Unilateral Revocability in Wightman: Fixing Article 50 with Constitutional Tools
European Constitutional Law Review (2019)
20 Pages Posted: 20 Jun 2019
Date Written: May 31, 2019
This paper critically analyses the Court of Justice's reasoning in the Wightman case. It focuses on three points: (i) admissibility of the case, (ii) the treaty and contract law analogies applied by the Court, and (iii) the constitutional reasoning. The paper agrees with constitutional argument and argues that the Court treated Brexit as a form of functional secession. Article 50 TEU textually reads like a typical treaty withdrawal mechanism and does not sufficiently take into account the complexity of the constitutionalized EU legal order. The Court has now fixed this textual deficiency of Article 50. The Court's reasoning on admissibility and the VCLT analogies are less persuasive, however.
Keywords: Article 50, Brexit, Wightman, unilateral revocability, Court of Justice
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