Qué iluso, yo todo el rato pensando que al haber accionado el artículo 50 ya el Brexit es irreversible y esta era la última extensión posible...
Article 50 extension
Article 50 of the Lisbon Treaty is the legal process for leaving the EU. It establishes a two-year negotiation period, after which the departing member state is no longer subject to the EU’s treaties.
The UK
triggered Article 50 on 29 March 2017, which means the UK was due to leave the EU at 11:00pm on 29 March 2019.
Since then, the UK has asked for two extensions from the EU.
On 21 March 2019, the UK and the EU agreed to extend Article 50 until either 22 May, subject to MPs approving the Withdrawal Agreement, or failing that until 12 April.
After MPs rejected the deal for the third time, Theresa May wrote to President of the European Council Donald Tusk requesting an extension until 30 June 2019. The EU27 agreed two options – an extension until 1 June if the UK didn’t hold European Parliament elections – or an extension to 31 October if it did.
As the UK held European Parliament elections,
the current Article 50 deadline is 31 October 2019.
Who decides to extend Article 50?
Article 50 allows for either side to request an extension, but it was the UK that, on 20 March, made the first formal request for an extension.
The extension required the unanimous agreement in the European Council, the grouping of all EU heads of state and government.
What is Parliament’s role in the process of extending Article 50?
Ahead of the first extension, the House of Commons approved a government motion on 14 March which said that the government would ask for an extension from the EU.
But since then, Parliament has asserted a greater role in the extension process. The EU Withdrawal Act 2019, introduced by backbench MPs Yvette Cooper and Oliver Letwin on 8 April, required the government to seek MPs’ approval of the second extension request – which it received on 9 April. Although the bill was amended in the Commons to ensure that the prime minister was free to
agree any extension with the EU provided it went beyond 22 May.
In September, backbenchers took steps again to legislate on an Article 50 extension. The EU Withdrawal (No.2) Act – the so-called
Benn Act – states that if MPs haven’t approved a deal agreed with the EU, or leaving without a deal, by 19 October, the prime minister must send a letter to the EU seeking an extension until 31 January 2020. If the EU27 agree, the prime minister must also agree. If the EU27 suggest an alternative date, the prime minister must agree to that – unless MPs vote to reject it.
The government also needs to amend the exit date in UK law, which it can do under the EU Withdrawal Act 2018. The EU Withdrawal Act 2019 means that the UK Government does not need approval votes in parliament to make the legal change (or any future legal change) – a measure included to help speed up the extension process.
How long did the EU agree to extend Article 50 – and why?
The EU27 have agreed two options for extending Article 50 at the special Brexit summit in April:
- Option 1: A delay to Brexit until 31 October (at the latest) – but only on the condition that the UK participates in European Parliament elections in May and does not undermine the smooth running of the EU and its institutions.
- Option 2: If the UK fails to hold European Parliament elections, the UK will need to leave the EU on 1 June.
The rationale for the two dates proposed by the EU is designed to ensure that if the UK does leave the EU with no deal, this would not interfere with the European Parliament election cycle.
An extension until October also ensures that the UK leaves the EU before the new EU Commission begins its work in the autumn.
Option 1: 31 May 2019
An extension until 31 May would avoid the need for the UK to hold European Parliament elections which are scheduled for 23–26 May. The UK would then have a choice between passing the Withdrawal Agreement or leave with no deal on 1 June.
Legally speaking, a cut-off date of 31 May is possible from the EU side. Although the European Parliament will no longer be sitting past April, it could still be recalled for ratification at any time until
new MEPs take up their seats on 2 July. Politically however, the EU27 may not agree to ratifying the Withdrawal Agreement without a UK guarantee that both the Withdrawal Agreement and the Withdrawal Agreement Bill will get through the UK Parliament.
Option 2: 31 October 2019
The EU27 agreed to delay to Brexit until 31 October (at the latest) – but with conditions:
- The UK must participate in European Parliament elections in May. The prime minister also recognised this.
- The UK must respect the principle of “sincere cooperation”. This means the UK cannot obstruct or undermine EU institutions or discussions in other areas.
- There would be no renegotiation of the Withdrawal Agreement.
The EU27 also made clear that they would be open to changes to the Political Declaration if the UK changes its own red lines, for example, by seeking a closer arrangement with the EU Single Market and Customs Union.
If the UK and EU ratify the Withdrawal Agreement before 31 October, then the UK would leave the EU on the first day of the ***owing month. The UK could also decide to leave the EU without a deal.
It is unclear whether another extension after October might be possible.
Could the UK buy more time by revoking Article 50?
On 10 April, the EU27 recognised that the UK would have the
right to revoke Article 50 during the extension.
A number of senior politicians in the UK such as former Prime Minister
John Major and Conservative MP
Ken Clarke have suggested that the UK could buy more time by unilaterally revoking Article 50 – this might also be a way of avoiding demands from member states reluctant to grant an extension.
Until December 2017, it was not clear whether the UK could end the Article 50 process. However,
the European Court of Justice (ECJ) has ruled that a member state could decide to revoke the Article 50 notification unilaterally.
However, the judgment made clear that
the decision to remain in the EU should be “unequivocal and unconditional” – which would be undermined if the UK were to revoke and then immediately retrigger Article 50. But it is hard to see how the ECJ could take action against a much more ambiguous revocation.