Wightman and Others v. Secretary of State for Exiting the European Union

Abstract

International organizations — European Union — Membership — Withdrawal — Treaty on European Union, Article 50 — Notification by United Kingdom of its intention to withdraw from European Union — Whether notification to withdraw made pursuant to Article 50 may be unilaterally revoked by United Kingdom — Whether this question hypothetical or academic in nature given absence of any intention on behalf of United Kingdom Government to withdraw notification — Whether such question falling within jurisdiction of national courts in context of judicial review — Whether court able to entertain petition for judicial review without encroaching on parliamentary sovereignty — Whether such question admissible if referred to Court of Justice of the European Union

Relationship of international law and municipal law — Treaties — Withdrawal — European Union Treaties — Treaty on European Union, Article 50 — European Union (Withdrawal) Act 2018, Section 13 — Requirement of parliamentary approval of outcome of negotiations with European Council regarding withdrawal — Whether notification to withdraw made pursuant to Article 50 could be unilaterally withdrawn — Whether question regarding correct interpretation of Article 50 falling within supervisory jurisdiction of courts in context of judicial review proceedings

Treaties — Withdrawal — European Union Treaties — Treaty on European Union, Article 50 — Right of withdrawal from European Union — Notification of Member State of its intention to withdraw — Whether notification to withdraw made pursuant to Article 50 could be unilaterally revoked by Member State concerned — Whether this question ought to be referred to Court of Justice of European Union — The law of Scotland