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| Résumé : | Since the EU referendum on 23 June 2016, the decision of the United Kingdom to withdraw from the European Union has been the source of very important legal questions, closely intertwined with political considerations. One of these questions concerns the possibility that the UK could revoke its decision to withdraw from the EU.After the judgment of the UK Supreme Court in R (Miller) v Secretary of State for Exiting the European Union, which had assumed the irrevocability of a withdrawal notification, a group of Scottish parliamentarians launched an action that resulted in a request for a preliminary reference to the Court of Justice of the European Union made by the Inner House of the Court of Session in Scotland. The legal question raised is rather simple, and consists in knowing whether, under Article 50 TEU, a Member State that has notified to the European Council its intention to withdraw from the EU is allowed to unilaterally revoke its notification. As Article 50 TEU is silent on that issue, the answer of the EU judiciary is crucial, especially considering the difficult debate taking place these days in the UK House of Commons on the Withdrawal Agreement. |
