
Countries / Territories
- 🌐
Related contacts
Related offices
Related contacts
Related offices
Related contacts
Related offices
By: Gemma Hyslop
In the landmark case of R (on the application of Miller and another) (Respondents) v Secretary of State for Exiting the European Union (Appellant) the Supreme Court of the United Kingdom has ruled that the Government cannot unilaterally trigger Article 50 of the Treaty on the European Union to exit the European Union ("EU".) The decision must be debated before Parliament and legislation must be passed to effect this monumental change to the British legal landscape.
It is important to remember that the purpose of this case was never to challenge the legitimacy of the decision to withdraw from the EU but to confirm whether the authority to commence the process lies solely with the Government or Parliament as a whole.
The process to leave the EU is triggered by enacting Article 50. In taking their appeal to the highest court in the UK, the Government had asserted that its prerogative powers allowed it to engage Article 50 without the need to obtain prior parliamentary consent. The opposing parties contested this, arguing that Parliament must be consulted and the decision must be sanctioned by an Act of Parliament.
The Supreme Court also considered whether such consultation should be extended to the devolved Northern Irish, Scottish and Welsh authorities. This could potentially open a raft of issues if varying responses were received.
By a majority of 8 to 3, the Court dismissed the Government’s appeal, ruling that an Act of Parliament must be passed to authorise the UK’s departure from the European Union via the enactment of Article 50. The judges were unanimous in their ruling on the cases referred by the Northern Irish, Scottish and Welsh courts, holding that the Government is not legally obliged to consult with the devolved powers. This decision avoids the problematic situation which could have arisen if the devolved powers returned differing responses to the consultation.
The case centres on the interpretation of the European Communities Act 1972 (‘the ECA’) which confirms and establishes the UK’s obligations under EU treaties. Despite the decision of the EU referendum in June 2016, the ECA remains in place and continues to act as an overriding source of domestic law.
The Court ruled that the authority of the ECA can only be removed by an Act of Parliament. Therefore, the ability to trigger Article 50 and withdraw from the EU and the authority of the ECA must rest with Parliament.
The need for prior parliamentary authority was underscored by the fact that withdrawal from the EU would affect existing domestic rights of UK residents. A decision affecting such rights must take the form of duly debated legislation.
The Prime Minister emphasised last week her commitment to a swift Brexit so a Bill giving effect to this judgement is likely to be tabled soon.
Countries / Territories
- 🌐
Related contacts
Related offices
Related contacts
Related offices
Related contacts
Related offices
Explore more at Fragomen

Blog post
Associates Stephanie Fitton and Halil Kaya and Paralegal Marcus Alexander Lang-Rawlings discuss how UK changes to the Skilled Worker visa in 2025 are reshaping sports sector employment.

Blog post
Assistant Business Immigration Managers Jeszel Panistante-Cabral, Elsie Lim and Nellanie Quimson explore the complexities young professionals face entering the workforce and the evolving hiring landscape in Singapore.

Blog post
Director David Iannella discusses Fragomen Germany’s approach to outbound immigration solutions and how the office supports global mobility through visa services and compliance expertise.

Blog post
Corporate Services Manager Asfandyar Sheikh and Assistant Corporate Services Manager Ka-Ying Leung discuss Saudi Arabia’s push for corporate transparency through new ownership disclosure rules.

Video
In this video, we share an overview of Fragomen's posted worker compliance solutions.

Blog post
Partner Jo Antoons and Managers Sara Fekete and Andreia Florina Ghimis explore how digitalization is reshaping European compliance programs and share how organizations can prepare with Fragomen’s support.

Media mentions
Partner Rajiv Naik examines how the UK’s industrial strategy and immigration reforms will reshape talent access and create new opportunities for HR and mobility teams.

Media mentions
Partner Audrea Golding discusses recent changes requiring most H-1B visa holders and certain dependents to complete in-person interviews abroad for visa renewals.

Podcast
Partner Cosmina Morariu and Business Immigration Manager Ayana Ibrahimi are joined by Lara Dyer, Chief Program Officer (Americas) at Talent Beyond Boundaries, to explore Canada’s EMPP.

Blog post
Director Johannes Kgotso Tiba explains the legal process and key considerations for individuals seeking to regain South African citizenship after renunciation or loss.

Blog post
Partner Kenneth Lau discusses the development and implications of Vietnam's updated work permit regulations.

Blog post
This blog explores Vietnam’s evolving work permit regulations amid growing foreign investment.

Blog post
Associates Stephanie Fitton and Halil Kaya and Paralegal Marcus Alexander Lang-Rawlings discuss how UK changes to the Skilled Worker visa in 2025 are reshaping sports sector employment.

Blog post
Assistant Business Immigration Managers Jeszel Panistante-Cabral, Elsie Lim and Nellanie Quimson explore the complexities young professionals face entering the workforce and the evolving hiring landscape in Singapore.

Blog post
Director David Iannella discusses Fragomen Germany’s approach to outbound immigration solutions and how the office supports global mobility through visa services and compliance expertise.

Blog post
Corporate Services Manager Asfandyar Sheikh and Assistant Corporate Services Manager Ka-Ying Leung discuss Saudi Arabia’s push for corporate transparency through new ownership disclosure rules.

Video
In this video, we share an overview of Fragomen's posted worker compliance solutions.

Blog post
Partner Jo Antoons and Managers Sara Fekete and Andreia Florina Ghimis explore how digitalization is reshaping European compliance programs and share how organizations can prepare with Fragomen’s support.

Media mentions
Partner Rajiv Naik examines how the UK’s industrial strategy and immigration reforms will reshape talent access and create new opportunities for HR and mobility teams.

Media mentions
Partner Audrea Golding discusses recent changes requiring most H-1B visa holders and certain dependents to complete in-person interviews abroad for visa renewals.

Podcast
Partner Cosmina Morariu and Business Immigration Manager Ayana Ibrahimi are joined by Lara Dyer, Chief Program Officer (Americas) at Talent Beyond Boundaries, to explore Canada’s EMPP.

Blog post
Director Johannes Kgotso Tiba explains the legal process and key considerations for individuals seeking to regain South African citizenship after renunciation or loss.

Blog post
Partner Kenneth Lau discusses the development and implications of Vietnam's updated work permit regulations.

Blog post
This blog explores Vietnam’s evolving work permit regulations amid growing foreign investment.