Tag: European Court of Justice
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Anthony Arnull: Is the UK Supreme Court Pro-EU?
Of all the criticisms levelled by elements of the press and others at the judgment of the Supreme Court in Miller II and Cherry, perhaps the least convincing is that the Justices are pro-EU. It has been widely pointed out that we have no idea whether, and if so how, the Justices voted in the…
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Stijn Smismans: About the Revocability of Withdrawal: Why the EU (Law) Interpretation of Article 50 Matters
In the Miller case the High Court of England and Wales did not question the parties’ common understanding that withdrawal under Article 50 cannot be revoked once triggered. However, academic opinion on the issue is divided. Interestingly enough, the academic debate on Article 50 has particularly developed from a UK constitutionalist perspective (understandably as far…
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Ronan McCrea: Arguing that Article 50 Notification Is Reversible Involves Risks for the Government
Well-placed sources have reported to the Guardian that the Government’s lawyers will argue before the Supreme Court that notice triggering Article 50 can be revoked if the UK changes its mind about leaving the EU before its departure from the Union takes place. This marks a significant change from the strategy adopted before the High…
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Sionaidh Douglas-Scott: Miller: Why the Government Should Still Lose in the Supreme Court (Even with New Arguments)
In the landmark legal decision in Miller v Secretary of State for Exiting the EU, the High Court ruled that the government cannot use the royal prerogative to trigger Article 50 EU Treaty, and so leave the EU, without Parliament’s authority. Since that ruling was given, a flurry of commentary on it has appeared. Some…
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Sam Fowles: In Defence of Europe
Professor Nicol’s critique of Another Europe is Possible and DiEM 2025 is undoubtedly engaging. But it confuses constitutional law with policy enacted through the law and can only be justified by adopting a rather one-sided reading of the EU treaties. Ultimately, in failing to offer a corresponding analysis of the international law position of the…
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Sionaidh Douglas-Scott: Constitutional Implications of a UK Exit from the EU: Some Questions That Really Must Be Asked
The issue of a UK withdrawal from the EU is highly topical at present, and several aspects of a UK exit – such as its impact on the devolved nations, or the relationship of an exit referendum with the EU Act 2011, have already been discussed on this blog. This post mainly addresses other constitutional…
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Dorota Leczykiewicz: Melloni and the future of constitutional conflict in the EU
Constitutional conflict is a leitmotif of the relationship between EU law and national law. Courts of EU Member States are under a dual obligation of loyalty. On the one hand, they need to apply and respect their own laws, but on the other, they also need to ensure effectiveness of norms of the EU legal…