Overview
- The UK may unilaterally withdraw the notice to leave
- The UK remains in the EU
- All laws remain the same
- Preserves all existing trade agreements
- Political implications
- Legitimacy issues
- A second referendum likely to be necessary
- Likely continuing debate about the relationship
Since 1st February 2020, revocation is no longer posible. The UK has left the EU and would have to rejoin.
Right to Revoke
The European Union has confirmed that up to the moment of exit from the EU, the UK may unilaterally revoke its notice to leave the EU regardless of what the other states decide or wish. In such a scenario the UK would simply remain a member of the EU as it has to date. The right to unilaterally withdraw the notice to leave must be exercised in good faith.
Alternatively, the UK could agree with the other EU states, as happened when the braided date was postponed to 31 October 2019 (may also apply to new exit date on 31 December 2020), to enter some other arrangement involving a further postponement of the exit date.
Since 1st February 2020, revocation is no longer posible. The UK has left the EU and would have to rejoin.
Practical and Political Issues
In practical political terms, revocation or remaining would require a second referendum unequivocally so deciding. This is not legally necessary because of UK Parliamentary sovereignty. Parliament could, in theory, ignore the 2016 referendum. However, in practical political, consent by way of a second referendum would be required.
The Labour Party had announced that in certain circumstances and subject to conditions it is its policy to have a confirmatory referendum. However, the Labour Party is deeply split and its leadership does not seem to favour a second referendum, in particular on the issue of remaining. It is claimed that the majority of Labour’s electorate favour a second referendum.
Labour indicated that its priority is to get the best Brexit deal for jobs and living standards, to underpin its plans to upgrade the economy and invest in every community and region.
Since 1st February 2020, revocation is no longer posible. The UK has left the EU and would have to rejoin.
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