The European Court of Justice’s advocate general said on Tuesday the UK has the legal right to unilaterally withdraw its Brexit notice from the European Union.
“Advocate General (Manuel) Campos Sanchez-Bordona proposes that the Court of Justice should declare that Article 50 … allows the unilateral revocation of the notification of the intention to withdraw from the EU,” the ECJ said.
“That possibility continues to exist until such time as the withdrawal agreement is formally concluded,” the ECJ added in a statement.
While the advocate general’s opinions are not binding, the court tends to follow them in its final rulings.
It is not know when the court will announce its decision.
The case was brought before the ECJ by Scottish politicians opposed to Brexit.
They hope it could pave the way for a second referendum on EU membership.
“The decision is one that the UK can make unilaterally – without needed the consent of the other (EU) member states,” said Jo Maugham, one of the lawyers involved in the case.
“That puts the decision about our future back into the hands of our own elected representatives.”
Later, Theresa May’s spokesman said the UK government is not going to revoke its notice to quit the European Union.