Important Updates
Important Updates
December 12, 2025 | PolandPoland: Extensive Reforms Include Digital-Only Rule for Residence Permits and Work Permit Exemption Restrictions
December 12, 2025 | BelgiumBelgium: Shortage Occupation List Updates in Wallonia and Flanders
December 12, 2025 | United States, United KingdomLeading Britain's Conversation: The US Wants to Review Your Instagram Stories - Just in Time for the World Cup
December 12, 2025 | 🌐Minimum Salary Changes Announced
December 12, 2025 | United States, New ZealandNewstalk ZB: Explained: Do Prospective Kiwi Tourists to the US Need to Be Careful?
December 12, 2025 | PolandPoland: Extensive Reforms Include Digital-Only Rule for Residence Permits and Work Permit Exemption Restrictions
December 12, 2025 | BelgiumBelgium: Shortage Occupation List Updates in Wallonia and Flanders
December 12, 2025 | United States, United KingdomLeading Britain's Conversation: The US Wants to Review Your Instagram Stories - Just in Time for the World Cup
December 12, 2025 | 🌐Minimum Salary Changes Announced
December 12, 2025 | United States, New ZealandNewstalk ZB: Explained: Do Prospective Kiwi Tourists to the US Need to Be Careful?
December 12, 2025 | PolandPoland: Extensive Reforms Include Digital-Only Rule for Residence Permits and Work Permit Exemption Restrictions
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

Brexit: Parliament Must Approve Triggering of Article 50

January 24, 2017

Countries / Territories

  • 🌐

Related contacts

gemma_hyslop

Gemma Hyslop

Director

London, United Kingdom

Email

[email protected]

T:+44 (0) 207 090 9316

Related offices

  • Brussels (Benelux)
  • Frankfurt
  • Sheffield

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

gemma_hyslop

Gemma Hyslop

Director

London, United Kingdom

Email

[email protected]

T:+44 (0) 207 090 9316

Related offices

  • Brussels (Benelux)
  • Frankfurt
  • Sheffield

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

gemma_hyslop

Gemma Hyslop

Director

London, United Kingdom

Email

[email protected]

T:+44 (0) 207 090 9316

Related offices

  • Brussels (Benelux)
  • Frankfurt
  • Sheffield

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

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

gemma_hyslop

Gemma Hyslop

Director

London, United Kingdom

Email

[email protected]

T:+44 (0) 207 090 9316

Related offices

  • Brussels (Benelux)
  • Frankfurt
  • Sheffield

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

gemma_hyslop

Gemma Hyslop

Director

London, United Kingdom

Email

[email protected]

T:+44 (0) 207 090 9316

Related offices

  • Brussels (Benelux)
  • Frankfurt
  • Sheffield

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

gemma_hyslop

Gemma Hyslop

Director

London, United Kingdom

Email

[email protected]

T:+44 (0) 207 090 9316

Related offices

  • Brussels (Benelux)
  • Frankfurt
  • Sheffield

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Video

Minimum Annual Remuneration Threshold Increases for Employment Permits in Ireland | #MobilityMinute

In the Mobility Minute, Practice Leader Colm Collins outlines upcoming changes to Ireland’s employment permit qualifying criteria and the steps employers should take ahead of the 1 March 2026 implementation.

Learn more

Media mentions

Leading Britain's Conversation: The US Wants to Review Your Instagram Stories - Just in Time for the World Cup

Partner Charlotte Slocombe discusses what travellers to the US under the Visa Waiver Program need to disclose and consider before travelling.

Learn more

Media mentions

Newstalk ZB: Explained: Do Prospective Kiwi Tourists to the US Need to Be Careful?

Counsel Brian Hunt discussed US Customs and Border Protection's proposed changes to the ESTA application process regarding social media and additional personal information.

Learn more

Media mentions

Times of India: The Trump Gold Card: All That Glitters Is Not Gold for Indians

Senior Counsel Mitch Wexler explains key considerations for Indian applicants under the new Gold Card program.

Learn more

Video

Apostille vs. Legalisation | #MobilityMinute

In this Mobility Minute, Manager Maja Sugui outlines key legalisation requirements when the Apostille Convention does not apply or when country-specific exceptions exist.

Learn more

Media mentions

Sports Illustrated: 2026 World Cup Visitors to US Set to Face Extreme Social Media Scrutiny

Partner Bo Cooper highlights that visitors to the US under the visa waiver program for the 2026 World Cup could face a more extensive ESTA application process.

Learn more

Media mentions

New India Abroad: Firms Ensuring H-1B Workers in US to Avoid New Fee, Says Top Immigration Lawyer

Partners Aaron Blumberg and K. Edward Raleigh outline how recent US visa policy changes affect H-1B and H-4 workers and how employers are adjusting compliance and work authorization processes.

