'Sovereign choices'. Some critical remarks on the Wightman judgment of the court of justice. (23rd September 2019)

• Record Type: Journal Article
• Authors: Martinico, Giuseppe
• Is Part Of: International journal of human rights and constitutional studies. Volume 6:Number 4(2019)
• Page Start: 345
• Page End: 357
• Publication Date: 2019-09-23
• Subjects: Wightman -- Brexit -- complexity -- European Union -- European Court of Justice -- Miller; Human rights -- Periodicals; Constitutional law -- Periodicals; 342.005
• Languages: English
• ISSNs: 2050-103X

Abstract

On 10 December 2018, the CJEU delivered the Wightman judgment where, among other things, it recognised the revocability of the notification ex Art. 50 TEU, confirming, in this way, more or less what Advocate General Campos Sánchez-Bordona had suggested in his opinion. This piece is divided into two parts. In the first part of the article, I shall comment upon the idea of legal integration presented by the CJEU in this judgment and in so doing I shall represent the EU as a complex legal system. In the second part of the article, I shall offer a critical view of the legal reasoning of the Court.