The UK can unilaterally halt Brexit, rules ECJ

The European Court of Justice has ruled the UK can unilaterally halt Brexit.

The ruling, which comes from a case brought by a cross-party group of Scottish politicians, means the UK could remain in the EU on its current terms without permission from the other EU members states.

Labour MEP Catherine Stihler said the judgement showed “beyond any doubt, that Westminster can revoke its withdrawal from the European Union”.

Meanwhile SNP MP Joanna Cherry said: “The UK government has ignored Scotland’s vote to remain and all compromises suggested by the Scottish Government. 

“They also fought us every inch of the way in this case, so it’s a particularly sweet irony that Scottish parliamentarians and the Scottish courts have provided this lifeline to the UK parliament at this moment of crisis.”

The judgement, which follows an opinion from last week, cannot be appealed.

It comes a day before MPs in the House of Commons are due to hold a meaningful vote on Theresa May’s Brexit deal.

But although May’s Brexit deal is expected to be rejected by MPs, the ECJ said any decision to revoke triggering Article 50 must "follow a democratic process", meaning it would have to be approved by Parliament.

The member state would then have to write to the EU to notify them of the "unequivocal and unconditional" decision.

Constitutional Relations Secretary Michael Russell said: “This is a hugely important decision that provides clarity at an essential point in the UK’s decision making over its future relationship with the EU.

“People in Scotland overwhelmingly voted to remain in the EU and that continues to be the best option for Scotland and the UK as a whole.

“This judgment exposes as false the idea that the only choice is between bad deal negotiated by the UK Government or the disaster of no deal.

“We now know, thanks to the efforts of Scotland’s parliamentarians, that remaining in the EU is still on the table.”

Stihler said: “This historic ruling paves the way for the disastrous Brexit process to be brought to a halt.

“We now know, beyond any doubt, that Westminster can revoke its withdrawal from the European Union. This has been a lengthy and expensive legal process, but the result proves that it was worthwhile.

“When MPs vote on Theresa May’s Brexit deal, they now know they can ultimately choose to stop Brexit and keep the best deal we currently have as a full member of the EU.

“I am increasingly confident that is what will happen if MPs agree to a People’s Vote, which is what the country now urgently needs.”