Brexit: Parliament’s role in approving and implementing agreements with the European Union

There was no domestic legal or constitutional requirement for a vote to be held in the United Kingdom Parliament to approve the Withdrawal Agreement before it was concluded by the UK and the EU under Article 50 of the Treaty on the European Union (TEU).

The Government could negotiate and sign an international treaty using its prerogative powers and without any formal parliamentary involvement.

Article 50 TEU required the consent of the European Parliament for the Withdrawal Agreement to be approved.

• Primary Source

Institute for Government, 2018: Voting on Brexit. Parliament’s consideration of the withdrawal deal and future framework http://www.europeansources.info/record/voting-on-brexit-parliaments-consideration-of-the-withdrawal-deal-and-future-framework/

ESO: In Focus: Brexit - The United Kingdom and the European Union http://www.europeansources.info/record/brexit-the-united-kingdom-and-the-european-union/

European Parliament: European Parliamentary Research Service: Briefing, January 2018: Jurisdiction upon and after the UK’s withdrawal: The perspective from the UK Constitutional Order http://www.europeansources.info/record/jurisdiction-upon-and-after-the-uks-withdrawal-the-perspective-from-the-uk-constitutional-order/

Centre for European Reform: Policy Brief, February 2017: Parliamentarians in Brexit talks: bulls in a china shop? http://www.europeansources.info/record/parliamentarians-in-brexit-talks-bulls-in-a-china-shop/

ESO: Key Source: European Union (Withdrawal) Bill 2017-19 http://www.europeansources.info/record/european-union-withdrawal-bill-2017-19-european-union-withdrawal-act-2018/

Centre for European Reform: Insight, May 2018: Theresa May's meaningless meaningful vote? http://www.europeansources.info/record/theresa-mays-meaningless-meaningful-vote/

LSE Brexit 19.04.18: The powers of the Lords in Brexit are substantial but unlikely to be used to full effect (et al) http://www.europeansources.info/record/the-powers-of-the-lords-in-brexit-are-substantial-but-unlikely-to-be-used-to-full-effect/

Institute for Government: Explainers, 2018: Parliament and the Brexit deal https://www.instituteforgovernment.org.uk/explainers/parliament-and-brexit-deal

UCL: The Constitution Unit: Blog, 01.05.18: Voting for Brexit: the practical and constitutional barriers to getting consent for the withdrawal agreement before exit day https://constitution-unit.com/2018/05/01/voting-for-brexit-the-practical-and-constitutional-barriers-to-getting-consent-for-the-withdrawal-agreement-before-exit-day/

UK: Parliament: House of Lords: Committees: News, 17.04.18: Government Ministers questioned on Parliament’s role in relation to Brexit https://www.parliament.uk/business/committees/committees-a-z/lords-select/constitution-committee/news-parliament-2017/government-ministers-questioned-on-brexit/

Institute for Government: Blog, 25.06.18: A low-key year in Parliament, but it's not all Brexit's fault https://www.instituteforgovernment.org.uk/blog/low-key-year-in-parliament-but-not-all-down-to-brexit

United Kingdom: House of Commons: Library: Briefing Paper No.8424 (25.10.18): A User's Guide to the Meaningful Vote http://researchbriefings.files.parliament.uk/documents/CBP-8424/CBP-8424.pdf

UK: Parliament: House of Lords: Committees: EU Select Committee: News, 24.10.18: Brexit secretary refuses to give evidence to Parliament https://www.parliament.uk/business/committees/committees-a-z/lords-select/eu-select-committee-/news-parliament-2017/dominic-raab-letter-scrutiny/

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