23 November 2016

Independent: Europe's highest court likely to end up ruling on Brexit

Koen Lenaerts, Europe’s most senior judge, said there are “many, many ways” Britain’s departure from the EU could end up before the EU’s highest court.

“I can’t even start, intellectually, imagining how and where and from which angle it might come,” Mr Lenaerts told the Financial Times.

The intervention comes amid suggestions that the ECJ - hated by Conservative Brexit supporters – could be asked to rule on whether the Article 50 notice can be halted.

Nicola Sturgeon, the SNP’s first minister, has been urged to “explode the cosy consensus" that the two-year process cannot be stopped once it has been started, by seeking a reference from the ECJ. [...]

Steve Peers, a professor of EU law at Essex University, wrote: “It’s probably only a matter of time before some aspect of the Brexit issue gets decided by the EU courts - and there’s no small irony in that prospect.”

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