EDINBURGH (Reuters) – A bunch of anti-Brexit Scottish members of parliament has been given the go-ahead to pursue authorized motion to determine whether or not the United Kingdom can unilaterally cease the method of leaving the EU, a Scottish courtroom stated on Friday.
The Scottish Court of Session has accepted a petition from the cross-party group of seven MPs, excluding British Prime Minister Theresa May’s ruling Conservatives, to find out whether or not Brexit might be stopped if Britain, appearing alone, decides to reverse the method.
The British government has three weeks to reply to the problem, earlier than the Edinburgh courtroom – Scotland’s supreme civil judicial physique – units a date to listen to the case, a spokesman stated.
The seven MPs from the Labour Party, Scottish National Party, the Liberal Democrats and the Scottish Greens, need the Court of Sessions to refer the matter to the European Court of Justice, the EU’s highest courtroom, to conclusively rule on the difficulty.
“We know it is possible to stay in the European Union if the other member states allow. But experts believe our parliament can withdraw the (leaving) notification without their permission,” the Scottish MPs stated in an announcement earlier this week.
“But there is only one way to be sure: a court has to decide what Article 50 means.”
May formally notified the EU of Britain’s intention to go away the EU by triggering Article 50 of the Lisbon Treaty on March 29, beginning a two-year exit course of, and has stated she won’t tolerate any try in parliament to dam it.
Brexit supporters argue that after final 12 months’s referendum vote to go away, any try and halt the method can be anti-democratic. But opponents say the nation ought to have a proper to move remaining judgement on any exit deal negotiated, and the Scottish problem is the most recent authorized try and strive to make sure this occurs.
Article 50 doesn’t specify whether or not the exit course of might be unilaterally reversed though former British diplomat Lord Kerr who drafted it has stated Britain can change its thoughts at any stage earlier than the ultimate exit date in 2019.
The referendum noticed 52 % of voters backing Brexit. The ballot shook Britain’s construction, as voters in Northern Ireland and Scotland backed remaining within the EU however these in Wales and England opted to go away.
However, a current BMG opinion ballot discovered that 51 % of Britons would now preserve EU membership versus 41 % who nonetheless wished to go away.
Editing by Stephen Addison