The (Ir)revocability of Article 50 TEU (C-621/18 Wightman): Iphigenia Must Reach the Altar

Abstract

In anticipation to the CJEU's ruling in 'C-621/18 Wightman and others' about the revocability of the notification of Article 50 TEU this papers presents the reasons why the proposed interpretation by Advocate General Campos Sánchez-Bordona could lead to the 'casualisation' of Article 50 against the telos of this provision.

The paper argues that the CJEU's will follow a formula that does not preclude the revocation of the notification but which at the same time minimises the risk of turning Article 50 into a political/negotiating arrow in the quiver of the departing MS.

Keywords: Article 50, Brexit, Wightman, Revocability of notification to withdraw, withdrawal from the EU, Referendum, Court of Justice of the EU