L’incidenza sulla Brexit della sentenza della Corte di giustizia UE del 10 dicembre 2018

Abstract

The article highlights the main reasons for the uncertainty of future scenarios for UK-EU relations following the ruling by the EU Court of Justice of 10 December 2018. Based on an evolutionary interpretation of article 50 of the EU Treaty, the Court of Justice gave a positive ruling on the possibility for the United Kingdom to unilaterally revoke its declaration of withdrawal from the EU. This possibility was not considered during the negotiations as it is not foreseen by the EU Treaties and could call into question the partial achievements reached so far through the Draft Agreement and the Draft Political Declaration setting out the Framework for the Future Relationship between the EU and the UK. The judgement has the potential to drastically interrupt the process of separation from the EU which is now three months from its expected conclusion.