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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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