The legal, political and economic implications of the Brexit 43
The procedure laid down in article 50, which will take about two years from
the date on which a Member State shall notify officially the European Union that
wishes to leave this Union, will allow the negotiation of a new agreement with the
European Union, without this negotiation to be mandatory.
What is important, however, is the fact that the British Parliament, which is the
holder of the national sovereignty, will have to rule in relation to all issues raised
by the Brexit, even if the will of the people must be respected. At the same time, the
Parliament will have to be sanctioned by the Queen, sanctioning that has not been
refused from 1707.
In other words, a law of the British Parliament is needed for official
notification to the European Union that the United Kingdom wants to leave the
European Union. The settlement is also the hardest since the United Kingdom has
no written Constitution, and in the area there is no common law and constitutional
customs because it is the first time that there was a situation of Brexit.11
To resolve this problem, The British Supreme Court will have a hard word to
say in connection with the notification in question and the role of the Parliament in
this constitutional procedure. Moreover, at present, the UK Supreme Court
examines such a question.
In fact, ever prior to the date of the referendum for the Brexit, it was argued
very clearly that the ratification of an international treaty is a royal prerogative, but
the ratification of a Treaty concerning the European Union is a prerogative that
requires a previous act of the Parliament. Only that, nowhere is covered how to do
it and who is involved in the removal of a treaty, because this problem to be solved
has never occurred until now.
Lately, it has appeared as a necessity to settle, the important discussion related
to the involvement of the Parliament or not in the action of the official notification
of the European Union and the implementation of article 50. Based on these
themes, in the case Santos and Miller versus the Secretary of State for the extension
of the European Union, of the Supreme Court, it is showed that in Brexit’s case, the
notification cannot be done by the Government, without the approval of the
At the same time, in another opinion, it is stated that, a notification without a
prior approval by the Parliament might not be consistent with British
Also. the Party of the Peoples Interested in Changing, made up of citizens of
England, Scotland, Gibraltar, Northern Ireland, Wales and England expatriates in
11 Eva-Maria Poptcheva, Art. 50: Withdrawal of a Member State from the EU, Briefing Note for
12 Judicial Review, Litigation over the correct constitutional porcess for triggering Article 50,
Lexologie, October 13.2016.
13 Proctor Kate, Cameron sets up Brexit unit, Yorkshire Post, West Yorshire, 13 October 2016. See
also The Times, 30 June 2016.