Written question asked by Lord Stoddart of Swindon (Independent Labour) on Wednesday, 30 November 2016, in the House of Lords. It was due for an answer on Wednesday, 14 December 2016. It was answered by Lord Bridges of Headley (Conservative) on Wednesday, 14 December 2016 on behalf of the Department for Exiting the European Union.

Brexit

Question: To ask Her Majesty’s Government what advice they have received on whether the European Court of Justice has any jurisdiction over the manner and timing of the triggering of the use of Article 50 of the Lisbon Treaty.

Answer: Article 50 of the Treaty of the European Union states that 'any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements' and 'shall notify the European Council of its intention'. It is for the Member State concerned to determine what its constitutional requirements are. The manner in which the notice is given - to the European Council - is clearly set out in Article 50 itself. On the timing, the Prime Minister has been clear that we will notify by the end of March 2017.

Secondary information