Scotland in Europe Update: 7th December 2018

It has been a big week and events are moving fast. The biggest news is that Advocate General Campos Sánchez-Bordona has proposed that the Court of Justice should:

“…in its future judgment declare that Article 50 TEU allows the unilateral revocation of the notification of the intention to withdraw from the EU, until such time as the withdrawal agreement is formally concluded, provided that the revocation has been decided upon in accordance with the Member State's constitutional requirement, is formally notified to the European Council and does not involve an abusive practice."

In simple terms, if the UK wants to, we can stop Brexit and everything would return to how it was before we triggered Article 50. You can read an explanation of the opinion here: curia.europa.eu/... and the full ruling here: curia.europa.eu/...

This is a huge win for Scotland, the UK, me and my co-plaintiffs, and it is a huge step forward from the highest court in the business. Admittedly this is not the end since the Court follows a two-stage process to present its findings. Firstly, we get the opinion of the Advocate General, and secondly, the final decision of the Court. 80% of the time the Court will agree with the Advocate General so this opinion matters.

When will we get the final ruling? Well with unbelievable speed. Recognising its importance, the Court is going to deliver their verdict next Monday, before MPs have their vote on May’s deal!

We now have a roadmap out of the Brexit shambles. A bright light has switched on above an 'EXIT' sign. The false choice being offered to MPs at Westminster – that it is Mrs May's disastrous deal or chaos – is shown for what it is: an abuse of Parliament. There are other options, and we can stop the clock.

PS It is worth asking just how much public money the UK Government has blown trying to stop us knowing that we can change our mind. Jo Maugham and the Good Law Project have been a rock for us in the Article 50 case, and several times it almost didn’t happen. If you can, please back them.
crowdjustice.com/case/we-cant-rest-on-our-laurels/

 


 

The ‘Scottish Case’, as the Article 50 revocation case is now being described, has made waves across Europe.
lemonde.fr/...

Following the Advocate General’s opinion JP Morgan has said that the probability of the UK staying in the EU has doubled to 40%.
irishtimes.com/...

There has been a lot going on in the House of Commons this week. A lot of it is noise but there have also been a few important developments. This piece by Ian Dunt covers the various amendments that were debated.
politics.co.uk/...

One of the votes that the UK Government lost forced it to publish the full legal advice that they have received about the Northern Ireland Backstop.
theguardian.com/...

You can read the actual advice linked below. To be honest it says very little we didn’t already know, confirming that there will be a special differentiated status for Northern Ireland. You would have to ask David Mundell and Ruth Davidson why they haven’t resigned after their previous promises.
publishing.service.gov.uk/...

The Scottish Parliament voted by 92 to 29 to reject the UK Government's draft Brexit deal. It was rejected by every party except the Tories.
bbc.co.uk/news/...

The Scottish Council for Voluntary Organisations (SCVO) has produced a full explanation of why the UK-EU withdrawal deal is a bad deal for Scotland’s Charities.
scvo.org.uk/...

The new Brexit secretary confirmed that there is "not an absolute guarantee" the UK will be able to take advantage of existing trade deals struck by the European Union.
politico.eu/...

More than 300 EU workers have left Aberdeen Council since the EU Referendum.
pressandjournal.co.uk/...

The SNP have put together a handy guide to why Theresa May’s deal is bad for Scotland.
snp.org/...

The EU Commission have put together a good explainer on the rights of EU Citizens in the withdrawal agreement.
europa.eu/...

A professor from Oxford University has concluded that Vote Leave won because of their illegal overspending.
independent.co.uk/...

Michel Barnier delivered this speech on Brexit to the Committee of the Regions.
europa.eu/...

The UK In A Changing Europe think tank issued a report on what trading on WTO terms means.
ukandeu.ac.uk/...

The Economist has come out in favour of a referendum on the deal.
economist.com/...

A number of Senior Norwegian politicians have rejected the Norway-plus scheme being floated by back bench Tories.
theguardian.com/...

Unsurprisingly, another minister has resigned from the UK Government.
bbc.co.uk/news/...

Finally, if you fancy carol singing why not meet up with Glasgow Loves EU Group in Royal Exchange Square by the Wellington Monument on Saturday at 3:45pm. There will be Christmas carols with a European twist, classics like Stille Nacht! Heilige Nacht.
facebook.com/...