New Irish Brexit case

Posted on 14 Dec 2016 by Brick Court

Maya Lester QC

The UK Supreme Court case challenging the Government’s use of the royal prerogative to trigger Article 50 has been widely reported on this blog and elsewhere.  Another set of proceedings is now to be lodged in the High Court in the Republic of Ireland.  The purpose of the Irish proceedings is said to be: (a) to ascertain whether Article 50 has already been triggered; (b) to persuade the Irish High Court to refer a question to the European Court of Justice in Luxembourg on the revocability of Article 50; and (c) to clarify whether leaving the European Union means automatically leaving the European Economic Area.  The likely claimants are members of the European Parliament, and defendants are the Government of Ireland and the European Commission and Council of Ministers.