JUDGES at Scotland's highest civil court have rubber-stamped a European Court of Justice (ECJ) decision allowing the UK to unilaterally revoke its withdrawal from the EU.
The Luxembourg court ruled last week that the UK can go back on its decision to trigger Article 50, which started the Brexit process, without the agreement of the other 27 EU member states.
The ECJ found that if this does happen it must be decided following "democratic process", and would mean the UK remains in the EU as a member state.
It referred the case back to the Court of Session in Edinburgh where a hearing before three judges took place today, in which it approved the decision.
Scotland's most senior judge Lord Carloway, the Lord President, said: "This court will grant a declarator which mirrors the decision of the Court of Justice of the European Union."
READ MORE: Why Scotland’s Super Six have given us a new exit strategy
The case was brought by a cross-party group of Scottish politicians, Labour MEPs Catherine Stihler and David Martin, SNP MP Joanna Cherry and MEP Alyn Smith, and Green MSPs Andy Wightman and Ross Greer, together with lawyer Jolyon Maugham QC, director of the Good Law Project.
It was originally heard in the Court of Session and two attempts by the UK Government to appeal against the referral to the European court were rejected.
The UK Government argued the case was a "hypothetical validity challenge", but the ECJ disagreed.
In a statement following its ruling on December 10, the ECJ said: "The full court has ruled that, when a member state has notified the European Council of its intention to withdraw from the European Union, as the UK has done, that member state is free to revoke unilaterally that notification.
READ MORE: The story of how six Scottish politicians took on the UK and the EU
"That possibility exists for as long as a withdrawal agreement concluded between the EU and that member state has not entered into force or, if no such agreement has been concluded, for as long as the two-year period from the date of the notification of the intention to withdraw from the EU, and any possible extension, has not expired."
It added: "The revocation must be decided following a democratic process in accordance with national constitutional requirements. This unequivocal and unconditional decision must be communicated in writing to the European Council."
The UK Government has stressed it has no plans to revoke Article 50.
Environment Secretary Michael Gove previously said the European court ruling does not change the UK's intention to leave the EU on March 29.
Those behind the case said the UK is now free to change its mind on Brexit if it chooses and the ruling enables the UK Parliament to back a People's Vote knowing a remain outcome could be acted upon.
Lawyers representing the Council of the European Union and from the European Commission had argued at a hearing at the ECJ in November that revocation is possible but would require unanimous agreement from all member states.
Why are you making commenting on The National only available to subscribers?
We know there are thousands of National readers who want to debate, argue and go back and forth in the comments section of our stories. We’ve got the most informed readers in Scotland, asking each other the big questions about the future of our country.
Unfortunately, though, these important debates are being spoiled by a vocal minority of trolls who aren’t really interested in the issues, try to derail the conversations, register under fake names, and post vile abuse.
So that’s why we’ve decided to make the ability to comment only available to our paying subscribers. That way, all the trolls who post abuse on our website will have to pay if they want to join the debate – and risk a permanent ban from the account that they subscribe with.
The conversation will go back to what it should be about – people who care passionately about the issues, but disagree constructively on what we should do about them. Let’s get that debate started!
Callum Baird, Editor of The National
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules here