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European Union (Notification of Withdrawal) Act 2017

The European Union (Notification of Withdrawal) Act 2017 was an Act of the Parliament of the United Kingdom that enabled the UK government to formally notify the European Union of its intention to withdraw from the European Union under Article 50 of the Treaty on European Union. Passed swiftly after the 2016 EU referendum, the Act received Royal Assent on March 16, 2017.

Key Provisions:

  • Notification of Withdrawal: The Act empowered the Prime Minister to trigger Article 50 by notifying the European Council of the UK's intention to leave the EU. This single act initiated the two-year withdrawal process outlined in Article 50.
  • Parliamentary Scrutiny: While the Act granted the Prime Minister the power to trigger Article 50, it did not allow for a full parliamentary vote on the terms of Brexit itself, a point of significant political contention at the time. The debate centered around the level of parliamentary sovereignty versus the executive's prerogative in matters of international relations.
  • Time Limit: The Act itself did not set a specific deadline for withdrawal, as the timeframe was governed by Article 50's two-year period (extendable by unanimous agreement of the EU member states).
  • No Referendum Clause: Crucially, the Act did not include any provision for a second referendum on the terms of the withdrawal, despite significant public and political debate on this issue.

Significance:

The Act was a landmark piece of legislation, marking the formal commencement of the UK's departure from the European Union. Its passage highlighted the complex interplay between parliamentary sovereignty, executive power, and the constitutional implications of leaving a major international organization. The debate surrounding the Act also foreshadowed many of the political battles that would define the subsequent Brexit process.

Subsequent Developments:

The notification was triggered on March 29, 2017. The ensuing negotiations and subsequent withdrawal agreement were far more complex than initially anticipated, leading to significant political upheaval and ultimately resulting in the UK's formal departure on January 31, 2020. The Act itself was ultimately superseded by the completion of the withdrawal process and subsequent trade agreements.