Article 50 and Brexit

An application brought against the government has been upheld in the High Court of Justice yesterday. It was confirmed that the Secretary of State does not have power under the Crown's prerogative to give notice pursuant to Article 50 for the UK to withdraw from the EU. The government cannot therefore trigger Article 50 of the Lisbon Treaty, thus cannot begin formal exit negotiations with the EU, on its own.

 

Described by BBC political correspondent Eleanor Garnier as 'one of the most important constitutional court cases in generations', it was eventually confirmed that Parliament must vote on the triggering of Article 50.

 

The court confirmed that the decision was not influenced by the merits of leaving the EU, it is simply a question of law. The Article does clearly state in black and white the need for parliamentary consent:

 

"[The Agreement to withdraw from the Union] shall be concluded on behalf of the Union by the Council, acting by a qualified majority, after obtaining the consent of the European Parliament". (Article 50(2) TEU)

 

Leaving the EU means 45 years of EU law being undone and the rights of citizens being extinguished, thus the court ruled that it must be done by legislature and not just on the authorisation of the prime minister.

 

The other member states have agreed that negotiations about the terms of the UK's exit cannot begin until the Article has been invoked.

 

What does this mean for the future? Could Brexit be blocked? After all, the Remain camp still has majority among the House of Commons. Could Parliament opt for a 'half Brexit' as Nigel Farage fears? Or will Parliament prioritise the referendum outcome and favour the views of the public? A statement will be made to MPs this Monday.