This event will offer a platform for discussion on whether Article 50 TEU has been triggered by a ‘decision’ according to the UK’s ‘constitutional requirements’, as required by Article
50(1). Statements made by the Government, in the Miller case, and during the debate relating to the Notification Bill in 2017, suggest that its view is that the ‘decision to leave’ is to be inferred from the 2016 EU referendum and subsequent events.
This raises a series of questions: what are the constitutional requirements for a relevant ‘decision’ under UK law? Can public law decisions to take positive steps be inferred from the circumstances? Are there additional requirements for such decisions, and do they vary according to the constitutional significance of a case? Should comparative law inform domestic constitutional requirements and what would be the approach of other EU Member States?
These issues will be informed by the experiences of an eminent panel of speakers including Alison Young, Professor of Constitutional Law, Cambridge University; Pavlos Eleftheriadis, Professor of Public Law, University of Oxford; Thibault Guilluy, Université de Paris II; Tobias Thienel, Rechtsanwalt, Kiel, Germany, Riccardo Sallustio, Partner, Grimaldi Studio Legale.
There is no charge for this event. To register email Lois Norris ([email protected])