Tuesday, 29 October 2019
To Brexit or not to Brexit…?
Law in Action
European Union Referendum Act 2015:
- S.1(4): q - “Should the UK remain a member of the EU of leave the EU”
- S.1 (5) q - “Remain a member of EU”
- “Leave the EU”
Article 50:
- Member states can withdraw from unpin due to own constitutional requirements. Member
withdrawing must notify E council. Treaties cease to apply to State in question from date of entry
to withdrawal (unless decided to be extended)
Domestic response to Article 50:
- R (Miller & another) v. Secretary of state for existing the EU [2017]
- Normally treaty making prerogative powers didn’t apply to triggering A50.
- AofP required to authorise (due to special status of E Communities Act 1972
- EU (noti cation of Withdrawal) Act 2017
- s1: ‘Power to notify withdrawal from the EU’
- (1) PM may notify (under A50(2) of treaty of EU, the UK’s intention to withdraw from EU
- (2) This section has e ect despite any provision made by/under European Communities
Act 1972 (or any other enactment)
- Formal noti cation of withdrawal: 29th March 2017
- Inability to get May’s Withdrawal Agreement through the HofC
How we got here:
- 22nd March 2019: (two possibilities)
- a) 12th April 2019 - if UK didn’t accept deal (or;)
- b) 22nd May 2019 - If UK accepted deal prior to 12th
- 10th April 2019;
- Extended until 31st October
- UK had to take part of European Parliament elections
- European Union (Withdrawal) (No2) Act 2019 (‘Benn Act’)
1
fi fi ff
To Brexit or not to Brexit…?
Law in Action
European Union Referendum Act 2015:
- S.1(4): q - “Should the UK remain a member of the EU of leave the EU”
- S.1 (5) q - “Remain a member of EU”
- “Leave the EU”
Article 50:
- Member states can withdraw from unpin due to own constitutional requirements. Member
withdrawing must notify E council. Treaties cease to apply to State in question from date of entry
to withdrawal (unless decided to be extended)
Domestic response to Article 50:
- R (Miller & another) v. Secretary of state for existing the EU [2017]
- Normally treaty making prerogative powers didn’t apply to triggering A50.
- AofP required to authorise (due to special status of E Communities Act 1972
- EU (noti cation of Withdrawal) Act 2017
- s1: ‘Power to notify withdrawal from the EU’
- (1) PM may notify (under A50(2) of treaty of EU, the UK’s intention to withdraw from EU
- (2) This section has e ect despite any provision made by/under European Communities
Act 1972 (or any other enactment)
- Formal noti cation of withdrawal: 29th March 2017
- Inability to get May’s Withdrawal Agreement through the HofC
How we got here:
- 22nd March 2019: (two possibilities)
- a) 12th April 2019 - if UK didn’t accept deal (or;)
- b) 22nd May 2019 - If UK accepted deal prior to 12th
- 10th April 2019;
- Extended until 31st October
- UK had to take part of European Parliament elections
- European Union (Withdrawal) (No2) Act 2019 (‘Benn Act’)
1
fi fi ff
