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According to the resolution of the High court, the process of Britain’s withdrawal from the EU has to be discussed with parliamentarians of the country. The major part of the Parliament did not support the idea of separating from Europe. According to experts, the obligation of the government to consult the Parliament will not stop Brexit, but will significantly slow down the functioning of its mechanisms.

On the 3d of November there appeared a resolution of the High court, which obliges the bodies of executive power of the Great Britain to consult the Parliament about the terms of the country’s withdrawal from the European Union, which could lead to the complication and prolongation of the whole process.

In accordance with a long tradition, Theresa May, like all Prime Ministers, is a member of the house of Commons while the government with the Cabinet of Ministers are responsible to Parliament. However, in this situation we are talking about participation of the legislative power in the development of conditions of the agreement under which Britain will leave the EU. Thus, the Parliament claims not just on monitoring the executive authorities, but also to participate in shaping the country’s foreign policy.

The argument between the two branches of power was caused by the position of Prime Minister, Theresa May. The Prime Minister supposes that a head of the government has the right to conduct negotiations with the EU, even without approval of Parliament due to the Royal prerogative. The Royal prerogative includes the right to issue decrees personally, without further consultation with other bodies. Now the prerogative is passed into the hands of the government headed by the Prime Minister and acting on behalf of the monarch. Therefore, the government disagrees with the decision of the High court and has announced its intention to appeal. Despite all the arguments of the representatives of the executive branch, the chief justice found them unreasonable. The ruling said: “The Royal prerogative does not give government the right to issue a decree on the British exit from the European Union.”

It does not necessarily mean, however, the abolition of Brexit, according to experts in the field of political analysis. The concern of the government was caused mostly by the difficulties and delays associated with a new approval procedure of the circumstances of withdrawal from the EU, not by the threat of failure of all negotiations. In addition, the government fears that due to the verdict of the High court, members of Parliament can obtain a tool of pressure on the Executive branch and form the agenda of such Brexit conditions, which would be directly contrary to the ideas of the government and the Prime Minister. But the decision to leave the group of member countries of the European Union was adopted by the people through referendum, and that is why it is unlikely that the Parliament will decide to oppose the process, despite initial divergence of opinion.

The verdict was the result of an appeal of Brexit opponents and was perceived by the government and the Prime Minister Theresa May as a legal way to go against the decision made after the results of a nationwide referendum. However, critics of the political line of Prime Minister fear that in case of the lack of consultation with the legislative body of the country, the Parliament will lose opportunity to participate in the approval of the terms of secession from the EU, which could lead to a situation in which parliamentarians will have to formally approve initially unacceptable conditions and terms.

The process of withdrawal of the British Kingdom from the European Union was launched after a national referendum held on 23 June this year. The results of the referendum showed that 52% of voters supported withdrawal from the EU. About 72% of the British citizens participated in voting.

Anastasia Borisova

By author Anastasia Borisova