CJEU Case C-621/18 | Wightman and Others v Secretary of State for Exiting the European Union

Author (Corporate)
Series Details C-621/18
Publication Date 2018
Content Type , ,

Summary:

Compilation of information resources relating to Case C-621/18 from the Court of Justice of the European Union (CJEU), as regards notification of intention to withdraw from the European Union (EU) in accordance with Article 50 TEU.

Further information:

In June 2016, a referendum of the United Kingdom (UK) electorate produced a majority in favour of the Member State's leaving the EU. In March 2017, the UK Prime Minister notified the European Council of the UK's intention to withdraw from the EU under Article 50 TEU.

In December 2017, a petition for judicial review was lodged to the Court of Session in Scotland (UK) to determine whether the notification referred to in Art. 50 can be revoked unilaterally before the expiry of the two year period, with the effect that such revocation would result in the UK remaining in the EU. In June 2018, the Court of Session referred this question to the CJEU for a preliminary ruling. Because of the urgency of its request, the Court of Session asked the CJEU to apply its expedited procedure.

On 19 December 2018, the Court of Justice ruled that the UK is free to revoke unilaterally the notification of its intention to withdraw from the EU. The ruling added that such a revocation, decided in accordance with the UK's own constitutional requirements, would have the effect that the UK remains in the EU under terms that are unchanged as regards its status as a Member State.

Related Links
Official
Court of Justice of the European Union (CJEU): CURIA: Case C-621/18 | Wightman and Others v Secretary of State for Exiting the European Union http://curia.europa.eu/juris/liste.jsf?&num=C-621%252F18
Court of Justice of the European Union (CJEU): Press Release No 187/18, 04/12/2018: Advocate General’s Opinion in Case C-621/18 - Wightman and Others v Secretary of State for Exiting the European Union https://curia.europa.eu/jcms/upload/docs/application/pdf/2018-12/cp180187en.pdf
Court of Justice of the European Union (CJEU): Press Release No 191/18, 10/12/2018: Judgment of the Court of Justice in Case C-621/18 Wightman and Others https://curia.europa.eu/jcms/jcms/p1_1512505/en/

News
BBC News, 27/11/2018: Brexit court case 'could lead to disaster', EU lawyers warn https://www.bbc.co.uk/news/uk-scotland-scotland-politics-46428579
Politico, 04/12/2018: EU top judge: UK can unilaterally withdraw Article 50 https://www.politico.eu/article/eu-top-judge-uk-can-unilaterally-withdraw-article-50/
The Guardian, 04/12/2018: UK can stop article 50 without EU approval, top ECJ adviser says https://www.theguardian.com/politics/2018/dec/04/uk-can-stop-article-50-without-eu-approval-top-ecj-adviser-says
EurActiv, 04/12/2018 UK could halt Brexit unilaterally, says EU’s top judge https://www.euractiv.com/section/uk-europe/news/uk-could-halt-brexit-unilaterally-says-eus-top-judge/
BBC News, 10/12/2018 Brexit ruling: UK can cancel decision, EU court says https://www.bbc.co.uk/news/uk-scotland-scotland-politics-46481643
The Guardian, 10/12/2018: Brexit: UK can unilaterally revoke article 50, says ECJ https://www.theguardian.com/politics/2018/dec/10/uk-can-unilaterally-stop-brexit-process-eu-court-rules
Politico, 10/12/2018 UK can withdraw Brexit notification, ECJ rules https://www.politico.eu/article/uk-can-withdraw-brexit-notification-ecj-rules-2/

Commentary and Analysis
EU Law Analysis, 04/12/2018: Revoking the notice to withdraw from the EU? The opinion in Wightman http://eulawanalysis.blogspot.com/2018/12/revoking-notice-to-withdraw-from-eu.html
The New Statesman, 04/12/2018: Article 50 can be revoked, says the EU’s top lawyer. So what does that mean for Brexit? https://www.newstatesman.com/politics/brexit/2019/08/article-50-can-be-revoked-says-eu-s-top-lawyer-so-what-does-mean-brexit
The Guardian, 04/12/2018: Britain can legally cancel Brexit. That’s EU advice – but will parliament agree? https://www.theguardian.com/commentisfree/2018/dec/04/britain-legally-cancel-brexit-eu-parliament-court-remain
EU Law Analysis, 10/12/2018: Brexit: you can U-turn if you want to. The CJEU judgment in Wightman http://eulawanalysis.blogspot.com/2018/12/brexit-you-can-u-turn-if-you-want-to.html
The Conversation, 10/12/2018: Article 50 can be revoked: here’s what it means for Brexit https://theconversation.com/article-50-can-be-revoked-heres-what-it-means-for-brexit-108522
Verfassungsblog, 10/12/2018: Sovereign Choices: The CJEU’s Ruling on Exit from Brexit https://verfassungsblog.de/sovereign-choices-the-cjeus-ruling-on-exit-from-brexit/
Open Europe: Blog, 11/12/2018: What does the ECJ decision on Article 50 mean? https://web.archive.org/web/20190729100543/https://openeurope.org.uk/today/blog/what-does-the-ecj-decision-on-article-50-mean/
UK in a Changing Europe: Analysis, 11/12/2018: Revoking Article 50 after the ECJ’s ruling http://ukandeu.ac.uk/revoking-article-50-after-the-ecjs-ruling/
European Law Blog, 11/12/2018: Case C-621/18, Wightman v Secretary of State for Exiting the European Union: The European Court of Justice confirms that Article 50 notification can be unilaterally revoked https://www.europeanlawblog.eu/pub/case-c-621-18-wightman-v-secretary-of-state-for-exiting-the-european-union-the-european-court-of-justice-confirms-that-article-50-notification-can-be-unilaterally-revoked/release/1
University of Bristol: Law School Blog, 14/12/2018: A call for the revocation of Article 50 https://legalresearch.blogs.bris.ac.uk/2018/12/a-call-for-the-revocation-of-article-50/
UK Constitutional Law Association: Constitutional Law Group, 17/12/2018: Revoking Article 50 TEU (C-621/18 Wightman and others): 'Iphigenia Must Reach the Altar' https://ukconstitutionallaw.org/2018/12/17/aris-georgopoulos-revoking-article-50-teu-c-621-18-wightman-and-others-iphigenia-must-reach-the-altar/
London School of Economics (LSE): EUROPP Blog, 20/12/2018: The legal issues of revoking the notification to leave the EU – but then notifying to leave again https://blogs.lse.ac.uk/brexit/2018/12/20/the-legal-issues-of-revoking-the-notification-to-leave-the-eu-but-then-notifying-to-leave-again/
American Journal of International Law (AJIL): Vol 113 No 4, 18/09/2019: Wightman et al. v. Secretary of State for Exiting the European Union https://doi.org/10.1017/ajil.2019.56

ESO Records
Article 50 TEU: Withdrawal of a Member State from the EU https://www.europeansources.info/record/article-50-teu-withdrawal-of-a-member-state-from-the-eu/

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