There are 2 theories as to how Brexit may be stopped. The first (Revocation) is that a conclusive decision to leave the EU is not required to commence the Article 50 process & that the UK can unilaterally change its mind. 1/
You may recall that, back in May of last year, one of our friends asked DExEU for a copy of the UK’s decision to leave the EU:
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You may also recall that on 12 June, the Divisional Court found that the UK’s decision to leave the EU was taken by the PM herself when she signed the A50 notification letter on 29 March 2017
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Which of course is NOT what DExEU told our friend back in May (two months after the decision)
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Until now we’ve underestimated the importance of this case (Shindler) which is being brought before the EU General Court (GC). It seeks to declare the Brexit process illegal because people were inappropriately disenfranchised. 1/
Because (as is usual for Theresa May’s administration) the Government has been saying different things in London & Brussels, the case will look very different to the General Court in Luxembourg than it does to us in the UK 2/.
In the UK we know that the Referendum was not the decision, just a consultation that Parliament decided we had to go through first. It didn’t matter too much to the Courts who voted in the referendum because it only had political, not legal, effect.3/
Good question. #A50Scotland is not separate to the case to which you refer. It is an application to intervene in it. The existing case assumes that a decision to leave the EU has been properly taken & the A50 notice is valid. We dispute that, which is why we are intervening. 1/
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We’re seeking permission to ask the Court, when considering whether it’s possible to withdraw the A50 notice under EU law, to first consider whether it is possible to do so under UK law as it stands. If it is, that raises the question of whether the notice is actually valid. 2/
A better question would be to ask why SNP Labour Green & LibDem politicians, supported by money donated via Crowd Justice, are trying to prevent us asking the Court to engage with a rudimentary part of their own question: Can the A50 notice be withdrawn under current UK law? 3/