
Countries / Territories
- 🌐
Related contacts
Related contacts
Related contacts
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 contacts
Related contacts
Explore more at Fragomen
Awards
Fragomen is recognized with multiple honors at the 2026 FEM Americas EMMAs, including Outstanding Agility & Crisis Management as a Service Provider and Thought Leadership – Best Survey or Research Study of the Year for the Worldwide Immigration Trends Report 2026.
Blog post
Destination Services Director Christine Sperr examines how housing market reforms, rent stabilization measures and cost-of-living dynamics in Saudi Arabia are influencing workforce mobility, compensation planning and long-term settlement strategies under Vision 2030.
Visas
Manager Dr. Adela Schmidt explains how German authorities assess past travel and business activities and why suspected unauthorized work during prior visits can lead to visa refusals and temporary entry bans.
Podcast
Partner Cosmina Morariu and Senior Director Leah Rogal discuss the mission of Fragomen’s Center for Strategy and Applied Insights and how it helps organizations and governments navigate evolving immigration policy and global talent mobility challenges.
Fragomen news
Fragomen and Papaya Global announce a strategic partnership combining workforce technology and immigration capabilities to help organizations simplify global mobility, enhance compliance and manage cross-border workforces through a more integrated, technology-enabled approach.
Video
Latin America & the Caribbean Managing Partner Leonor Echeverria explores how Latin America’s evolving immigration landscape offers accessible and flexible residence pathways for foreign nationals, highlighting key visa options, regional trends and the growing role of digital modernization across the region.
Podcast
Senior Associate Stephanie Weaver and Associate Julia Manacher continue their discussion on immigration law in popular culture, examining how television and media portray immigration processes and the realities behind common immigration storylines.
Media mentions
Partner Kevin Miner discusses how proposed H-1B salary threshold increases may raise employer costs and influence hiring strategies for specialized talent across industries.
Video
In this Mobility Minute, Manager Pierangelo D’Errico discusses Portugal’s newly approved nationality law changes and the potential impact on Golden Visa applicants and other foreign residents.
Media mentions
Partner Rajiv Naik highlights the importance of transparency, clear guidance and human oversight as AI use expands in UK immigration tribunals.
Video
Senior Associate Tuğba Özyakup outlines how Europe’s Entry and Exit System (EES) introduces digital tracking of non-EU short-stay travel across the Schengen Area, requiring more proactive planning, accurate record-keeping and awareness of increased border processing times to avoid delays and overstay risks.
Awards
Fragomen is recognized with multiple honors at the 2026 FEM Americas EMMAs, including Outstanding Agility & Crisis Management as a Service Provider and Thought Leadership – Best Survey or Research Study of the Year for the Worldwide Immigration Trends Report 2026.
Blog post
Destination Services Director Christine Sperr examines how housing market reforms, rent stabilization measures and cost-of-living dynamics in Saudi Arabia are influencing workforce mobility, compensation planning and long-term settlement strategies under Vision 2030.
Visas
Manager Dr. Adela Schmidt explains how German authorities assess past travel and business activities and why suspected unauthorized work during prior visits can lead to visa refusals and temporary entry bans.
Podcast
Partner Cosmina Morariu and Senior Director Leah Rogal discuss the mission of Fragomen’s Center for Strategy and Applied Insights and how it helps organizations and governments navigate evolving immigration policy and global talent mobility challenges.
Fragomen news
Fragomen and Papaya Global announce a strategic partnership combining workforce technology and immigration capabilities to help organizations simplify global mobility, enhance compliance and manage cross-border workforces through a more integrated, technology-enabled approach.
Video
Latin America & the Caribbean Managing Partner Leonor Echeverria explores how Latin America’s evolving immigration landscape offers accessible and flexible residence pathways for foreign nationals, highlighting key visa options, regional trends and the growing role of digital modernization across the region.
Podcast
Senior Associate Stephanie Weaver and Associate Julia Manacher continue their discussion on immigration law in popular culture, examining how television and media portray immigration processes and the realities behind common immigration storylines.
Media mentions
Partner Kevin Miner discusses how proposed H-1B salary threshold increases may raise employer costs and influence hiring strategies for specialized talent across industries.
Video
In this Mobility Minute, Manager Pierangelo D’Errico discusses Portugal’s newly approved nationality law changes and the potential impact on Golden Visa applicants and other foreign residents.
Media mentions
Partner Rajiv Naik highlights the importance of transparency, clear guidance and human oversight as AI use expands in UK immigration tribunals.
Video
Senior Associate Tuğba Özyakup outlines how Europe’s Entry and Exit System (EES) introduces digital tracking of non-EU short-stay travel across the Schengen Area, requiring more proactive planning, accurate record-keeping and awareness of increased border processing times to avoid delays and overstay risks.