Learn more

Media mentions

Tagesspiegel: Arbeitskräfte aus dem Nahen Osten: Neue Partnerschaft erleichtert Immigration

Senior Manager Katharina Vorländer emphasizes the importance of legal support in helping skilled professionals navigate work-based immigration to Germany.

Learn more

Blog post

UK Expands HPI Visa: What’s New in 2025

The UK expands its High Potential Individual (HPI) visa for 2025, broadening eligibility for global graduates and entrepreneurs while introducing new requirements and application caps

Learn more

Media mentions

The New York Times: US Plans to Scrutinize Foreign Tourists’ Social Media History

Partner Bo Cooper discusses the US proposal to expand social media screening for visitors from visa waiver countries and the broader shift it represents in travel vetting.

Learn more

Video

UK Widens Access to the High Potential Individual Visa to Attract the World’s Top Graduate Talent | #MobilityMinute

The latest Mobility Minute features Manager Alex Hood discussing recent updates to the UK’s High Potential Individual route, including expanded university eligibility, a new annual cap and modernized governance measures.

Learn more

Media mentions

International Organisation of Employers: The Gulf Experience: Building a Skilled Workforce in the UAE

Managing Partner for the Middle East and Africa Murtaza Khan discusses how the UAE’s flexible migration policies attract talent and support a competitive labour market.

Learn more

Video

Minimum Annual Remuneration Threshold Increases for Employment Permits in Ireland | #MobilityMinute

In the Mobility Minute, Practice Leader Colm Collins outlines upcoming changes to Ireland’s employment permit qualifying criteria and the steps employers should take ahead of the 1 March 2026 implementation.

Learn more

Media mentions

Leading Britain's Conversation: The US Wants to Review Your Instagram Stories - Just in Time for the World Cup

Partner Charlotte Slocombe discusses what travellers to the US under the Visa Waiver Program need to disclose and consider before travelling.

Learn more

Media mentions

Newstalk ZB: Explained: Do Prospective Kiwi Tourists to the US Need to Be Careful?

Counsel Brian Hunt discussed US Customs and Border Protection's proposed changes to the ESTA application process regarding social media and additional personal information.

Learn more

Media mentions

Times of India: The Trump Gold Card: All That Glitters Is Not Gold for Indians

Senior Counsel Mitch Wexler explains key considerations for Indian applicants under the new Gold Card program.

Learn more

Video

Apostille vs. Legalisation | #MobilityMinute

In this Mobility Minute, Manager Maja Sugui outlines key legalisation requirements when the Apostille Convention does not apply or when country-specific exceptions exist.

Learn more

Media mentions

Sports Illustrated: 2026 World Cup Visitors to US Set to Face Extreme Social Media Scrutiny

Partner Bo Cooper highlights that visitors to the US under the visa waiver program for the 2026 World Cup could face a more extensive ESTA application process.

Learn more

Media mentions

New India Abroad: Firms Ensuring H-1B Workers in US to Avoid New Fee, Says Top Immigration Lawyer

Partners Aaron Blumberg and K. Edward Raleigh outline how recent US visa policy changes affect H-1B and H-4 workers and how employers are adjusting compliance and work authorization processes.

Learn more

Media mentions

Tagesspiegel: Arbeitskräfte aus dem Nahen Osten: Neue Partnerschaft erleichtert Immigration

Senior Manager Katharina Vorländer emphasizes the importance of legal support in helping skilled professionals navigate work-based immigration to Germany.

Learn more

Blog post

UK Expands HPI Visa: What’s New in 2025

The UK expands its High Potential Individual (HPI) visa for 2025, broadening eligibility for global graduates and entrepreneurs while introducing new requirements and application caps

Learn more

Media mentions

The New York Times: US Plans to Scrutinize Foreign Tourists’ Social Media History

Partner Bo Cooper discusses the US proposal to expand social media screening for visitors from visa waiver countries and the broader shift it represents in travel vetting.

Learn more

Video

UK Widens Access to the High Potential Individual Visa to Attract the World’s Top Graduate Talent | #MobilityMinute

The latest Mobility Minute features Manager Alex Hood discussing recent updates to the UK’s High Potential Individual route, including expanded university eligibility, a new annual cap and modernized governance measures.

Learn more

Media mentions

International Organisation of Employers: The Gulf Experience: Building a Skilled Workforce in the UAE

Managing Partner for the Middle East and Africa Murtaza Khan discusses how the UAE’s flexible migration policies attract talent and support a competitive labour market.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.