Parliament must rule on article 50
The British government may not trigger article 50 of the Lisbon Treaty – the formal start of proceedings to leave the EU – without an act of parliament, the Supreme Court has ruled.
Announcing the decision this morning, which was passed eight to three, court president Lord Neuberger said the 2015 act which called for a referendum on EU membership “did not say what should happen as a result of it”.
It was therefore essential that a decision to leave the EU pass through the UK’s proper constitutional channels by an act of parliament authorising it, the senior judge said.
This is in line with article 50 itself, which says that triggering a country’s EU exit should be done according to the constitutional requirements of the country.
The UK government had attempted to appeal against a High Court ruling last year, which had also said an act was required, arguing that it may use ‘royal prerogative powers’ because EU membership concerns international treaties, not domestic law.
However the Supreme Court disagreed because leaving the EU would take away an important source of UK law and would also remove rights from UK citizens.
The judges dissenting had thought an act was not needed, because they said effects of EU law in the UK were conditional on the EU treaties continuing to apply to the UK.
The court was also asked to rule about whether the devolved UK authorities in Scotland, Northern Ireland and Wales must be consulted but it said this was not required.
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Decisions about the UK’s relationship with the EU was a matter for the national parliament in Westminster, the judges said.
The case which reached its conclusion today was brought by several different parties, with British investment manager Gina Miller as ‘lead claimant’.
Speaking outside the court today she said: "“Only parliament can grant rights to the British people and only parliament can take them away... This ruling means MPs we have elected will rightfully have the opportunity to bring their invaluable experience and expertise to bear in helping the government select the best course in the forthcoming Brexit negotiations, which will frame our place in the world and all our destinies to come."
