By Ben Kerrigan-
In dramatic developments to the stand off surrounding Brexit talks between The UK and the EU, Anti-Brexit campaigners have been granted permission to take their case to Europe’s highest court in pursuit of a ruling on whether it Brexit can be haulted.
The application was made in the light of the challenges the process of Brexit has faced ever since the Uk voted to leave the 27 state bloc. The cross-party group of politicians argue that Article 50 can be revoked if MPs vote to do so.
The ruling follows the original rejection of their appeal by the Court of Session in Edinburgh, but European judges have accepted the appeal. The panel of appeal judges at the Court of Session said the “urgency of the issue” – with the UK due to leave the EU on 29 March – meant its request to the European Court was being done under expedited procedure.
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The UK government said it was “disappointed” by the decision and was giving it “careful consideration”.
A Downing Street spokesman confirmed that the government steadfast commitment to implementing the result of the EU referendum, adding that it “will not be revoking Article 50.” The government said it was carefully considering the ruling it sees as disappointing. The Uk and The EU seem to have arrived at a deadlock over Brexit negotiations, which both sides not shifting on the issue of Northern Ireland and the free movement of people and goods.
The legal case has been brought by politicians including Scottish Green MSPs Andy Wightman and Ross Greer, Labour MEPs David Martin and Catherine Stihler and SNP MEP Alyn Smith, who have claimed that it could “decide the fate of the nation”. They are also supported by lawyer Jolyon Maugham QC, the director of the Good Law Project. He described the latest ruling as a “bombshell” that would potentially allow the country to “wake up from the nightmare that is this government’s Brexit”.
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If Anti Brexiter campaigners have their way, it would give parliament the power to unilaterally halt Brexit if it feels the final deal is unacceptable – even if the government wants to leave regardless.
Scotland’s most senior judge, Lord Carloway, and colleagues Lord Menzies and Lord Drummond Young gave a related ruling from the outcome of the appeal, stating that it was “clear” that MPs at Westminster would be required to vote on any Brexit deal agreed by the EU and the UK government.
He stated: “It seems neither academic nor premature to ask whether it is legally competent to revoke the notification and thus to remain in the EU.
“The matter is uncertain in that it is the subject of a dispute; as this litigation perhaps demonstrates.
“The answer will have the effect of clarifying the options open to MPs in the lead up to what is now an inevitable vote.”
The judge also said Lthe European court would not be advising parliament on “what it must or ought to do”.
Instead he said it would be “merely declaring the law as part of its central function”, adding that “how parliament chooses to react to that declarator is entirely a matter for that institution”.
Photo Credits: The Conversation.Com
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