Police attempt to keep rival Brexit protest groups from clashing in central London, Sunday Dec. 9, 2018. (Victoria Jones/PA via AP)

Police attempt to keep rival Brexit protest groups from clashing in central London, Sunday Dec. 9, 2018. (Victoria Jones/PA via AP)

Top EU court rules UK can change mind over Brexit

Britain voted in 2016 to leave the 28-nation bloc, triggering a two-year exit process

The European Union’s top court ruled Monday that Britain can change its mind over Brexit, boosting the hopes of people who want to stay in the EU that the process can be reversed.

The European Court of Justice ruled that when an EU member country has notified its intent to leave, “that member state is free to revoke unilaterally that notification.”

Britain voted in 2016 to leave the 28-nation bloc, and invoked Article 50 of the EU’s Lisbon Treaty in March 2017, triggering a two-year exit process.

Article 50 contains few details, in part because the idea of any country leaving was considered unlikely.

A group of Scottish legislators had asked the ECJ to rule on whether the U.K. can pull out of the withdrawal procedure on its own.

READ MORE: EU set to endorse Brexit deal but hard work lies ahead

The Luxembourg-based ECJ said that given the absence of any exit provision in Article 50, countries are able to change their mind in line with their own constitutional arrangements and that such a move “reflects a sovereign decision.”

The British government is free to do so as long as no withdrawal agreement has entered force.

A member state can also choose to change its mind in the case where no agreement has been reached, as long as the two-year time limit, including any transition period, has not expired.

Scotland’s constitutional Relations Secretary Michael Russell described the ruling as “hugely important.”

“People in Scotland overwhelmingly voted to remain in the EU,” he said. “This judgment exposes as false the idea that the only choice is between a bad deal negotiated by the U.K. government or the disaster of no deal.”

British Prime Minister Theresa May has repeatedly said the government will not seek to delay or reverse Brexit.

But the court’s opinion is another headache for the Conservative prime minister as she battles to win Parliament’s backing through a crucial vote scheduled for Tuesday for the divorce deal she has agreed with the EU.

British Environment Secretary Michael Gove, who helped drive the Brexit campaign, said the court ruling would have no real impact.

“We don’t want to stay in the EU … so this case is very well but it doesn’t alter the referendum vote or the clear intention of the government that we leave on March 29,” Gove told the BBC.

May, meanwhile, was scrambling to change lawmakers’ minds and stave off defeat.

The government insisted Monday that Tuesday’s vote will be held as scheduled, amid pressure to delay it to avoid a defeat that could sink May’s deal, her premiership, or both.

May’s government does not have a majority in the House of Commons, and opposition parties — as well as dozens of Conservative lawmakers — say they will not back the divorce deal that May and EU leaders agreed last month.

Pro-Brexit lawmakers say the deal keeps Britain bound too closely to the EU, while pro-EU politicians say it erects barriers between the U.K. and its biggest trading partner and leaves many details of the future relationship undecided.

The main sticking point is a “backstop” provision that aims to guarantee an open border between EU member Ireland and the U.K.’s Northern Ireland post-Brexit. The measure would keep Britain under EU customs rules, and is supposed to last until superseded by permanent new trade arrangements. Critics say it could leave Britain tied to the EU indefinitely, unable to strike new trade deals around the world.

May and the EU both insist the withdrawal agreement can’t be changed. But May spoke over the weekend to European Council President Donald Tusk, who will chair an EU summit in Brussels on Thursday, and Irish Prime Minister Leo Varadkar, amid signs she is seeking to tweak the deal to win over skeptical lawmakers.

“Of course we can improve this deal, and the prime minister is seeking to improve this deal,” Gove said.

But, he warned, “by reopening it, there is a risk that we may not necessarily get everything that we wish for.”

The Associated Press

Like us on Facebook and follow us on Twitter.

