Jolyon Maugham lodged the "letter before action" — the precursor step to proceedings in the Irish High Court — January 13, to clarify EU citizenship rights in the event of the UK's departure from the European Union.
The case centers on Article 50 of the Treaty of Lisbon — one of the core EU treaties — which is due to be invoked by the UK Government, triggering the start of negotiations to leave the EU, following the In-Out referendum, June 2016.
Maugham is asking the Irish court to refer the issue to the European Court of Justice asking whether Britain has the right to revoke Article 50 if it does not like the terms of its new relationship with the EU post-Brexit.
Dublin Case — Press Release https://t.co/uNv2gFkQrz
— Jo Maugham QC (@JolyonMaugham) 12 January 2017
If the European Court of Justice were to rule that Article 50 is revocable, it would give the UK power to reject the outcome of Article 50 negotiations and remain in the EU should the Brexit negotiations being led by UK Brexit Secretary David Davis MP result in a deal that was not acceptable to the UK Parliament or British voters.
"Without this ruling, Britain will be forced to take whatever deal Mr. Davis emerges with, or leave with no deal on a range of crucial economic and social issues, including access for British firms to the single market, and the rights of British citizens living, travelling or wishing to retire in Europe," Maugham said.
"The United Kingdom must retain sovereignty over the shape of its future relationship with the EU. If we change our minds we must be able to withdraw the notice without needing the consent of the other 27 Member States. I want to establish clarity for British voters and deliver sovereignty to the British Parliament over the question of its future relationship with its biggest trading partner, Maugham said.
Exclusion
In his letter, Maugham also questions why — since the UK has not yet triggered Article 50 — it is being excluded from EU meetings where Brexit is being discussed. Article 50 states that — once a country has invoked it — that country shall be excluded from discussion with the remaining members.Theresa May has been forced to absent herself from parts or all of some recent EU meetings before she has invoked Article 50.
"It is our clients' case that various Articles of the TEU and the Treaty for the Functioning of the European Union were breached and or compromised by the State and the other 27 EU Member States in flagrant disregard of their obligations in advance of a formal Article 50 notification being presented by the UK to the European Council," the letter states.
