David Allen Green@davidallengreen
Have now read this summary of the opinion and there is more than meets the eye.
The unilateral right is subject to conditions, in the AG's view.
First, there would need to be an Act of Parliament. This accords with the constitutional requirements aspect of A50(1)
Second, and this is crucial:
"The principles of good faith and sincere cooperation must also be observed, in order to prevent abuse of the procedure laid down in Article 50 TEU."
In other words, the UK must want to cancel Brexit, not just improve its negotiation position.
The UK cannot just re-start the clock.
If the revocation is not sincere then it is not valid.
This is, in effect, not an absolute right to revoke unilaterally.
If EU27 are not convinced that UK is acting in good faith, and this view is upheld by the ECJ, then the UK does not have the right to unilaterally revoke.
The ECJ may or may not follow this reasoning, but the AG's proposed conditions in practice are little different from mutual revocation.
But there is something else.
The AG deftly kicks away UK's procedural objection to this case.
UK said this was academic etc
^AG: "dispute is genuine, the question is not merely academic, nor premature or
superfluous, but has obvious practical importance and is essential in order to resolve the dispute"^
This push-back is emphatic, and AG hardly bothers to address UK's objection. Light work.
I suspect ECJ will follow this view, and that is what the UK was pinning its case on.
Again, however, this is an opinion not a ruling, despite what those who should know better say.
The ECJ decision is upcoming.
The AG's opinion is authoritative, but is not binding.
/ends.