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Funds sought for Brexit court case in Ireland | Funds sought for Brexit court case in Ireland |
(about 17 hours later) | |
A British lawyer has launched a drive to raise funds for a court case in Ireland to find out if the process of Britain leaving the EU could be halted. | A British lawyer has launched a drive to raise funds for a court case in Ireland to find out if the process of Britain leaving the EU could be halted. |
Jolyon Maugham QC wants the case to go to the European Court of Justice for a ruling on whether British MPs could reject a Brexit deal after it is done. | Jolyon Maugham QC wants the case to go to the European Court of Justice for a ruling on whether British MPs could reject a Brexit deal after it is done. |
He wants to raise £70,000 in donations to start proceedings. | He wants to raise £70,000 in donations to start proceedings. |
The case will also raise the possibility that Article 50 has in fact been triggered already. | The case will also raise the possibility that Article 50 has in fact been triggered already. |
Mr Maugham says he anticipates that UK MEPs will be the plaintiffs in the court action against the Irish government and EU institutions for alleged breaches of Article 50. | Mr Maugham says he anticipates that UK MEPs will be the plaintiffs in the court action against the Irish government and EU institutions for alleged breaches of Article 50. |
If it has already been triggered, he argues, the Commission is in breach of its duties by not starting Brexit negotiations. | If it has already been triggered, he argues, the Commission is in breach of its duties by not starting Brexit negotiations. |
However, if Article 50 has not yet been triggered, he argues that the EU Council and Irish state are in breach of their duties by excluding the UK from Council meetings. | However, if Article 50 has not yet been triggered, he argues that the EU Council and Irish state are in breach of their duties by excluding the UK from Council meetings. |
If the funding is gathered, the Irish, and potentially the EU courts will be asked whether parliament should be having a say on the final deal negotiated between the EU and Britain. | If the funding is gathered, the Irish, and potentially the EU courts will be asked whether parliament should be having a say on the final deal negotiated between the EU and Britain. |
By bringing this case in the Irish Republic, Mr Maugham believes the EU's highest court in Luxembourg will have to consider the issue. | |
'Deliver certainty' | 'Deliver certainty' |
Mr Maugham said: "Everyone - those who voted Leave and Remain; the people and Government of Ireland - deserves to know the answer to these questions. People must plan their lives. Businesses need certainty to invest. | Mr Maugham said: "Everyone - those who voted Leave and Remain; the people and Government of Ireland - deserves to know the answer to these questions. People must plan their lives. Businesses need certainty to invest. |
"The people of Ireland are entitled to a Government that can work for the best possible future for Ireland. It's right that we all have the maximum certainty that the law can give. | "The people of Ireland are entitled to a Government that can work for the best possible future for Ireland. It's right that we all have the maximum certainty that the law can give. |
"Referring these questions to the Court of Justice of the European Union is the only way to deliver that certainty." | "Referring these questions to the Court of Justice of the European Union is the only way to deliver that certainty." |
BBC diplomatic correspondent James Landale said: "The government's been arguing in the Supreme Court all week that parliament should not have the right to decide when Brexit negotiations should start. | BBC diplomatic correspondent James Landale said: "The government's been arguing in the Supreme Court all week that parliament should not have the right to decide when Brexit negotiations should start. |
"Now it's facing a second legal challenge to see if parliament has the right to decide when the talks should stop." | "Now it's facing a second legal challenge to see if parliament has the right to decide when the talks should stop." |
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