Centrum Stosunków Międzynarodowych - 03 November 2016: Brexit: Government must ask Parliament to trigger Article 50

British Prime Minister Theresa May had already decided that by the end of March the governement will trigger Article 50 of the Lisbon Treaty to leave the EU and formally notify the EU of the UK`s intention to leave. Then once Art. 50 would be invoked, May plans on negotiating the Brexit for two years until 2019. But now the High Courts judgment ruled that May cannot bypass the Parliament. It has been ruled that the Prime Minister does not have the right to trigger Article 50 without parliamentary approval and involving the votes of MEPs and peers.

The judgement was delivered by the lord chief of justice, Lord Thomas of Cwmgiedd, who said that “the most fundamental rule of the UK constitution is that parliament is sovereign”. This ruling will most likely slow the pace of Britain’s departure from the EU, as the Brexit will now be subject to full parliamentary control. Before the Brexit referendum most of the MPs were against leaving the EU and now the parliament will not go against the expressed will of the people, but can influence the negotiations about a hard or soft Brexit.

However, a spokesperson from the government said that the ministers will appeal this ruling and the hearing will take place on 7. and 8. December. This decision will undermine May`s authority concerning negotiations about Brexit with other member states.