The Scottish Judicial Forum on Civil Affairs rejected a motion for a petition from the initiative of a lawmaker from the European Union court to ask Britain to unilaterally halt the process leading to the abolition of UK membership. Judge announcing the order is unnecessary, as there is no formal shutdown of the Brexit process on the agenda.
Prime Minister Theresa May announced on March 29, the activation of Article 50 of the Treaty of Lisbon, officially launching the process leading to the expiry of the British EU membership. Article 50 stipulates that EU membership will expire on the 29th of March 2019 following the entry into force of the exit agreement and, in the absence thereof, two years after notification of the intention to leave, but the resignation negotiations may be extended by consensus of Member States.
However, seven Scottish MEPs and MEPs filed a lawsuit last year with the Supreme Court of Edinburgh requesting that the Scottish Government seek a resolution from the European Court of Justice whether the Brexit process could be stopped without the consent of the other 27 Member States.
The acting judge dropped the initiative in Tuesday’s decree. It argues that neither the British Parliament nor the British Government indicate any intention to withdraw the notification of activation of Article 50 to Brussels, and whereas the British Government’s Brexit policy does not conflict with Parliament’s legislative will – to send a notice, there is no case in which the Court of Justice of the European Union should adjudicate.
In a referendum held for one and a half years on British membership in the EU, a narrow majority of the participants, 51.9 percent, left the national average and 63 percent of the Scottish voters voted to stay.
Scottish Prime Minister Nicola Sturgeon has since repeatedly stated that Scotland “can not let go of it despite being wanted” from the EU.
Lord John Kerr, one of the most prestigious British veterans in British diplomacy, a former British ambassador to the EU who developed the principles of Article 50 of the Treaty of Lisbon, has repeatedly expressed his legal opinion in recent months that Britain is at any stage of the Brexit process you can think of yourself.
According to Lord Kerr, British exit from the EU did not become mandatory because Theresa May sent a notification on the activation of Article 50 to Brussels in March last year and Britain will be free to decide whether to continue the exit process .
Donald Tusk, the President of the European Council of Heads of State and Government, hinted at the fact that the Brexit process could still be reversed. Mr Tusk, speaking to the European Parliament last month’s plenary session, said to the British government that “we have not thought about ourselves on the continent, our hearts are still open to you.”
Source: MTI / Image: mandiner.hu /