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

Thomas Dawson Peacock
Surrey man, 32, charged with sexual interference

Incidents alleged to have happened in Surrey and Abbotsford

A Mercedes SUV is covered at a gas station in the Clayton area following a deadly shooting there on Sept. 28, 2019. (File photo)
The number of new COVID-19 cases has risen sharply in Vancouver and the Fraser North region over the last week.
Chart: Tyler Olsen
CHARTS: Weekly COVID-19 case double in Fraser North health area, up 50% in Vancouver

The number of new COVID-19 cases has risen sharply in Vancouver and the Fraser North region.

A reminder to students at Surrey’s Strawberry Hill Elementary to physically distance during the COVID-19 pandemic. (Photo: Lauren Collins)
Three more Surrey schools reporting COVID-19 exposures

INTERACTIVE TABLE: Search for schools, organize by exposure dates

Elections BC has received a little more than 42,000 vote-by-mail packages from Surrey voters. . (Black Press Media File)
Elections BC has received about 56,000 mail-in ballots from Surrey voters

Election results won’t be finalized until after Nov. 6

Physical distancing signs are a common sight in B.C. stores and businesses. THE CANADIAN PRESS
272 more COVID-19 cases for B.C., outbreak at oil sands project

Three new health care outbreaks, three declared over

This house at 414 Royal Ave. became notorious for its residents’ and visitors’ penchant for attracting police. It was also the site of a gruesome torture in August 2018. It was demolished in 2019. KTW
6-year sentence for Kamloops man who helped carve ‘rat’ into flesh of fellow gang member

Ricky Dennis was one of three men involved in the August 2018 attack

Among the pumpkin carvings created this year by Rick Chong of Abbotsford is this tribute to fallen officer Cont. Allan Young.
Abbotsford pumpkin carver’s creations include fallen police officer

Rick Chong carves and displays 30 pumpkins every year

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

An online fundraising campaign in support of the six-year-old boy, Edgar Colby, who was hit by a car on Range Road Oct. 25 has raised more than $62,000 in a day. (Submitted)
$62K raised in 1 day for boy in coma at BC Children’s after being hit by vehicle in Yukon

The boy’s aunt says the family is “very grateful” for the support they’ve received from the community

The Excelsior 4 are set to make their second court appearance in Abbotsford on Monday (Nov. 2). (Ben Lypka/Abbotsford News)
‘Excelsior 4’: Animal activists set to enter not guilty plea in Abbotsford hog farm case

Animal rights activists expected to plead not guilty to charges, protest for Vancouver scheduled

Dennis Cholowski shows off a Jordan 2 Retro Just Don Blue sneaker, the type of shoe only a true sneakerhead would appreciate. (Facebook photo)
VIDEO: Chilliwack Chiefs alum Dennis Cholowski shows off ‘sneakerhead’ collection

The Detroit Red Wing has been spending his NHL paycheques building up an impressive closet of shoes

Health care employees take extensive precautions when working with people infected or suspected of having COVID-19. THE CANADIAN PRESS/Chris Young
WorkSafeBC disallows majority of COVID-19 job injury claims

Health care, social services employees filing the most claims

Vancouver Symphony Orchestra Maestro Otto Tausk. (Photo: vancouversymphony.ca)
50/50 lotto players buck up for Metro Vancouver musicians hit hard by COVID

‘Rapidly growing jackpot’ for VSO’s 50/50 draw as they go online with TheConcertHall.ca

Most Read