Blog di discussione su problemi di relazioni e politica internazionale; un osservatorio per capire la direzione del mondo. Blog for discussion on problems of relations and international politics; an observatory to understand the direction of the world.
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martedì 24 gennaio 2017
United Kingdom: The exit from Europe will have to be approved by parliament
The British Supreme Court has decided that the output of the UK from Europe must be approved by the Parliament in London. This
decision goes beyond the intention of the Government of Teresa May,
using the so-called "royal prerogative", which allows the executive
English to take some decisions on behalf of the Crown, without
consulting the legislative body. This
was just the way that the British government had decided to take to get
out by the European Union through the application of Article 50 of the
Lisbon Treaty. Without
parliamentary passage of the London government could enjoy greater
freedom of action and a faster procedure, however, the use of some
English citizens and the Scottish Government, the Supreme Court, in
favor of a pronouncement of parliament put questioned
the program of May, the Supreme Court decision was not obvious, but
certainly to be expected, given the political and historical weight of
the English parliament, which could not be excluded from a decision of
such importance. This
value, moreover, was confirmed by the decision taken in favor of the
judges of the Court with seven in favor, against just three against; numbers that point to a uniformity of the vote in favor of the parliamentary pronouncement. The
legal reason for the decision appears to be inherent in the belief that
the royal prerogative, which appealed the government, can not be used
to undermine the sovereignty of the parliament in relation to the
formation of laws, necessary means, through which you will have to set
the ' output in the United Kingdom by the European Union. The
decision of the Court does not overturn the decision of the British
people during the referendum on the exit from Europe, but, in essence,
reiterates, Law Enforcement, to which even the British government should
be subject. The
decision of the Supreme Court, then, reiterates what already decided,
as of November 4, 2016, the British High Court, where it had been the
first instance of the application and is the final judgment on the
matter. Politically
not seem to change anything, it seems very hard, in fact, that the
parliament intends to overturn the result of the referendum, however,
for the government the leeway to decide the exit from Europe are
reduced: in a country divided into two, the favorable exit
from Europe is 52%, concentrated in the countryside and in the British
suburbs, compared with 48% in favor, concentrated in the cities, the
government has adapted only to the will of the winners, regardless of
the reasons of the defeated. The
obligation for the government to write the bill for the Union output,
which should be evaluated by parliament, could favor the opposition, if
he wants to represent instances of those who voted no, to mitigate the
terms and output conditions from Brussels. Technically,
the executive must present a bill as short and concise as possible, to
avoid any parliamentary changes, however, the opinion of the Legal
consulted by the executive, seems to be strongly opposed to this option,
because it could open up numerous lawsuits in the future . Within
the two parties there is a transverse alignment, although more numerous
in the Labour Party, which likes an output less rigid and that leaves
from the space to keep more contacts with the European Union, which
always is, even without the kingdom Kingdom, most extensive and valuable single market in the world. If
you will turn a political conflict, also only able to slow the program
Theresa May, the executive in charge could be a loss to all practical
policy to be evaluated.
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