EUROPEAN NEWS



A Supreme Irony

2018-12-10

"Article 50 TEU must be interpreted as meaning that, where a Member State has notified the European Council, in accordance with that article, of its intention to withdraw from the European Union, that article allows that Member State — for as long as a withdrawal agreement concluded between that Member State and the European Union has not entered into force or, if no such agreement has been concluded, for as long as the two-year period laid down in Article 50(3) TEU, possibly extended in accordance with that paragraph, has not expired — to revoke that notification unilaterally, in an unequivocal and unconditional manner, by a notice addressed to the European Council in writing, after the Member State concerned has taken the revocation decision in accordance with its constitutional requirements. The purpose of that revocation is to confirm the EU membership of the Member State concerned under terms that are unchanged as regards its status as a Member State, and that revocation brings the withdrawal procedure to an end."

Such is the conclusion of the European Court of Justice in a preliminary Ruling published on 10 December 2018. In its argument, the Court rejected  the submission on behalf of the British Government that the question was purely hypothetical, as wel as the submission on behalf of the EU Council that a unilateral revocation would be contrary to European Law.

A truly supreme irony, that the the current British Government might be saved by the Court, the jurisdiction of which had been one of the principal reasons for Brexit.


Download Document



Back
Frans A.M. Alting von Geusau

Email

  • Cultural Diplomacy: Waging war by other means?
  • Order Book
  • The Illusions of Détente,
  • Order Book
  • Western Cooperation
  • Order Book
  • Sporen van de Twintigste Eeuw
  • Order Book
  • European Unification into the twenty first Century...
  • Order Book
  • De geest van Christus leeft in Europa
  • Order Book
  • Neither Justice nor Order
  • Order Book

Neither Justice nor Order

Footprints of the 20th Century - Third Edition

Description

This fifth and final volume offers a critical assessment of the state of the law of nations. In the twenty first century the world needs true global law anchored in the dignity of the human person rather than weak international law built on the interests of major sovereign states.

Footprints of the 20th Century

Footprints of the 20th Century - Third Edition

Description

The peaceful collapse of the Soviet totalitarian, communist system has been a watershed of historic proportions in Europe and the world. In 1989, unexpectedly, Communism and the Cold War were behind us, they were bad and should be forgotten. The immediate post-1989 world presented itself as a new era of organised forgetting, as neither East nor West were interested in examining the prolonged period of acquiescence in absurdities.