This paper aims to analyze the question regarding the possibility of a Member State (MS) of the European Union (EU) revoking its withdrawal notification. The problem is relevant considering the decision handed down by the Court of Justice of the European Union (CJEU) in Case C- 621/18 Wightman and Others v. Secretary of State for Exiting the European Union. Article 50 TEU does not resolve the issue and the solution to this legal gap divides the doctrine. On the one hand, there are authors who deny this possibility. On the other hand, there are authors who admit such a possibility and resort to constitutional law, international law and European law. The CJEU ruled that a MS can withdraw an exit notification without any restrictions. However, such an understanding silences the EU. In our opinion, the EU should be heard if a MS wishing to withdraw its notification of withdrawal exercises this option during the extension of the transitional period.
We look forward to welcoming you on July 3-5, 2023 for our Annual Conference entitled "Islands and Ocean: Public Law in a Plural World." The conference will take place at the Victoria University of Wellington, in New Zealand. We will be announcing more details about the conference soon, including financial support to early career and global south scholars!