Government loses challenge to article 50 CJEU reference.

 

 

The Secretary of State for Exiting the European Union sought  permission from the Supreme Court to appeal against the orders of  the Inner House of the Court of Session dated 21 September and 3 October 2018 requesting the CJEU to give a ruling on the following question:

“Where, in accordance with article 50 of the Treaty on European Union, a member state has notified the European Council of its intention to withdraw from the European Union, does EU law permit that notice to be revoked unilaterally by the notifying member state; and, if so, subject to what conditions and with what effect relative to the member state remaining within the European Union?”

Yesterday, the Supreme Court declined to give permission to appeal. Under section 40 of the Court of Session Act 1988 the only basis for an appeal against the orders would be if they constituted “a decision constituting final judgment in any proceedings”. The order did not constitute a final judgment. Under art. 267 of the TFEU under which the preliminary ruling has been requested the purpose of the ruling is “to enable [the national court] to give judgment”. The preliminary ruling is merely a step in the proceedings pending before the national court which is the court which must assume responsibility for the subsequent judicial decision.

The CJEU hears the case on 27 November.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s