What are the legal challenges about?
The Juncker Presidential Order
We expect to make an announcement soon.
The Article 50 Challenge
The legal challenge aims to answer the simple question: who has the power to take the UK out of the EU? The Government claims it has that power without putting it to your MPs in parliament. But many respected lawyers, including our own, take the view that Parliament needs to approve this course of action.
Why does this matter?
This case affects everyone, whether they voted to Remain or to Leave.
The legal process for withdrawal from the EU is determined by Article 50 of the Treaty of European Union. Article 50 states that any notice to leave the EU must be made in accordance with the constitutional requirements of the departing member state. The UK’s constitution has never formally been written down. It is therefore for the courts to decide.
If the Government triggered Article 50 unlawfully, there would inevitably be a legal challenge, hampering the withdrawal negotiations and perhaps our future political and economic relationships with the EU.
So the question needs to be answered regardless. We want it to be answered taking full account of those most profoundly affected by it.
How are we involved?
Some of our founding members have been granted permission by the High Court to intervene in the case.
As interveners, we can make sure that the court is made aware of the special circumstances which apply to British expatriates and their legal rights which will be affected. Our legal team will also be able to raise additional points on our behalf, which cannot be raised by those acting for UK-based clients.
The legal challenge will be heard by the Supreme Court in December - we won in the Divisional Court!
We are few, but the outcome of this case will affect many.
An estimated 1.2 million British born people live across the EU and 3 million EU 27 citizens live in the UK, many of whom have families, spouses, other dependants and friends in the places we call home. Not just our lives, but entire communities could change as a result of Brexit. We must have a say in our future.