Almost two months have passed since Brits went to the poll and voted to leave the European Union. The economic and political ramifications of the Brexit vote have yet to emerge and now a new kink in the process has now been introduced. The legal right for the country to forfeit its membership in the EU is being questioned by Northern Ireland and the challenge may bring an abrupt halt to U.K.’s plans to leave.
Back in 1998, the U.K. signed a peace treaty with Northern Ireland called the Good Friday Agreement bringing decades of violence between the two regions to an end. The law firm of McIvor Farrell Solicitors has now filed a case in the high court in Belfast arguing that an exit from the EU is unlawful until members of the British House of Commons vote to approve the move.
The law firm is representing Raymond McCord of the Victim’s Rights Campaign whose son was killed by loyalist paramilitaries in 1997. McCord claims that the divorce from the EU would be an abrogation of his fundamental rights.
According to the law suit, an exit from the EU would be unlawful until members of The British public vote to do so by a slim majority; most voters in Northern Ireland voted on June 23rd in favor of maintaining the relationship, with 56% voting ‘Remain’ and putting it at odds with the United Kingdom’s overall 52-48% result in favor of leaving. They claim that the referendum is not legally binding, but only advisory in nature.
Other judicial challenges being brought by groups and individuals against Brexit also say the government has no legal power to trigger a formal divorce from the European Union by invoking Article 50 of the EU Lisbon Treaty, without parliament’s approval. Many cabinet members, however, say no parliamentary approval is necessary for the break.
An initial hearing is scheduled for next week.