist the withdrawal agreement can’t be changed. But May spoke over the weekend to European Council President Donald Tusk, who will chair an EU summit in Brussels on Thursday, and Irish Prime Minister Leo Varadkar, amid signs she is seeking to tweak the deal to win over skeptical lawmakers.

“Of course we can improve this deal, and the prime minister is seeking to improve this deal,” Gove said.

But, he warned, “by reopening it, there is a risk that we may not necessarily get everything that we wish for.”

The Associated Press

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

134 new cases of COVID-19 on Friday

First day over 100 cases since July 31

RCMP Major Crimes Unit lay Manslaughter charge against youth

The RCMP Major Crimes Unit have laid a manslaughter charge against a 13-year-old boy from Maskwacis.

1 in 7 Albertans have been tested for COVID-19

56 additional cases Thursday, 1,107 active cases remain in the province

Seven vying to lead ECN

Challengers to incumbent include NGCI president

Two females arrested for carjacking in Leduc; sword and bear spray used as weapon

Wetaskiwin and Maskwacis female arrested for carjacking.

Protestors for Indigenous Lives Matter gather in Wetaskiwin

Protestors gathered along 56 St Wetaskiwin, Alta. August 4, 2020 for Indigenous Lives Matter.

Collapse of Nunavut ice shelf ‘like losing a good friend:’ glaciologist

The ice shelf on the northwestern edge of Ellesmere Island has shrunk 43 per cent

13-year-old charged in death of boy, 10 in Maskwacis

The RCMP Major Crimes Unit have laid a manslaughter charge against a 13-year-old boy from Maskwacis.

‘Caught up in the frenzy:’ Oilers 50/50 draw breaking ticket sale records

Previous record was held by Toronto Raptors fans when a 50/50 raffle reached $2 million

Alberta jury trials to resume next month at offsite locations due to COVID-19

About 12 locations across Alberta may host the trials in halls, hotels and community centres

Alberta school curriculum to focus on basics, keep out political bias: minister

NDP education critic says the kindergarten to Grade 4 changes should have been implemented a year ago

Statistics Canada says country gained 419,000 jobs in July

National unemployment rate was 10.9 per cent in July, down from the 12.3 per cent recorded in June

Canada plans $3.6 billion in retaliatory tariffs on U.S. in aluminium dispute

The new Canada-United States-Mexico Agreement that replaced NAFTA went into force on July 1

Walmart to make face masks mandatory for customers across Canada

Requirement goes into effect on Wednesday, Aug. 12 across Canada

Most Read