On behalf of an anonymous group of business clients, Mishcon de Reya will be pushing to ensure that the UK will not be withdrawn from the EU without the involvement of parliament. Specifically, the firm posits to government lawyers that the recent referendum cannot trigger Article 50 of the Treaty of the European Union without an Act of Parliament supporting the exit. The first clause of Article 50 states that any member of the EU may choose to withdraw ‘in accordance with its own constitutional requirements’. As such, the ‘advisory’ status of the recent referendum has led many to argue that Article 50 cannot and should not be triggered in violation of parliamentary sovereignty, and that the final decision to exit should be left to democratically-elected MPs.
Weighing ‘other factors’
‘The result of the referendum is not in doubt, but we need a process that follows UK law to enact it,’ argues Mishcon de Reya partner Kasra Nouroozi, adding that It would be ‘unlawful’ for Britain’s current or future prime minister to trigger Article 50 without parliamentary approval. ‘Everyone in Britain needs the government to apply the correct constitutional process and allow parliament to fulfill its democratic duty, which is to take into account the result of the referendum along with other factors and make the ultimate decision.’
Sources: The Guardian; Legal Futures; Mishcon de Reya
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