SNP Member of the European Parliament Mr Alyn Smith, one of the co-litigants in the "Scottish Case" brought by Scottish Parliamentarians from the Scottish, Westminster and European Parliaments on the terms of revocation of Article 50 has issued comment on the Opinion of the Advocate General issued today.
Advocate General Manuel Campos Sánchez-Bordona proposes "that the Court 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."
"This is a huge win for us, and a huge step forward from the highest court in the business, and confirms what we have been hoping for: that the UK can indeed change its mind on brexit and revoke Article 50, unilaterally.
"The Advocate General Opinion is not the final judgment, but the practice of the ECJ is that the judges tend to follow the Opinion so this is a major landmark.
"We now have a roadmap out of the brexit shambles, a bright light has switched on above an 'EXIT' sign and 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."
Note to editors
The case has been brought by Andy Wightman MSP, Ross Greer MSP, Catherine Stihler MEP, David Martin MEP, Joanna Cherry MP for the Scottish Greens, Labour and National Parties. The case has been crowdfunded through Jo Maughan at the Good Law Project.