Andy Wightman et al. v. Secretary of State for Exiting the European Union

E.C.J. Case C-621/18 (2018)

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Andy Wightman et al. v. Secretary of State for Exiting the European Union

European Union Court of Justice
E.C.J. Case C-621/18 (2018)

Facts

In 2019, the United Kingdom (UK) held a referendum on the question of whether the UK should remain in or leave the European Union (EU). The majority of votes cast in the referendum favored leaving the EU. On March 29, 2017, the UK formally notified the European Council of the UK’s intention to withdraw from the EU, beginning the two-year time period for negotiation of a withdrawal agreement under EU law. On June 19, 2017, the UK and the EU began negotiating the terms of the UK’s withdrawal from the EU. Prior to the conclusion of a withdrawal agreement, members of the UK Parliament petitioned a UK court for a declaratory judgment specifying how the UK could revoke the UK’s notification of intention to withdraw from the EU. The UK court refused to request a preliminary ruling on the grounds that the question was merely hypothetical. However, on appeal, another UK court asked the European Union Court of Justice for a preliminary ruling on whether an EU member state could revoke that state’s notification of intent to withdraw from the EU.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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