Supremacy Flashcards
What act was passed to enable a referendum with regards to Brexit? Who passed this act?
The European Union Referendum Act 2015 by David Cameron
What decision made by Teresa May was challenged in court?
Her decision to invoke Art.50 without a vote from Parliament was successfully challenged in the High Court in November 2016
Why was the case of MILLER dismissed by the Supreme Court?
UK government’s appeal was dismissed by the UK Supreme Court, which ruled that the formal withdrawal process could not be triggered without authorisation by Parliament (Miller)
After Teresa May’s decision to leave the EU was successfully challenged, what action was then taken?
13 March 2017: UK Parliament passed the EU (Notification of Withdrawal) Act 2017
When was the UK’s withdrawal from the EU triggered?
29 March 2017: The UK’s withdrawal process was triggered but formal negotiations did not start until June 2017 (after the UK’s snap General Election)
Under art.50, who should a MS inform should they decide to withdraw from the EU?
- A MS which decides to withdraw shall notify the European Council of its intention. In the light of the guidelines provided by the European Council, the Union shall negotiate and conclude an agreement with that State, setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the Union
- That agreement shall be negotiated in accordance with Article 218(3) of the TFEU. It shall be concluded on behalf of the Union by the Council, acting by a qualified majority, after obtaining the consent of the European Parliament.
what happens after a notification of withdrawal is sent out under Article 50?
- The Treaties shall cease to apply to the State in question from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification referred to in paragraph 2, unless the European Council, in agreement with the MS concerned, unanimously decides to extend this period.
- the member of the European Council or of the Council representing the withdrawing MS shall not participate in the discussions of the European Council or Council or in decisions concerning it.
What if a MS who has withdrawn wants to rejoin?
If a State which has withdrawn from the Union asks to rejoin, its request shall be subject to the procedure referred to in Article 49.
What instructions does art.50 give on how to withdraw?
No right to withdraw unilaterally.
A MS has the right to decide to withdraw from the EU but is bound by the withdrawal process prescribed by EU law.
Art. 50 TEU leaves the decision on withdrawal to domestic constitutional laws but provides an EU procedural framework for the withdrawal.
To trigger this procedure, a formal notification to the European Council is required.
A withdrawal agreement must be negotiated and concluded between the departing MS and the EU, subject to approval of Council (QMV) and consent of EP.
Should negotiations break down, EU Treaties will cease to apply to the departing MS 2 years after the notification unless an extension is unanimously agreed by European Council.
what is the withdrawal agreement about?
The withdrawal agreement is about “setting out the arrangements” for the UK’s withdrawal “taking account of the framework for its future relationship with the Union”.
The future relationship between the UK, the EU and the remaining MS will have to be set out in a separate agreement, although it is implied that the main outlines of that future relationship should be known by the time the withdrawal agreement is signed.
The withdrawal agreement is to be concluded by the UK and the EU only (without the need to be agreed to or ratified by the individual MS) – Art. 50(2) TEU and 218(3) TFEU
Who would the agreement on the UK/EU future relationship be concluded by?
The agreement on the UK/EU future relationship would most likely have to be concluded by the UK and both the EU and the MS as parties, since it might entail significant changes in existing rights, obligations or competences of all the MS (hence requiring ratification by all MS as a “mixed” agreement – falling partly within the competence of the EU and partly within that of the MS – before it is signed by the EU)
What was the outcome of Miller?
Unless primary legislation permits it, the Royal prerogative does not enable ministers to change statute or common law – fundamental principle of the UK Constitution
When would the European Communities Act 1972 be repealed?
The EC Act 1972 will be repealed on the day that the UK leaves the EU.
All EU law that applies to the UK on that date will be converted into UK statute law
