- Advocate General says UK’s Article 50 notice of intention to leave EU can be unilaterally revoked (Wightman and Others v Secretary of State for Exiting the European Union)
- What are the practical implications of this opinion?
- What was the background?
- What did the Advocate General propose?
- Case details
Public Law analysis: The issue in this case is whether a Member State that has notified the EU of its intention to withdraw from the EU under Article 50 of the Treaty on the European Union (TEU) can change its mind and unilaterally revoke that notification if it chooses to remain in the EU during the two-year negotiation period. Or, whether it can only do so if there is a unanimous decision of the Council of the European Union (ie all the other Member States) agreeing that the Member State may do so. The opinion of Advocate General Campos Sánchez-Bordona is that Article 50 notification may be unilaterally revoked by the Member State, without having to have the consent of the other Member States. Written by Maya Lester QC, barrister at Brick Court Chambers, who acted for the petitioners (Wightman and others).
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