A law firm has embarked on measures to secure the House of Commons approval to activate Britain‘s Brexit law
The company, Mishcon de Ría, represents a group of businessmen and academics, and says that the Prime Minister has no right to activate Article 50 without extensive debate, and to vote in Parliament.
The measures come after Britain voted to exit the European Union in the June 23 referendum.
After the referendum, Prime Minister David Cameron announced that he would step down by October, and would leave the task of activating Article 50 of Lisbon to his successor.
After that, Britain will have two years to negotiate an exit from the European Union.
The law firm contacted government officials to obtain guarantees regarding legal procedures.
The BBC’s legal affairs editor, Clive Coleman, says the law firm believes that if the prime minister used his executive powers to initiate procedures he would have violated the law, because his work violated the 1972 law, which stipulated Britain’s entry into the European Union.
The law firm adds that the legislation can only be canceled by other legislation, according to constitutional norms, and therefore parliamentary approval is required to give the prime minister the authority to start exit procedures from the European Union.
In the BBC‘s opinion, voting in Parliament gives parliamentarians, in theory, an opportunity to stop the Brexit from leaving the European Union, because most of them remain while, but “constitutionally, no one imagines that.”
“We have to make sure that the government follows the right procedures, in deference to the law, and to protect British constitutional norms and the supremacy of Parliament, in these unprecedented conditions,” says attorney Kesraa Nourozi of Mishcon de Ria.
He adds that “the result of the referendum is not in doubt, but rather we must follow procedures that respect British law.”
The result of the referendum does not bear the nature of the obligation, legally, according to the lawyer, but activating Article 50 from the heart of the current or incoming Prime Minister, without the approval of Parliament, would be against the law.
Many were surprised to learn that the result of the referendum is not binding in British law, and that it alone is not enough for Britain to exit the European Union.
Exit must take place in accordance with the procedures stipulated in Article 50 of the Lisbon Agreement.
In the legal opinion, the Prime Minister alone does not allow him to activate Article 50, and he must legislate in Parliament that gives him full authority.
Presenting the case to Parliament will give the parliamentarians an opportunity, most of them while staying, to express their opinion about leaving the European Union and voting according to their conscience.
And no one can imagine, according to constitutional norms, that MPs refuse to leave the European Union, after the people voted for him in a national referendum.
European Union leaders are calling on Britain not to delay its exit.
European Commission President John Claude Juncker said that Britain had no months to consider implementing Article 50.
The two-year period of negotiations, according to Article 50, can only be extended by consensus of the remaining 27 members.
If there is no agreement to extend the negotiations period, Britain will leave the European Union, based on what was agreed upon in the two-year period.
A government spokesman said: “As the Prime Minister made clear in the House of Commons, we are examining the details of the measures, and Parliament will inevitably have a role in determining the best way.”