Today, Scottish politicians will appeal to the Court of Session in Edinburgh. The cross-party group, including Labour and Scottish National Party MEPs and Scottish Green MSPs, will seek to clarify whether the UK can independently pull its invocation of Article 50 before its EU departure on March 29, 2019.
The appeal has been called “hypothetical” given the likelihood that the UK government will not vote against Brexit. However, since Parliament was given the final say on PM Theresa May’s anticipated EU trade deal last December, approval of the case could make her job more difficult. She has been scrutinised by her own party for a lack in transparency in devising the least damaging plan due by October, especially given studies suggesting that the UK will be worse off with or without an agreement with Brussels. The enlightened ability for Parliament to reject Ms May’s designs and vote instead to reopen negotiations could galvanise Labour and rebel Tories to reverse Brexit altogether.
Watch for whether this case reaches the ECJ, the institution with the final jurisdiction on withdrawing notification of Article 50. This case could test the fibres of EU law and has the potential to rewire the approach to Brexit.
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Bibi contributes to our analysis of European affairs for The Daily Brief. She also serves as a copy editor for the publication.