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| Article 50: Can the UK revoke Brexit? | Article 50: Can the UK revoke Brexit? |
| (1 day later) | |
| The UK is due to leave the European Union (EU) on 12 April, unless an extension can be agreed. If EU leaders decide not to grant another Brexit delay, the UK is scheduled to leave on that date without a deal - unless it decides to revoke Article 50. | The UK is due to leave the European Union (EU) on 12 April, unless an extension can be agreed. If EU leaders decide not to grant another Brexit delay, the UK is scheduled to leave on that date without a deal - unless it decides to revoke Article 50. |
| Article 50 is the part of the Lisbon Treaty which sets out what happens when a country decides that it wants to leave the EU. | Article 50 is the part of the Lisbon Treaty which sets out what happens when a country decides that it wants to leave the EU. |
| It was triggered by Theresa May on 29 March 2017, starting a two-year countdown to leaving. | It was triggered by Theresa May on 29 March 2017, starting a two-year countdown to leaving. |
| A petition calling for it be revoked - effectively cancelling Brexit - was signed by more than five million people by 1 April when it was debated in Parliament. | A petition calling for it be revoked - effectively cancelling Brexit - was signed by more than five million people by 1 April when it was debated in Parliament. |
| How could Article 50 be revoked? | How could Article 50 be revoked? |
| The European Court of Justice (ECJ) ruling last year confirmed that the UK could revoke Article 50 itself, without having to ask the other 27 EU countries for permission. | The European Court of Justice (ECJ) ruling last year confirmed that the UK could revoke Article 50 itself, without having to ask the other 27 EU countries for permission. |
| It said that if it did, the UK could remain a member of the EU on the same terms including keeping its budget rebate. | It said that if it did, the UK could remain a member of the EU on the same terms including keeping its budget rebate. |
| But it did set some conditions. | But it did set some conditions. |
| The ruling said revocation should be "unequivocal and unconditional", suggesting that the UK could not simply revoke Article 50 in order to buy more time and then resubmit it at a later date. | The ruling said revocation should be "unequivocal and unconditional", suggesting that the UK could not simply revoke Article 50 in order to buy more time and then resubmit it at a later date. |
| Separate legal advice, from a top lawyer at the ECJ, said "appropriate legal instruments" could be used "if a Member State engaged in an abusive practice of using successive notifications and revocations in order to improve the terms of its withdrawal from the European Union". | Separate legal advice, from a top lawyer at the ECJ, said "appropriate legal instruments" could be used "if a Member State engaged in an abusive practice of using successive notifications and revocations in order to improve the terms of its withdrawal from the European Union". |
| Who decides? | Who decides? |
| Theresa May or Parliament? | Theresa May or Parliament? |
| On this, the ECJ did not give a definitive answer. The court ruled that: "Revocation must be decided following a democratic process in accordance with national constitutional requirements." | On this, the ECJ did not give a definitive answer. The court ruled that: "Revocation must be decided following a democratic process in accordance with national constitutional requirements." |
| The UK government can use the power known as the Royal Prerogative, which allows it to do certain things including deploying armed forces, granting honours and altering international treaties without consulting Parliament. | The UK government can use the power known as the Royal Prerogative, which allows it to do certain things including deploying armed forces, granting honours and altering international treaties without consulting Parliament. |
| So it is possible in theory, but unlikely, that Mrs May would be able to revoke Article 50 without giving MPs the chance to vote on it. | So it is possible in theory, but unlikely, that Mrs May would be able to revoke Article 50 without giving MPs the chance to vote on it. |
| She has no plans to do so though, saying: "I do not believe that we should be revoking Article 50." | She has no plans to do so though, saying: "I do not believe that we should be revoking Article 50." |
| There are also limits to the power of the Royal Prerogative, and those limits have been tested during the course of the Brexit process. | There are also limits to the power of the Royal Prerogative, and those limits have been tested during the course of the Brexit process. |
| Their use to activate Article 50 was challenged by Gina Miller at the beginning of 2017. | Their use to activate Article 50 was challenged by Gina Miller at the beginning of 2017. |
| The Supreme Court ruled in her case that the government could not trigger the EU exit process without bringing it before Parliament. | The Supreme Court ruled in her case that the government could not trigger the EU exit process without bringing it before Parliament. |
| Because an act of Parliament had been required to trigger Article 50, the ECJ advocate general said: "It is logical, in my view, that the revocation of that notification also requires parliamentary approval." | Because an act of Parliament had been required to trigger Article 50, the ECJ advocate general said: "It is logical, in my view, that the revocation of that notification also requires parliamentary approval." |
| This does not mean it is a completely settled matter though. The UK was the first country to invoke Article 50 and it has never been revoked, so we would be in uncharted territory. | |
| As independent research group The UK in a Changing Europe points out: "Neither the advocate general nor the ECJ has the power to rule on the UK's constitutional arrangements." | As independent research group The UK in a Changing Europe points out: "Neither the advocate general nor the ECJ has the power to rule on the UK's constitutional arrangements." |
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