National Sovereignty is Alive and Well in the European Union: The Wightman Ruling of the Court of Justice of the European Union

Abstract

On 10 December 2018, the Court of Justice of the European Union considered in the Wightman case whether an EU Member State which has notified the European Council of its intention to leave the EU, by virtue of art.50 of the Treaty on European Union, may change its mind and revoke the article 50 notice. The CJEU said that the Member State may revoke the notice but set out the parameters of such revocation. The Court also emphasized that Member States retain sovereignty and may not be forced to remain in the EU or forced to leave the EU by virtue of the article 50 process. The ruling is important because it emphasized the sovereignty of EU Member States.

Keywords: European Union, Brexit, Sovereignty, Treaty, Withdrawal from an International Organisation, European Court of Justice, Article 50 of the Treaty on European Union

JEL Classification: K33, K0