Tuesday

6th Jun 2023

UK releases legal arguments on Article 50

  • May and her government argues that there is no further need for parliamentary authorisation for Brexit (Photo: 10 Downing Street)

The British government was forced by a judge to release its legal arguments for refusing to let the parliament decide when and how the UK should trigger the article 50 procedure to withdraw from the EU.

The legal arguments released on Wednesday (29 September) argue that it is “constitutionally impermissible” for parliament to be given the authority to launch the exit procedure.

Read and decide

Join EUobserver today

Become an expert on Europe

Get instant access to all articles — and 20 years of archives. 14-day free trial.

... or subscribe as a group

In a court challenge by a group of UK citizens, the British government argued it is the prime minister's prerogative to trigger the exit process, as the parliamentary act establishing the 23 June referendum did not foresee any further action for the parliament after the vote.

"It was clearly understood that the government would give effect to the result of the referendum for which the 2015 Act provided, and that was the basis on which the electorate vote in the referendum," the legal defence says.

"The 2015 Act did not prescribe steps which the government was required tot make in the event of a leave vote," it added.

"It [the government] cannot be prevented from doing so [launching article 50] by the absence of primary legislation authorising that step," the government argues.

It also adds that “treaty-making and withdrawal from treaties is not generally subject to Parliamentary control”.

“The appropriate point at which the UK should begin the procedure required by Article 50 to give effect to [the notification] is a matter of high, if not the highest policy,” the government’s lawyers argue in the document.

A two-year negotiating period will start once the UK triggers the exit procedure, which prime minister Theresa May is expected to launch early next year.

The EU has so far refused any preliminary negotiations until article 50 is officially triggered.

Challenge

The release of the documents came after the crowd-funded People’s Challenge initiative questioned Theresa May’s authority to trigger Brexit in court without parliamentary authorisation, and last week called for the government's legal defence to be made public.

The judge, Justice Cranston, who ordered the release on Tuesday, said: “Against the background of the principle of open justice, it is difficult to see a justification for restricting publication of documents which are generally available under the rules.”

In its legal defence however, the government says the parliament will have "the role in ensuring that the Government achieves the best outcome for the UK through negotiations".

But the government's legal defence also makes it clear that the local legislations in other parts of the UK will not be able to override the triggering of the exit procedure.

They dismiss the idea that Scotland, Northern Ireland and Wales will have a say in the divorce procedure.

The government's layers argue that “devolved legislatures” have no competencies over foreign relations issues, including relations with the EU and its institutions.

British prime minister Theresa May earlier assured Scotland and Northern Ireland, where the Remain camp won the Brexit vote, that she would not trigger Article 50 until there is a UK “approach and objectives”.

'Constitutional vandalism'

The People’s Challenge to the Government on Article 50, a crowd-funded initiative that argues for that it is up to the parliament to trigger the exit procedure, was set up by Grahame Pigney.

On the campaign’s website he argues that his goal is not to ignore the Leave voters who opted for Brexit, but to “ensure that parliamentary Sovereignty is maintained and is respected by the Government”, and that the "rights of 65 million UK citizens are protected”.

The campaign calls the government’s actions “constitutional vandalism”.

"By using the Royal Prerogative to trigger Article 50 of the Treaty of Lisbon this Government will be sweeping away rights at a stroke of a pen without the proper scrutiny of and a final decision being made by our Sovereign Parliament,” they argue.

A hearing for a test case will start on 13 October.

Tusk warns UK on harsh realities of Brexit

EU Council chief Donald Tusk told London there will be no winners from Brexit, and no compromise on freedom of movement, yet held out an olive branch for the future.

British MPs battling for a say on Brexit

Conservative and Labour MPs want to be able to vote on the government's negotiating position with the EU, with some even considering joining a legal challenge.

Brexit Briefing

Post-Brexit party games

The British party conference season has started, with Labour re-electing its leader but staying ambivalent on EU relations.

May: Brexit is 'quiet revolution'

The British prime minister concluded the Tory party conference in the UK by pledging to regain control of immigration and by taking a swipe at pro-EU elites.

Opinion

How the EU's money for waste went to waste in Lebanon

The EU led support for the waste management crisis in Lebanon, spending around €89m between 2004-2017, with at least €30m spent on 16 solid-waste management facilities. However, it failed to deliver.

Latest News

  1. Final steps for EU's due diligence on supply chains law
  2. Top EU court rules Poland's court reforms 'infringe law'
  3. Sweden's far-right is most anti-Green Deal party in EU
  4. Strengthening recovery, resilience and democracy in regions, cities and villages
  5. Why Hungary cannot be permitted to hold EU presidency
  6. Subcontracting rules allow firms to bypass EU labour rights
  7. Asylum and SLAPP positions in focus This WEEK
  8. Spanish PM to delay EU presidency speech due to snap election

Stakeholders' Highlights

  1. International Sustainable Finance CentreJoin CEE Sustainable Finance Summit, 15 – 19 May 2023, high-level event for finance & business
  2. ICLEISeven actionable measures to make food procurement in Europe more sustainable
  3. World BankWorld Bank Report Highlights Role of Human Development for a Successful Green Transition in Europe
  4. Nordic Council of MinistersNordic summit to step up the fight against food loss and waste
  5. Nordic Council of MinistersThink-tank: Strengthen co-operation around tech giants’ influence in the Nordics
  6. EFBWWEFBWW calls for the EC to stop exploitation in subcontracting chains

Stakeholders' Highlights

  1. InformaConnecting Expert Industry-Leaders, Top Suppliers, and Inquiring Buyers all in one space - visit Battery Show Europe.
  2. EFBWWEFBWW and FIEC do not agree to any exemptions to mandatory prior notifications in construction
  3. Nordic Council of MinistersNordic and Baltic ways to prevent gender-based violence
  4. Nordic Council of MinistersCSW67: Economic gender equality now! Nordic ways to close the pension gap
  5. Nordic Council of MinistersCSW67: Pushing back the push-back - Nordic solutions to online gender-based violence
  6. Nordic Council of MinistersCSW67: The Nordics are ready to push for gender equality

Join EUobserver

Support quality EU news

Join us