Lecture 3 Thursday, 10 October 2019
EU and Brexit
Law in action
Around the Referendum:
- The rst minister in N Ireland, Scot & Wales cosigned a letter to Cameron asking him not to hold
the referendum in June, as devolved elections were scheduled to take place the previous month
- Referendum as a ‘consultive’ tool Vs. Parliamentary sovereignty (parliament can do any law & not
bound by ref results) (constitutional principle to the UK)
Legal Issues:
- Article 50 EU Treaty: clear conditions
- From the act of withdrawal, 2 years to negotiate conditions and terms of EU exit
- Joined EU with vote from Parl need to withdraw with vote from parl
Main legal case:
- UK Supreme Court (24/01/17) authorised by Parliament is required for the invocation of Article 50
- R (Miller) v Secretary of State for Existing the EU High court order on 7 Nov 2016 - Sec of state
doesn’t have power under Crown to give notice pursuant to Article 50 of the Treaty of EU for the
UK to withdraw from EU
Article 50: (Treaty of the EU)
- Any member state (MS) may decide to withdraw from the Union in accordance with its own
constitutional requirements
- MS who decides to withdraw - notify the European council. Union negotiates and makes
agreement. Agreement negotiated in accordance to Article 218 (3)[12]
- Treaties cease to apply to there state in question from the dare of entry into force of the
withdrawal agreement (failure = 2 years after the notif referred to in p2) unless the Curopean
council decides to extend this period
- If a state which has withdrawn from union asks to rejoin, its request shall be subject to the
procedure in Article 49.
North Ireland
- Can’t leave EU without agreement; searched
- N. Ireland alone remains the EU’s single market and customs UN
fi
EU and Brexit
Law in action
Around the Referendum:
- The rst minister in N Ireland, Scot & Wales cosigned a letter to Cameron asking him not to hold
the referendum in June, as devolved elections were scheduled to take place the previous month
- Referendum as a ‘consultive’ tool Vs. Parliamentary sovereignty (parliament can do any law & not
bound by ref results) (constitutional principle to the UK)
Legal Issues:
- Article 50 EU Treaty: clear conditions
- From the act of withdrawal, 2 years to negotiate conditions and terms of EU exit
- Joined EU with vote from Parl need to withdraw with vote from parl
Main legal case:
- UK Supreme Court (24/01/17) authorised by Parliament is required for the invocation of Article 50
- R (Miller) v Secretary of State for Existing the EU High court order on 7 Nov 2016 - Sec of state
doesn’t have power under Crown to give notice pursuant to Article 50 of the Treaty of EU for the
UK to withdraw from EU
Article 50: (Treaty of the EU)
- Any member state (MS) may decide to withdraw from the Union in accordance with its own
constitutional requirements
- MS who decides to withdraw - notify the European council. Union negotiates and makes
agreement. Agreement negotiated in accordance to Article 218 (3)[12]
- Treaties cease to apply to there state in question from the dare of entry into force of the
withdrawal agreement (failure = 2 years after the notif referred to in p2) unless the Curopean
council decides to extend this period
- If a state which has withdrawn from union asks to rejoin, its request shall be subject to the
procedure in Article 49.
North Ireland
- Can’t leave EU without agreement; searched
- N. Ireland alone remains the EU’s single market and customs UN
fi
