The European Commission has announced that it has started implementing its Brexit “no deal” Contingency Action Plan given the continuing uncertainty regarding ratification of the Withdrawal Agreement in the UK. This follows the Commission’s communication of 13 November 2018 which provided details of the types of contingency measures that it intended to take in a variety of areas, as well as the 78 preparedness notices from Commission departments on how Brexit will change law and policy. Continue reading
The Government continues to publish draft statutory instruments to make the changes to legislation required in the event of a hard Brexit, i.e. if the UK leaves on 29 March 2019 without a deal. Continue reading
CJEU UPHOLDS OPINION OF ADVOCATE GENERAL AND RULES THAT UK CAN UNILATERALLY CANCEL BREXIT BY REVOKING ARTICLE 50
The post below was first published on our PIL blog
In a landmark decision delivered on an accelerated timetable, the Court of Justice of the European Union (“CJEU“) has ruled that a Member State can unilaterally revoke its notice of intention to withdraw from the European Union (“EU“) under Article 50 of the Treaty on the European Union (“TEU“), upholding the opinion given by the Advocate General last week (see post).
The CJEU, in Wightman and Others v Secretary of State for Exiting the European Union, held that an Article 50 TEU notification can be unilaterally revoked if (1) the revocation is submitted in writing to the European Council (“Council“), (2) the revocation is clear and unequivocal, (3) no withdrawal agreement has entered into force, or if no such agreement has been concluded, the two year (or extended) period has not expired, and (4) the revocation is made in accordance with the Member State’s constitutional requirements.
The negotiated withdrawal deal comprising a legally binding Withdrawal Agreement and a Political Declaration on future relations is facing significant opposition in the UK and is now unlikely to be submitted for parliamentary approval before January. The situation is confused and expressions of despair are being heard in Brussels as well as in the UK. We do not seek in the View from Brussels to make predictions about a largely unpredictable process. There are many other sources of predictions. Instead we think that there is value in a brief legal commentary on the various alternative ways forward in the event that the negotiated withdrawal deal is rejected. Continue reading
With ongoing uncertainty regarding the UK Parliament’s acceptance or rejection of the Withdrawal Agreement and the Political Declaration on the future relationship between the UK and EU, both endorsed by the EU Council on 25 November 2018, we have updated the Withdrawal Agreement Q&A section of our Brexit Legal Guide to take into account the latest developments.
The updated section is available here.
In the latest update to our Brexit series on the Herbert Smith Freehills Podcast channel Christopher Hunt and Michael McErlaine discuss the Withdrawal Agreement and the Political Declaration released in the past weeks, the next steps to avoid a no-deal Brexit scenario and the impact on companies in Asia and beyond. Continue reading
The Court of Justice of the European Union (“CJEU“) has now ruled that a Member State is free to unilaterally revoke its notice of intention to withdraw from the European Union under Article 50 of the Treaty of the European Union (“TEU“). This decision follows the Advocate General’s conclusion of last week (see post), meaning that the UK is able to unilaterally cancel its withdrawal from the EU: Judgment in Case C-621/18 Wightman and Others v Secretary of State for Exiting the European Union. Continue reading
41ST FA MANN LECTURE: THE RT HON DOMINIC GRIEVE QC MP SPEECH “BREXIT- ENDGAME OF INTERNATIONAL ENGAGEMENT OR A NEW START?”
On 22 November the 41st FA Mann Lecture was delivered by the Rt Hon Dominic Grieve QC MP, speaking on the issue: “Brexit – endgame of international engagement or a new start?” In the Lecture Mr Grieve observed that while “taking back control” may be a powerful idea in conditions where the decline in general confidence in institutions, both national and supranational, has become so marked, in an increasingly interdependent World, what constitutes the benefit of exclusive control becomes very hard to identify and therefore very hard to achieve without a high level of collateral consequences. The full text of the Lecture delivered by Mr Grieve can now be found here. Continue reading
Advocate General Campos Sánchez-Bordona has advised that Article 50 of the Treaty of the European Union (“TEU“) allows for the unilateral revocation of the notification of the intention to withdraw from the EU, meaning that the UK should be able to unilaterally cancel its withdrawal from the EU: Advocate General’s Opinion in Case C-621/18 Wightman and Others v Secretary of State for Exiting the European Union Continue reading
On our 28 November 2018 Brexit webinar, we were delighted to be joined by Daniel Finkelstein OBE to share with us his thoughts on the current status of the Brexit negotiations. Daniel is an Associate Editor and weekly columnist for the Times newspaper, a member of the House of Lords since 2013 and has advised many prominent Conservative party ministers. In an informative discussion, he gave us his views on a variety of issues including: Continue reading