January 24, 2022

Volume XII, Number 24

Advertisement
Advertisement

January 24, 2022

Subscribe to Latest Legal News and Analysis
Advertisement

Brexit News: UK Judges Throw Block in Road of Article 50 if Treaty of the European Union

Invoking Article 50 of the Treaty of the European Union requires participation of the UK Parliament say Lord Chief Justices Lord Sales and Lord Thomas of the Royal Courts of Justice in London who handed down their judgment today.

This is a significant step, but only a step along the way. The final outcome remains uncertain as this judgment will most likely be appealed by the Government to the Supreme Court. Hence, the uncertainty caused by Brexit to businesses remains if it is not further increased.

The summary conclusion reads as follows:

“The court does not accept the argument put forward by the Government. There is nothing in the text of the 1972 Act to support it. In the judgment of the court the argument is contrary both to the language used by Parliament in the 1972 Act and to the fundamental constitutional principles of the sovereignty of Parliament and the absence of any entitlement on the part of the Crown to change domestic law by the exercise of its prerogative powers. The court expressly accepts the principal argument of the claimants.

For the reasons set out in the judgment, we decide that the Government does not have power under the Crown’s prerogative to give notice pursuant to Article 50 for the UK to withdraw from the European Union.”

Copyright © 2022, Sheppard Mullin Richter & Hampton LLP.National Law Review, Volume VI, Number 308
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Oliver Heinisch, Sheppard Mullin, Antitrust Regulation Lawyer, Fair International Competition Attorney,
Partner

Oliver Heinisch is a partner in the Antitrust and Competition Practice Group in the firm's London office.

Mr. Heinisch advises on all areas of EU, UK and German competition law with a focus on international cartel and abuse of dominance procedures including related antitrust litigation matters as well as merger control law. He has substantial expertise in advising on the interface between intellectual property and competition law mainly in the context of complaint cases, investigations of competition authorities and intellectual property...

32 (0) 2 290 7904
Advertisement
Advertisement
Advertisement