Brexit – Uk cannot trigger Article 50 to leave EU without Parliamentary approval by Domenic Pini

3394d94Attended Cambridge University and graduated 1974 in Law with a Bachelor of Arts and later as a Master of Arts. Qualified as Counsel in 1977 and called to the Bar in the Inner Temple. Became a Solicitor in 1988.

Area of specialisation cross border commercial and corporate transactions covering share and assets purchases, corporate re-organisation, joint ventures, franchising, distribution and agency, as well cross border residence, non-domicile and domicile issues.

Commercial advisory work for businesses in the areas of manufacturing, fashion, food supply, retail distribution, restaurants and software.

Former non-executive director of Ponti’s restaurant group. Trustee of the Italian School in London. Trustee of Mazzini Garibaldi Charitable Foundation. Trustee of the National Institution for Social Assistance (INAS). Trustee of the Arandora Star London Memorial Fund. Former President and Council member of the City and Shoreditch Rotary Club. Rotary Paul Harris Fellow. Founder and Chairman of the British Italian Law Association.Chair of the Mazzini Garibaldi Club Limited. Council Member of Business Club Italia. Member of Club di Londra. Freeman of the City of London.

Brexit – UK cannot trigger Article 50 to leave European Union without Parliamentary approval.

It was assumed by many that the Prime Minister, Theresa May, would give the formal notice to withdraw the UK from the European Union under Article 50 by using what is known as the “Royal Prerogative” in March 2017. The Royal Prerogative are unfettered powers exercised by the British Crown, which since the 13th century, have been exercised by the Monarch without consulting Parliament. The Royal Prerogative is used in the same way that the President of the USA uses “executive orders”, to exercise power without the approval of Parliament.  For example, the Prime Minister has the power to declare war, as an exercise of the Royal Prerogative, without the approval of Parliament.  However, the High Court of Justices in the UK in a judgement today has made it clear that the UK Government cannot use Royal Prerogative to trigger Article 50 of the Treaty of the European Union. The reason behind the High Court judgement is that since leaving the European Union would affect many laws affecting the people of the UK, it needs Parliamentary approval. The UK Government disagree with the decision and the case will be appealed to the Supreme Court in December 2016. Depending what the Supreme Court says, the UK Government will need to review its timetable to leave the EU.

Domenic Pini

Pini Franco LLP

22-24 Ely Place

London EC1N 6TE

dpini@pinifranco.com

www.pinifranco.com