|Author (Corporate)||United Kingdom: House of Commons: Library|
|Series Title||Briefing Paper|
|Series Details||No.7763 (14.11.16)|
|Content Type||Journal | Series | Blog|
The (UK) High Court has appealed to the Supreme Court for a decision on whether the Government can start the Brexit process by triggering Article 50 TEU using Prerogative powers. Some press reports said the Court of Justice of the EU (CJEU) would have the last word on this. But can the CJEU rule on matters of UK constitutional Law?
Many experts believe that the question central to the case, but not ruled on by the High Court, was whether Article 50 can be withdrawn. If it can be revoked, then the argument that Article 50 notice leads inevitably to a loss of rights under the European Communities Act 1972 might not hold. This paper looks at the questions of revocability and referral to the EU Court.
|Countries / Regions||United Kingdom|