Fortunately, on Tuesday, the purportedly "politically independent" European Court of Justice has just handed her a new tool that could come in handy during the debate over the deal as May works to whip up votes. To wit, the ECJ issued an advisory opinion on Tuesday that May would be allowed to legally reverse the triggering of Article 50 of the LIsbon Treaty - a decision that would effectively reverse the Brexit process.
While the opinion is "purely advisory", the Court typically follows this type of guidance in its rulings.
While the opinion is purely advisory, the Luxembourg-based court usually follows such advice. A date for a final rulings hasn’t been set yet but could still come this month, potentially even before the U.K. Parliament’s Dec. 11 vote on May’s Brexit deal.
To be sure, it's certainly possible that, if May had tried to reverse the invocation of Article 50 unilaterally, UK court would have backed her up. But by offering its advisory opinion, the ECJ is effectively handing May an 'out'. If the UK is careening toward a 'no deal' exit during the days before Brexit Day, May could rely on this opinion to justify threats that there will be - as she said the other week - "no Brexit at all" - if MPs don't vote for her deal.
Bloomberg hinted at this in its story about the ruling:
"The possibility continues to exist" to revoke the Brexit notice "until such time as the withdrawal agreement is formally concluded," Advocate General Manuel Campos Sanchez-Bordona of the EU Court of Justice said in a non-binding opinion on Tuesday.
This opinion - fought hard by May’s government - could actually turn out to be a weapon she can use to her advantage as the country heads into uncharted Brexit territory. The possibility that the U.K. can go back on its decision will be alarming to Brexit hardliners, encouraging them to grudgingly support May’s much-maligned roadmap for how the country should quit the block.
Then again, BBG reasoned that using the ruling as a cudgel could backfire by encouraging pro-European lawmakers to push for the cancellation of Brexit.
Still, a decision saying that Article 50 can be unilaterally revoked favors those who want to remain in the EU and could help those campaigning to thwart Brexit with a second referendum. It could also encourage some wavering pro-EU lawmakers to vote against May’s deal.
It would put "the decision about our future back into the hands of our own elected representatives - where it belongs," pro-Remain lawyer Jolyon Maugham, who brought the lawsuit, said on Twitter. "On this critical issue, I’m sure MPs will now search their consciences and act in the best interests of our country."
Former UKIP leader Nigel Farage argued that the recommendation is just the latest sign that "every effort" to stop Brexit is being made on both sides of the channel.
ECJ says the UK can revoke Article 50 without permission. Every effort is being made on both sides of the Channel to stop Brexit.
— Nigel Farage (@Nigel_Farage)
December 4, 2018 After the ruling, a spokesman for May's government reiterated that "it remains a matter of firm Government policy that Article 50 will not be revoked."
And while that may be true for now, if May's draft deal doesn't pass during next week's vote, forcing both sides to step up preparations for a 'no deal' Brexit, the political calculus could swiftly change.
More at: https://www.zerohedge.com/news/2018-...-cancel-brexit
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