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Jo Maugham QC @JolyonMaugham
, 7 tweets, 2 min read Read on Twitter
THREAD. In a case in which I am a petitioner, Scotland’s Highest Court earlier today agreed to refer to the Court of Justice the question whether the United Kingdom can remain in the EU on its present terms. /1
It rejected the Government’s argument that the question is hypothetical. “It seems neither academic nor premature to ask whether it is legally competent to revoke the notification and thus to remain in the EU.” /2
Whatever the outcome of the reference it is very likely we can decide to remain. Indications from the other 27 member states are that they would allow us to withdraw the notification. /3
Second, it de-risks process. If we have to go cap in hand to the other 27 for permission we risk a country that benefits from the departure of our banks or manufacturers blocking our path to Remain. Remaining should be a choice for the UK. We should have control. /4
There are precedents for very speedy decisions and – my sources at the Court of Justice say – we should have its decision before Christmas. /5
It is no exaggeration to say this is a case that could decide the fate of the nation. You can see the decision here: scotcourts.gov.uk/docs/default-s… /6
To fight the case in the Court of Justice we will need to raise additional funds. Please contribute here: crowdjustice.com/case/strengthe… /ENDS
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