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Denzil_DC

(8,010 posts)
13. Jessica Simor gives more details of the legal argument that Article 50 could be rescinded:
Sun Oct 8, 2017, 07:57 AM
Oct 2017
Why it’s not too late to step back from the Brexit brink

...

Article 50 provides for the notification – not of withdrawal but of an “intention” to withdraw. In law, an “intention” is not a binding commitment; it can be changed or withdrawn. Article 50(5) is, moreover, clear that it is only after a member state has left that it has to reapply to join. Had the drafters intended that once a notification had taken place, a member state would have to request readmission (or seek the consent of the other member states to stay), then article 50(5) would have referred not just to the position following withdrawal, but also following notification. Such an interpretation is in line with the object and purpose of article 50.

The EU’s competences are based on the consent of its member states. The authority to increase or reduce these competences is within their hands. Article 50 is an example of the principles of consent and conferral; it confirms the right of a member state to withdraw from the union. In the words of the German federal constitutional court in the Lisbon case, the “right to withdraw underlines the member states’ sovereignty… If a member state can withdraw based on a decision made on its own responsibility, the process of European integration is not irreversible”. The purpose of article 50 is therefore to confirm in express terms the member states’ ability to withdraw from the EU and to lay down the procedures for doing so. By confirming the right of states to withdraw from the EU treaties, article 50 maintains the right of states to change their mind on withdrawal, as provided for in article 68 of the Vienna convention on the law of treaties.

https://www.theguardian.com/commentisfree/2017/oct/07/why-its-not-too-late-to-step-back-from-brexit

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