A Unilateral Revocation of a Withdrawal Notice and the Silencing of the European Union
Abstract
This article seeks to examine the issue of whether a Member State of the European Union may withdraw its notification of withdrawal. The question is relevant as we watch Brexit unfold and due to the fact that in December 2018 the Court of Justice of the European Union handed down a preliminary ruling in Case C-621/18 Wightman and Others v. Secretary of State for the European Union that answers the question regarding the possibility of the United Kingdom unilaterally withdrawing its exit notification under Article 50 of the Treaty of the European Union. The problem stems from the fact that that provision does not resolve the issue and there are a multitude of interpretations as to the validity of any change in the position of a Member State. However, the solution to this omission divides the doctrine. On the one hand, there are authors who deny this possibility. On the other hand, there are authors who admit such a possibility and resort to constitutional law, international law and European law. In its decision, the CJEU interpreted EU law in a manner that allows unilateral withdrawal of an exit notification without any restriction. However, such an understanding silences the European Union.
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