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Holger Hestermeyer @hhesterm
, 6 tweets, 2 min read Read on Twitter
Court of Session decides to refer question of unilateral withdrawal to CJEU - mini-thread (link to full decision in Philippe’s tweet)
Here’s the question the court has drafted
The court asked the CJEU to rule on the case as a PPU, i.e. in an expedited procedure. Clearly, in April the decision will no longer be of interest.
There is a hurdle to jump over: admissibility (although the CJEU grants a modicum of deference to national courts)
Once in the substantive part, though, the question itself becomes whether Art. 50 can be revoked unilaterally. There are basically three possible answers (@JolyonMaugham has written on this repeatedly)
@JolyonMaugham 1) Yes it can be revoked unilaterally. 2) No it cannot be revoked at all or 3) Yes it can in principle be revoked, but there are limits to revocation
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