Judges at the European Union's highest court will hear a case on the Brexit process on Nov. 27, reviewing whether Britain could unilaterally withdraw its decision to leave the EU, the Court of Justice said in a statement on Wednesday.
The case was raised to the Luxembourg justices by a Scottish court, where politicians opposed to Brexit asked for a ruling to clarify the interpretation of Article 50 of the EU treaty, under which London last year gave two years' notice of its departure.
No other member state has ever left the 60-year-old bloc.
Establishing that reversing the Brexit process can be done without the approval of other EU states would, argue those who brought the case, boost their argument that British lawmakers should block the withdrawal before it happens on March 29.
A memorandum leaked from within the British government gives a taste of a possible finale to the Brexit drama: Prime Minister Theresa May hails a deal in just over 10 days, supporters cheer as arranged, and the pact is put to a vote in parliament on Nov. 27.May's office dismissed the document, which was published on Tuesday by the BBC, and said the poor spelling and childish language indicated it did not represent government thinking, though a spokesman did not explicitly deny the document was genuine.Less than five months before the United Kingdom is due to leave the European Union on March 29, a deal is nearly done, but officials have repeatedly cautioned they are still haggling over the Irish border issue.EU's Tusk, Britain's May discuss 'way ahead' on BrexitAccording to the communications memorandum, headed "Brexit Communications Grid Summary", May's cabinet was to review the deal on Nov. 6, with Brexit Secretary Dominic Raab announcing decisive progress on Nov. 8.After a deal was clinched, leaders such as Japan's prime minister would tweet in support. Irish Prime Minister Leo Varadkar's name was spelled incorrectly."The big picture is that a deal is close," said Anand Menon, professor of European politics at King's College.EU court sets Nov. 27 hearing on Brexit reversal caseLike others named in the document as figures who should publicly back the deal, Menon said he had not been contacted about giving choreographed support."The big unknown is we don't know how parliament will respond to the deal," he said.It is unclear whether May can get the British parliament to support a Brexit deal: About 320 votes are needed to win, but May's 315 Conservative lawmakers are not united behind her plans.We're not afraid of UK election if Brexit deal falls short: N.Irish DUPThe memo said the vote would take place on Nov. 27:"Evening is the vote. HISTORIC MOMENT, PUT YOUR OWN INTERESTS ASIDE, PUT THE COUNTRY’S INTERESTS FIRST AND BACK THIS DEAL," the leaked document said.If May fails to clinch a Brexit deal with the EU, or parliament votes down her deal, then the United Kingdom would face leaving the EU without a divorce deal, and thus without a transition period.Many business chiefs and investors fear a "no-deal" Brexit would weaken the West, panic financial markets and block the arteries of trade.
Leaked British memo gives a taste of PM May's possible Brexit finale
It is not clear when the ECJ might rule on the issue, known as the Wightman Case after Andy Wightman, a member of the Scottish parliament from the Green party, who led the action.
A court official said that typically, under the court's "expedited procedure" for urgent matters, a ruling would be made three to six months after such a hearing. However, the ECJ noted in an order last month that there was "undeniably" a need for an urgent ruling before the British parliament votes on whether or not to accept a treaty with the EU setting out divorce terms.
British Prime Minister Theresa May insists that Britain will leave the EU in March. But she faces a battle in parliament to approve any potential treaty, on which negotiations are deadlocked over how to manage the Irish border. In principle, she could seek a parliamentary vote as early as this month.
A leaked government memo published by the BBC on Tuesday suggested that the date of the Luxembourg hearing, Nov. 27, could be exactly the day that May asks lawmakers to vote -- leaving the ECJ's opinion in the matter moot.
The Northern Irish party that British Prime Minister Theresa May depends upon for a majority in parliament are not afraid of a general election should they object to her Brexit deal, a senior lawmaker for the party said on Wednesday."If we think a Brexit deal is not good for the United Kingdom, we will say so," Democratic Unionist Party (DUP) lawmaker Jeffrey Donaldson said on BBC radio. "We want the deal to be in the best interests of the whole of the United Kingdom.""Let's see what the deal is. We're not afraid of a general election." 'We're heading for no deal Brexit,' N.Ireland DUP lawmaker saysSterling rises after report EU to compromise on Irish border Brexit proposal
We're not afraid of UK election if Brexit deal falls short: N.Irish DUP
A spokeswoman for May's government said that it was seeking to appeal the decision by Scotland's Court of Session to go to the ECJ at Britain's Supreme Court. "It remains a matter of firm policy that we will not be revoking the Article 50 notice, and we will not comment further on ongoing litigation," she added.
On Tuesday, the government said it had submitted written observations to the ECJ, restating its position that the court should dismiss the case as it has long refused to rule on hypothetical questions or provide advisory opinions.
Article 50 of the EU's Lisbon Treaty sets a two-year limit for a state to negotiate a withdrawal treaty with the EU. That treaty must be approved by a specially calculated majority of the other member states. The article also says the two-year negotiation period can be extended if all other states agree.
It does not address the issue of whether the country asking to leave can simply change its mind and retain membership without seeking the approval of the other EU countries.