GINA BRIGNOLA – To leave the European Union, a nation must execute Article 50 of the Lisbon Treaty.[1] After much debate as whether the Prime Minister, now Theresa May, or Parliament can begin the exit process, the High Court of the United Kingdom ruled on November 3, 2016 that Parliament must give its approval before the Brexit process can begin.[2] The decision meant that Prime Minister Theresa May would have to provide a detailed exit plan to the Members of Parliament, who would then have the opportunity to vote on the proposed procedure.[3] Although Parliament is unlikely to vote against the Brexit referendum decision, going through the voting procedure is likely to slow the exit process significantly, threatening the Prime Minister’s original goal date of March 31, 2017.[4]
The government appealed the High Court’s decision and the Supreme Court heard the case on December 5, 6, 7, and 8, 2016.[5] On January 24, 2017, a decision was released.[6] For the first time in the Supreme Court’s history, all eleven of the Supreme Court’s Justices, including those from Northern Ireland and Scotland, presided over the case[7], likely due to the importance of the issue. By a majority of eight to three, the Supreme Court decided against the government and ruled that UK law requires Parliament’s authorization before the government may execute Article 50 of the Lisbon Treaty.[8]
The Supreme Court’s decision was based primarily on the principal that leaving the EU implicates rights of individuals, and therefore, Parliament must be involved in the process. On January 1, 1973, the United Kingdom became a member of the European Economic Community (EEC).[9] As part of the EEC, EU law provides certain constitutional rights for citizens of the United Kingdom.[10] As such, exiting the European Union will rescind those rights afforded to citizens; removal of constitutional rights raises notice requirements.[11] The Court reasoned that because changes that remove constitutional rights can be made only by Parliament, the government must receive their approval before the Brexit process can begin.
Despite this added procedural process, the British government is confident that Teresa May will gain Parliamentary approval and begin talks with the EU by the March 31st deadline. After the ruling was announced, Brexit secretary David Davis promised to deliver a bill “within days.”[12] This bill, which aims to deliver a straightforward plan for executing Article 50, is expected to be released on Thursday, February 16, and is likely to pass through the House of Commons in the coming weeks.[13] Though their approval is required as a matter of procedure, Members of Parliament are expected to uphold the decision made by the British people last June.
___________________________________________________________________________________________________
[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] 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
[3] Id.
[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] https://www.supremecourt.uk/cases/docs/uksc-2016-0196-judgment.pdf
[6] Id.
[7] The 11 Supreme Court Justices Who Ruled on UK Brexit Appeal, BBC News, Jan. 24, 2017, http://www.bbc.com/news/uk-politics-37874388
[8] Brexit: Supreme Court Says Parliament Must Give Article 50 Go-Ahead, BBC News, Jan. 24, 2017, http://www.bbc.com/news/uk-politics-38720320.
[9] https://www.supremecourt.uk/cases/docs/uksc-2016-0196-judgment.pdf at 1.
[10] Id.
[11]Brexit: Supreme Court Says Parliament Must Give Article 50 Go-Ahead, BBC News, Jan. 24, 2017, http://www.bbc.com/news/uk-politics-38720320.
[12] Id.
[13] Id.
