I’m in the European Court of Justice in Luxembourg listening to judges determine the legal interpretation of the 262 words of Article 50. They are determining whether the UK can unilaterally withdraw its notice of intention to leave the EU [Thread]
The UK ‘triggered’ Article 50 in March 2017 - that was its formal notice of intention to leave the EU. It set in motion a two year clock which pings ‘time up’ on March 29 2019. Article 50 is ambiguous - can it be revoked? Can it be revoked unilaterally?
Lawyers are here from European Commission, European Council (both argue that it can be revoked but requires unanimity of EU member countries), lawyers representing UK government who say whole case is a waste of time because it’s hypothetical - UK gov has no intention of revoking.
There will be no judgement today but we are already getting useful clarity of views of the various sides on a question that has been up in the air ever since Article 50 was triggered.
For the MPs, MEPs & MSPs who asked the ECJ to make a judgement on this case, its a simple question of allowing MPs (who must vote on @theresa_may’s Brussels deal) and the public to see what *all* the Brexit options are.
Highlighting the unusual nature of the case and the ambiguity of Article 50, one of the judges in the ECJ says it is a moment of “constitutional construction”. “There is a textual vacuum which somehow needs to be filled.”
🎥 @ChrisLeslieMP is one of the MPs who is asking for clarity from the European Court of Justice on the revocability of Article 50.
The UK government tried to prevent this case from coming to the ECJ. They argue there’s no need to make judgement on this because government policy is not to revoke Article 50. It could be argued that this argument amounts to the government tying its own hands.
Interestingly, in its papers used to try to prevent this case from coming to the ECJ, the UK government admitted that parliament can direct government to revoke Article 50 👉gov.uk/government/pub… 
The court session has now ended. Judgement has been reserved for another (as yet undetermined) date though an ‘opinion’, and maybe a judgement, is expected within a few weeks.
We will be talking to @JolyonMaugham from @GoodLawProject about this case on @SkyNews shortly - from the courtroom of the European Court of Justice...
