Article 50 ‘Brexit’ Appeal. R (on the application of Miller and Dos Santos) v Secretary of State for Exiting the European Union and associated references, 5-8 December 2016

Author (Corporate)
Publication Date 05/12/2016
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Further background information sources can be found in ESO:

+ Article 50 - Article 50 TEU: Withdrawal of a Member State from the EU

+ Northern Ireland Legal Challenges, October 2016 - Belfast court rejects two challenges to Brexit

+ Legal Challenge in UK High Court - Hearings, October 2016 - Court battle looms over Brexit legality

+ Legal Challenge in UK High Court - Judgment, 3 November 2016 - High Court ruling on Article 50: Statement

+ UK Government response to judgment and lodging of appeal - Oral statement to Parliament. Process for invoking Article 50: Ministerial statement 7 November 2016. See also the links within the Record to the Grounds of Appeal to the Supreme Court of the Secretary of State for Exiting the European Union

+ Role of the Devolved Administrations - Scottish Government will intervene in Article 50 legal case

+ Role of the ECJ? - Brexit and the EU CourtIn an important judgment given on 3 November 2016 the High Court in London ruled that only Parliament had the authority to trigger Article 50 of the European Union treaty, the legal route for Britain to leave the EU. This meant that the UK government could not trigger Article 50 without involving parliament.

The judges highlighted that the judgment was not a political issue. It was purely constitutional.

In response to the judgment, a UK government spokesperson said: 'The government is disappointed by the Court’s judgment. The country voted to leave the European Union in a referendum approved by Act of Parliament. And the government is determined to respect the result of the referendum. We will appeal this judgment'.

The appeal was to be heard at the UK's highest court, the Supreme Court, from 5-8 December 2016, with a ruling expected on the 24 January 2017. Note, that in addition to the appeal concerning the case brought in the UK High Court in November 2016, the Supreme Court was also considering two references on specific legal questions from the Northern Ireland Court of Appeal.

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Related Link(s)
ESO: In Focus: Brexit - The United Kingdom and the European Union
Deutsche Welle, 04.12.16: Tensions run high over Brexit court hearing
BBC News, 04.12.16: What is the Article 50 case all about?
EurActiv, 05.12.16: May’s Brexit plans face British Supreme Court test
The Guardian, 05.12.16: Senior judges prepare to hear Brexit supreme court appeal
Blog: UCL: TheConstitution Unit, 05.12.16: Brexit in the Supreme Court, and after: your questions answered
The Conversation, 05.12.16: Brexit in the Supreme Court – here’s what it all means
The Guardian, 08.12.16: Lawyer urges supreme court to throw out Brexit case after article 50 vote
Blog: UK in a Changing Europe, 14.12.16: Constitutional over-reach
Full Fact: Law: Brexit in law: Ask Full Fact: Brexit in court
Politico, 22.12.16: Why taking the UK government to court was necessary and democratic (by Gina Miller and Ivo Ilic Gabara)
Blog: LSE Brexit, 20.01.17: The Article 50 case explained in sticky notes
The Conversation, 20.01.17: What is at stake in the Supreme Court’s Brexit ruling

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