Brexit and the EU Court

The (UK) High Court has appealed to the Supreme Court for a decision on whether the Government can start the Brexit process by triggering Article 50 TEU using Prerogative powers. Some press reports said the Court of Justice of the EU (CJEU) would have the last word on this. But can the CJEU rule on matters of UK constitutional Law?

Many experts believe that the question central to the case, but not ruled on by the High Court, was whether Article 50 can be withdrawn. If it can be revoked, then the argument that Article 50 notice leads inevitably to a loss of rights under the European Communities Act 1972 might not hold. This paper looks at the questions of revocability and referral to the EU Court.

ESO: Background information: High Court ruling on Article 50: statement http://www.europeansources.info/record/high-court-ruling-on-article-50-statement/

ESO: In Focus: Brexit - The United Kingdom and the European Union http://www.europeansources.info/record/brexit-the-united-kingdom-and-the-european-union/

ESO: Background information: Theresa May told to act to calm Brexit ‘mob’ backlash http://www.europeansources.info/record/theresa-may-told-to-act-to-calm-brexit-mob-backlash/

ESO: Background information: Oral statement to Parliament. Process for invoking Article 50: Ministerial statement 7 November 2016 http://www.europeansources.info/record/oral-statement-to-parliament-process-for-invoking-article-50-ministerial-statement-7-november-2016/

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