Could take back to the UK withdrawal from the EU independently? Yes, says the European court of justice and draws no boundaries.
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How does the exit from the European Union?
in Accordance with article 50 of the EU Treaty, any member state may decide, in accordance with his constitutional right to withdraw from the EU. This intention of the member state to the EU Council to share what the United Kingdom on the 29. March 2017 has done. As of this date period will run for a two year, during which they may be negotiated an exit agreement.
If this deadline has expired – so on 29. March 2019 – enters the UK from the EU; regardless of whether an exit agreement is concluded or not.
in theory the member States could agree on an earlier date for a Brexit. You can extend the deadline, Vice versa also. This requires, however, unanimity.
What is article 50 of the EU Treaty does not regulate?
The rule says nothing about whether or not to exit an EU-Declaration can also take it back. For the case that the Brussels exit was agreement in the Parliament, is currently a second Referendum on remaining in the EU into the game. This can be useful, but only if the UK could take his resignation at all readily. This is why this is an important legal question. Because it concerns the interpretation of article 50 of the EU Treaty, the European court of justice.
What was decided by the European court of justice?
the UK can take back his Brexit-Declaration unilaterally without the consent of the other member States. And as long as an exit agreement has not yet entered into force or the time limit for the negotiation of such a deal is not expired. The only requirements that the ECJ provides: the withdrawal of The notice of resignation must be communicated to the Council of the EU-member States in writing and in accordance with the British constitutional law.
The European court of justice (archive photo) was called by a Scottish court.
For the UK, it would mean, in particular, that the British Parliament would have to agree to a withdrawal of the resignation. The advocate General of ECJ had referred to in his so-called opinion explicitly. The final application is a kind of opinion, in which the questions of law raised before the verdict once tested.
As argued by the European court of justice?
Since the withdrawal of the notice of resignation is not expressly regulated, you must apply the rules for the exit statement itself – i.e. article 50 of the EU Treaty, – stated in the judgment. This means Can be explained by the withdrawal unilaterally, it can also be the withdrawal of sahabet this Declaration unilaterally. Both of which was a sovereign decision of each member state.
The most important Argument of the Luxembourg judge: Could a country once declared to be of leaving the EU is not self-employed, it could be from the other countries in the emission of quasi-forced. But that would be “incompatible” with the objective of the EU treaties, to create an ever closer Union among the peoples of Europe. A state should not be against his will, forced to leave the European Union.
Why should be a consent of the remaining members of the EU necessary?
The EU Commission and the Council of the member countries had worked to ensure that a withdrawal should only be with the consent of the other EU-States possible. A idea: countries could agree to exit and take back to claims against the EU to enforce. The advocate General of the ECJ had therefore proposed an important limit: the withdrawal of The resignation should not be abusive. The judges in Luxembourg do not have this limit now.
What is the verdict?
several members of the Scottish, UK and European Parliament had Complained. They wanted to know what options you have in the upcoming vote on the withdrawal agreement in the British Parliament. Now you know: It’s not just about a Brexit, with or without agreement. “No Brexit” would also be an Option on the UK independently. Brexit-the opponents could give the judgment from Luxembourg back some wind. In the London Parliament, no majority for the agreement is not in sight.
