This article is from the source 'bbc' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at https://www.bbc.co.uk/news/uk-politics-47668466

The article has changed 6 times. There is an RSS feed of changes available.

Version 4 Version 5
Article 50: Can the UK revoke Brexit? Article 50: Can the UK cancel Brexit?
(7 months later)
Prime Minister Theresa May has been granted another Brexit delay by European Union (EU) leaders with a new deadline date of 31 October. The Liberal Democrats have pledged to cancel Brexit without holding a further referendum if they win power at the next election. How would that work?
European Council President Donald Tusk said the UK should use the extra time to either pass the withdrawal agreement negotiated between the UK and the EU, rethink its strategy or "cancel Brexit altogether." Cancelling Brexit would involve revoking something called Article 50.
If the UK chose this last option, it would mean revoking something called Article 50. What is Article 50?
Article 50 Article 50 is the part of the agreement, known as the Lisbon Treaty, which sets out what happens when a country decides that it wants to leave the European Union (EU).
This 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 - although this period has now been extended twice.It was triggered by Theresa May on 29 March 2017, starting a two-year countdown to leaving - although this period has now been extended twice.
A petition calling for Article 50 to be revoked - effectively cancelling Brexit - has been signed by more than six million people. But Theresa May has said that it should not be revoked.
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.
This could be done by writing a letter to the European Council, made up of EU heads of state.This could be done by writing a letter to the European Council, made up of EU heads of state.
The ECJ said the UK would then remain a member of the EU on the same terms - as it has now - including keeping its budget rebate. The ECJ said the UK would then remain a member of the EU on the same terms - as it has now - including keeping its budget rebate (the discount applied to the UK's contributions to the EU budget).
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.
A senior lawyer at the ECJ said that "appropriate legal instruments" could be used if a member state tried to trigger and revoke Article 50 in order to secure a better withdrawal deal.A senior lawyer at the ECJ said that "appropriate legal instruments" could be used if a member state tried to trigger and revoke Article 50 in order to secure a better withdrawal deal.
Who decides?Who decides?
Theresa May or Parliament? The Prime Minister or Parliament?
On this, the ECJ did not give a definitive answer. The ECJ didn't give a definitive answer to this.
The court ruled that: "Revocation must be decided following a democratic process in accordance with national constitutional requirements."The court ruled that: "Revocation must be decided following a democratic process in accordance with national constitutional requirements."
The UK government has a 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 has a 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 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 that a prime minister would be able to revoke Article 50 without giving MPs the chance to vote on it.
But there are limits to that power, and those limits have been tested during the course of the Brexit process.But there are limits to that power, and those limits have been tested during the course of the Brexit process.
Their use to activate the two year Article 50 negotiating period was challenged by Gina Miller at the beginning of 2017. When Prime Minister Boris Johnson used the Royal Prerogative to prorogue Parliament for an extended period, the Supreme Court ruled this use of the power unlawful.
Its use to activate the two year Article 50 negotiating period was also 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 was required to trigger Article 50, it has been suggested revoking it would also need parliamentary approval.Because an act of Parliament was required to trigger Article 50, it has been suggested revoking it would also need parliamentary approval.
"The balance of opinion is that the safest and most secure legal route is to enact a very short piece of legislation to authorise the prime minister to revoke," according to Kenneth Armstrong, professor of European law at the University of Cambridge. The weight of legal opinion is that a law would have to be passed to allow the government to revoke Article 50, although some lawyers believe a letter from the prime minister would do.
Although some lawyers believe a letter from the prime minister would do. That's if a prime minister were to make the decision - but what if Parliament wanted to force their hand?
That's if Theresa May were to make the decision - but what if Parliament wanted to force her hand? They could potentially do this by taking control of Parliamentary business, as has happened on two occasions in the Brexit process - both times to compel the prime minister to seek an extension and stop a no-deal Brexit.
They could potentially do this by taking control of Parliamentary business, as happened last month enabling Labour MP Yvette Cooper to pass legislation compelling the Prime Minister to seek a Brexit extension. In the same way, if there were a majority to do so, MPs might be able to instruct a prime minister to revoke Article 50.
In the same way, if there were a majority to do so, MPs might be able to instruct the Prime Minister to revoke Article 50.
Read more from Reality CheckRead more from Reality Check
Send us your questionsSend us your questions
Follow us on TwitterFollow us on Twitter