Just Posted

The Government of Alberta identified 115 new COVID-19 cases Sunday, bringing the provincial total to 3,089.
(Black Press file photo)
Alberta reports 100 new cases of COVID-19

The Central zone sits at 218 active cases

The Government of Alberta identified 115 new COVID-19 cases Sunday, bringing the provincial total to 3,089.
(Black Press file photo)
Red Deer drops to 71 active cases of COVID-19

Province adds 127 new cases of the virus

Police officers and their dogs undergo training at the RCMP Police Dog Services training centre in Innisfail, Alta., on Wednesday, July 15, 2015. Mounties say they are searching for an armed and dangerous man near a provincial park in northern Alberta who is believed to have shot and killed a service dog during a police chase. THE CANADIAN PRESS/Jeff McIntosh
RCMP search for armed man in northern Alberta after police dog shot and killed

Cpl. Deanna Fontaine says a police service dog named Jago was shot during the pursuit

Alberta now has 2,336 active cases of COVID-19, with 237 people in hospital, including 58 in intensive care. (Black Press file photo)
Red Deer down to 73 active cases of COVID-19, lowest since early November

The Central zone has 253 active cases of the virus

Marco Mendicino, Minister of Immigration, Refugees and Citizenship during a press conference in Ottawa on Thursday, May 13, 2021. THE CANADIAN PRESS/Sean Kilpatrick
Canada to welcome 45,000 refugees this year, says immigration minister

Canada plans to increase persons admitted from 23,500 to 45,000 and expedite permanent residency applications

FILE – Most lanes remain closed at the Peace Arch border crossing into the U.S. from Canada, where the shared border has been closed for nonessential travel in an effort to prevent the spread of the coronavirus, Thursday, May 7, 2020, in Blaine, Wash. The restrictions at the border took effect March 21, while allowing trade and other travel deemed essential to continue. (AP Photo/Elaine Thompson)
Feds to issue update on border measures for fully vaccinated Canadians, permanent residents

Border with U.S. to remain closed to most until at least July 21

Blair Lebsack, owner of RGE RD restaurant, poses for a portrait in the dining room, in Edmonton, Friday, June 18, 2021. Canadian restaurants are having to find ways to deal with the rising cost of food. THE CANADIAN PRESS/Jason Franson
Canadian restaurateurs grapple with rising food costs, menu prices expected to rise

Restaurants are a low margin industry, so there’s not a lot of room to work in additional costs

Orange shirts, shoes, flowers and messages are displayed on the steps outside the legislature in Victoria, B.C., on Tuesday, June 8, 2021 following a ceremony hosted by the Songhees and Esquimalt First Nations in honour of the 215 residential school children whose remains have been discovered buried near the facility in Kamloops, B.C. THE CANADIAN PRESS/Chad Hipolito
Alberta city cancels Canada Day fireworks at site of former residential school

City of St. Albert says that the are where the display was planned, is the site of the former Youville Residential School

Barbara Violo, pharmacist and owner of The Junction Chemist Pharmacy, draws up a dose behind vials of both Pfizer-BioNTech and Oxford-AstraZeneca COVID-19 vaccines on the counter, in Toronto, Friday, June 18, 2021. An independent vaccine tracker website founded by a University of Saskatchewan student says just over 20 per cent of eligible Canadians — those 12 years old and above — are now fully vaccinated. THE CANADIAN PRESS/Nathan Denette
At least 20% of eligible Canadians fully vaccinated, 75% with one dose: data

Earlier projections for reopening at this milestone didn’t include Delta variant

This undated file photo provided by Ernie Carswell & Partners shows the home featured in the opening and closing scenes of The Brady Bunch in Los Angeles. Do you know the occupation of Mike Brady, the father in this show about a blended family? (Anthony Barcelo/Ernie Carswell & Partners via AP, File)
QUIZ: A celebration of dad on Father’s Day

How much do you know about famous fathers?

A dose of the Pfizer-BioNTech COVID-19 vaccine is pictured at a vaccination site in Vancouver Thursday, March 11, 2021. THE CANADIAN PRESS/Jonathan Hayward
NACI advice to mix vaccines gets varied reaction from AstraZeneca double-dosers

NACI recommends an mRNA vaccine for all Canadians receiving a second dose of a COVID-19 vaccine

Bruce Springsteen performs at the 13th annual Stand Up For Heroes benefit concert in support of the Bob Woodruff Foundation in New York on Nov. 4, 2019. (Greg Allen/Invision/AP)
Canadians who got AstraZeneca shot can now see ‘Springsteen on Broadway’

B.C. mayor David Screech who received his second AstraZeneca dose last week can now attend the show

Most Read