The UK Supreme court ruled that the British government cannot give effect to article 50 of the Lisbon Treaty, in order to initiate the process of withdrawal from the EU, without the approval of Parliament, according to Reuters.
This was decided by a panel of judges of the Supreme court, which has the right to resolve disputes on authority between the government and the legislative bodies of the country. Of the 11 judges voted in favor of 8 that the government approved a plan of withdrawal of Britain from the EU Parliament, 3 against.
The Chairman of the judicial Collegium of the Supreme court Lord David Noyberger stressed that it is not about revision of results of the referendum on the country’s withdrawal from the EU, but the legal side of their entry into force. He noted that the government generally has the exclusive right to change the contracts, but is unable to do so if this decision will affect the rights of citizens.
According to article 50 of the Lisbon Treaty, the request for withdrawal from the EU served the country in accordance with its own “constitutional requirements”. United Kingdom is a constitutional monarchy with a parliamentary form of government and a codified Constitution in the country does not exist. Therefore, a Brexit opponents sued, arguing that in this case, such a solution must pass the approval of Parliament.
The high court in London in early November 2016, has ruled that the British government requires the consent of the Parliament to start negotiations with Brussels on the terms of withdrawal from the EU.
However, the British government, under the Prime Minister Theresa may did not agree with this decision and filed an appeal to a higher authority — the Supreme court of the United Kingdom.
The appeal hearing took place in early December and lasted for four days. Attorney General for England and Wales Jeremy Wright, who represented the government during the appeal hearing, appealed to the law of the so-called “Royal prerogative”, which allows in special cases to act without the approval of Parliament. According to him, since the nineteenth century this right was transferred to the Parliament.
June 23 in the UK held a referendum, which decided whether the country to remain part of the European Union. For a British exit from the EU voted 51.9% of voters.