Court gives effect to EU judges' article 50 ruling

The Court of Session has formally given effect to the ruling by the EU Court of Justice that the UK's notice to withdraw from the European Union can be revoked by its own decision.

At a hearing yesterday, three Inner House judges, Lord President Carloway presiding, granted a declarator which, Lord Carloway said, "mirrors the decision of the Court of Justice of the European Union, which I think brings the proceedings to an end".

Last week's ruling was given by the full court of 27 European justices, on a question referred by the Court of Session in a petition brought by Andy Wightman MSP and other elected politicians, who sought a definitive ruling in order that MPs and others who had to vote on the Withdrawal Agreement were fully informed as to the options available. 

The court held that, when a member state has notified the European Council of its intention to withdraw from the European Union, as the UK has done, that member state is free to revoke unilaterally that notification.

"That possibility exists for as long as a withdrawal agreement concluded between the EU and that member state has not entered into force or, if no such agreement has been concluded, for as long as the two-year period from the date of the notification of the intention to withdraw from the EU, and any possible extension, has not expired."

It added that the revocation must be decided "following a democratic process in accordance with national constitutional requirements". The case leaves open the question whether that would require an Act of Parliament in the case of the UK, or only an appropriate motion in the House of Commons.

At yesterday's hearing the UK Government was also ordered to pay £105,000 in legal expenses to the petitioners, the maximum open to the court to award. A crowdfunding appeal raised about £200,000 for the petitioners' legal costs.