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The reference to the ECJ was by the Court of Sessions in an action brought by various MSPs, MPs and MEPs. While I am not familiar with the process, it doesn't seem at all wrong that a court should agree to consider and opine on a matter referred to it, particularly when it is the only court with the authority to do so (as the Court of Sessions noted). The motives of the MSPs, MPs and MEPs may be politically influenced, but I doubt the Court of Sessions itself is, nor the ECJ. That's not their job.

Assuming the decision to be as flagged and predicted, it has potentially interesting UK political consequences. There has been much talk of a further referendum, or withdrawal of an Art 50 notice, but very little talk as to whether this was actually possible. I have pointed out in other posts that unless withdrawal of an Art.50 notice was possible, an attempt to 'stay' in the EU would likely mean 'staying' on different terms from those currently enjoyed; specifically, future 'continued' membership might well mean adopting the Euro, for example. This decision therefore removes that consideration. This makes the UK political arguments around the stay/leave/withdrawal issue rather more pointed than hitherto. Potentially it enables the UK government to take a deep breath and revoke the Art 50 notice, and serve a further notice, having in the last few months worked out what 'withdraw' actually entails, and thus be better prepared for the eventualities in (another) two years' time, including 'no deal.' Also, if some reports are to be believed, within two years some technical or other solution to the Eire/NI border issue may have been developed; the current lack (and the Government's failure to spot the issue earlier) being one of the main causes of the current fudge.

I'm not advocating that the Government should do this, just noting that the possibility adds yet more spice to the current rather bad-tempered political debate. I'm going to get some more popcorn...

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