In June 2016, Jeff King, Professor of Law, UCL and Nick Barber, Associate Professor of Law, University of Oxford, argued that parliamentary approval was required before Article 50 could be triggered. At the time, their arguments were (wrongly) dismissed by various politicians and constitutional experts. Here, they present a rigorous and legally dense defence of the High Court’s recent decision that parliament must give its approval before the government can trigger Article 50.
Miller v Secretary of State for Exiting the European Union has stimulated quite a bit of debate. Some criticism of the decision has been well-informed and thoughtful, whilst some of it has been, to put it charitably, less worthy of engagement. In this post we respond to what we view as the strongest arguments against Miller, taking account of the Government’s written case for appeal. We discussed the reasoning used in the case in an earlier post written with Tom Hickman, and will not repeat that explanation here. This post assumes knowledge of that earlier piece, which was written with the lay reader in mind. The present piece, more legally detailed, is necessitated by the quite subtle replies to the argument in that original post and to the judgment in Miller.
In light of the ongoing legal hearing on the triggering of Article 50, Piet Eeckhout, Professor of EU Law at UCL, examines Article 50 from an EU law perspective. He explores what the UK’s ‘constitutional requirements’ for leaving the EU entail, noting that Parliament has a role to play in any withdrawal decision.
The litigation concerning the triggering of Art 50 TEU is under way, with hearings this week and next. It is the constitutional case of the century. The government’s skeleton argument has been published. This reveals that one of the pillars of its defence is that the decision to withdraw from the EU has already been taken. Consequently, all that is in issue is the authority to notify the EU of that decision, and to start the two-year negotiation period provided for in Art 50. That, the government’s case goes, is a decision of high policy which is rightly in the government’s hands, and not in those of parliament.
Ronan McCrea, Barrister and Senior Lecturer in Law at UCL, argues that it is not clear that the EU is any less accountable than national governments.
The claim that the EU is undemocratic and unaccountable is made so often it seems to be an accepted background to any discussion of the union. The charges levelled against it assert that EU institutions are unelected, unaccountable, and that EU democracy is a sham.
These critiques are only partially true and in many cases apply equally to the government of member states. Continue reading
Damian Chalmers, Professor of EU Law at LSE and Fellow of UK in a Changing Europe, argues that the EU will continue to be perceived as authoritarian until it reforms its relationship with national citizenship and political community. This piece is part of the UCL European Institute’s commissioning partnership with openDemocracy.
When the EU’s heads of state and government met in Laeken in 2001 to start the process that culminated in the Lisbon treaty, it was not meant to be like this. A new settlement was to be built that would not only be the byword for constitutional democracy beyond the state but that would also provide the framework within which a post-national community could live at ease with itself. Individuals were to be as comfortable being and living alongside EU citizens as they were alongside national citizens.
Fast forward nearly 15 years and migration has become a touchstone for the dissolution of that dream. The rawness of its politics has consumed the EU’s decision-making structures and seemingly overwhelmed its authority. More pervasively, migration is associated with a climate of popular mistrust of political institutions, both national and EU, in which the latter are perceived by a part of the citizenry as unresponsive and unable to deal with claim and counterclaim. The commitments of national citizens to foreigners, be these other EU citizens or non-EU nationals, has been called increasingly into question and into competition with commitments to fellow nationals. Continue reading
Migration will play a central role in the June EU referendum. The UCL European Institute’s Uta Staiger and Claudia Sternberg explore which arguments, facts, and strategies the campaigns will deploy to swing the vote in their favour. This article gives an overview of our second guest editor week on the topic on openDemocracy.
Migration has emerged as perhaps the most prominent – and certainly challenging – issue for both the In and Out campaigns on British EU membership. Continue reading