GINA BRIGNOLA – On June 23, 2016, the United Kingdom held a referendum in which nearly 52% of voters decided to leave the European Union.[1] Since then, the UK has gained a new Prime Minister, Theresa May, who has pledged to uphold the will of the people and lead the UK in leaving the EU, a process that begins with the triggering of Article 50 of the Lisbon Treaty.[2] A debate sparked, however, as to who exactly has the authority to execute the provision—Ms. May herself or Parliament? On November 3, the High Court answered in favor of the petitioners, ruling that Parliament must give its approval before the process can begin.[3]
Leaving the EU begins with exercising Article 50 of the Lisbon Treaty, which sets a two-year negotiation period for the European Union and Britain to agree to the terms of the split.[4] Ms. May intended to begin the process in March 2017 without weighing in on Parliament—a right she claims to possess as Prime Minister.[5] The Plaintiffs, which include an investment manager and a London-based hairdresser, brought forth a constitutional argument about “the powers vested in the government, the crown and Parliament.”[6] Specifically, the plaintiffs argued that leaving the EU will implicate certain rights afforded to citizens by Parliament, and thus the lawmakers must vote on Article 50 before it is triggered.[7]
The High Court agreed with the Plaintiffs, lord chief justice John Thomas noting that “The most fundamental rule of the U.K. Constitution is that Parliament is sovereign and can make or unmake any law it chooses.”[8] Theresa May will now be forced to work with Parliament and give it a detailed plan for leaving the EU.[9] This may cause a significant delay in the Article 50 procedures, threatening Ms. May’s March 2017 start date.[10]
The government, however, stated that it intended to appeal just after the High Court’s decision was released, hoping to stay on track for March.[11] Due to the importance of the case, the Supreme Court has accelerated the process and has decided to hear the appeal on December 5, 2016.[12] The government will likely again argue that the power to trigger Article 50 without Parliamentary approval is within its prerogative because the Article in itself does not result in an immediate change in UK citizens’ EU rights.[13]
There is, however, one thing that is unlikely to change regardless of the decision on December 5: Britain actually leaving the European Union. The current court battle is one of procedure rather than substance, and even if Parliament must weigh in on the process, it is highly unlikely that they will not give their approval in light of the majority of the people voting to leave in June.[14] Ultimately, the world will have to wait and see what the process as well as the relationship between the UK and the EU will look like post-Brexit, as this is the first time in the history of the European Union that a nation has chosen to leave.
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[1] Alex Hunt, Brexit: All You Need to Know About the UK Leaving the EU, BBC News, Nov. 10, 2016, http://www.bbc.com/news/uk-politics-32810887.
[2] Id.
[3] Stephen Castle, ‘Brexit´ Will Require a Vote in Parliament, U.K. Court Rules, The New York Times, Nov. 3, 2016, http://www.nytimes.com/2016/11/04/world/europe/uk-brexit-vote-parliament.html?_r=0.
[4] Alex Hunt, Brexit: All You Need to Know About the UK Leaving the EU, BBC News, Nov. 10, 2016, http://www.bbc.com/news/uk-politics-32810887.
[5] Id.
[6] Stephen Castle, ‘Brexit´ Will Require a Vote in Parliament, U.K. Court Rules, The New York Times, Nov. 3, 2016, http://www.nytimes.com/2016/11/04/world/europe/uk-brexit-vote-parliament.html?_r=0.
[7] Id.
[8] Id.
[9] Id.
[10] Alex Hunt, Brexit: All You Need to Know About the UK Leaving the EU, BBC News, Nov. 10, 2016, http://www.bbc.com/news/uk-politics-32810887.
[11] BBC, Brexit Court Ruling Appeal Date Set for 5 December, BBC News, Nov. 8, 2016, http://www.bbc.com/news/uk-politics-37913911.
[12] Id.
[13] BBC, Brexit Court Ruling: Your Questions Answered, BBC News, Nov. 4, 2016, http://www.bbc.com/news/uk-politics-37864983.
[14] Id.
