United Kingdom: Judgment Released: Parliament Must Approve Triggering of Article 50

By a majority vote, the UK Supreme Court has ruled that the government must consult Parliament prior to invoking Article 50 to separate the United Kingdom from the European Union. It is anticipated that the government will present the related bill for debate to Parliament shortly, before it can become law.

Go to the profile of Fragomen
Jan 25, 2017
0
0
Upvote 0 Comment

By a majority vote of 8-3, the UK Supreme Court ruled that the government must consult Parliament prior to invoking Article 50 to separate the United Kingdom from the European Union.


Background

On June 23, 2016, the UK public voted in favor of leaving the European Union. Article 50 is the formal mechanism which a member state must invoke if it decides to leave the European Union. Following the referendum, the government's decision to trigger Article 50 without parliamentary consent was legally challenged by several parties.

In early December 2016, the Justices of the UK Supreme Court heard the government's appeal against the unanimous High Court ruling that the government did not have the power to trigger Article 50 unilaterally.

Next Steps

The Supreme Court is the final court of appeal in the United Kingdom and the decision is binding. The government now needs to draft a bill that will be debated in Parliament and which will need to be approved by both the House of Commons and the House of Lords before it can become law as an Act of Parliament.

Following the Prime Minister's speech last week in which she outlined a strategy for a swift Brexit, it is anticipated that the government will present the bill to Parliament shortly.

The Supreme Court held that this consultation does not need to extend to Northern Ireland, Scotland and Wales.

What This Means for Employers and Foreign Nationals

The decision was largely expected and will impact the process the government follows in implementing the outcome of the Referendum and potentially also the timeline for Brexit.

Fragomen will issue updates on Brexit as developments occur. For more information, please visit Fragomen's dedicated Brexit site, which contains news, FAQs, and analysis/commentary in the form of blogs, videos, webcasts and events.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to londoninfo@fragomen.com.

© 2017 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Go to the profile of Fragomen

Fragomen

Immigration Alerts, Fragomen

Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates, (collectively known as “Fragomen Worldwide”) is the world’s largest firm dedicated to corporate immigration, and is recognized as the leading global immigration services provider.

No comments yet.