EEA court case 鈥榳as premature鈥�
High Court case seeking to keep UK in EEA was thrown out by judges.
A new High Court case for judicial review arguing that the UK government has no right to take the country out of the wider European Economic Area (EEA) when it invokes the EU鈥檚 鈥榓rticle 50鈥� exit clause has been thrown out as too 鈥榩remature鈥�.
If Britain was to stay in the EEA it would remain in the single market 鈥� safeguarding many expat rights. A group of claimants argued that a separate MPs鈥� vote is needed to leave it because the UK鈥檚 EEA membership is separate to its EU membership (see previous story ). They said there is a specific mechanism, article 127 of the 1994 Agreement on the EEA, which relates to leaving it.
One of the claimants, Peter Wilding of pro-single market think tank British Influence, said the judges told them today their request was refused because their 鈥渓egal case is solid and arguable鈥� but 鈥減remature鈥� because the precise mechanism by which the government intends to leave the EEA has not yet been clarified.
That is despite the fact the government stated in its Brexit white paper it wishes to leave the single market.
He added: 鈥淲e are moving now from the legal approach to a political one. What this case has done is put the government on notice that this is an issue 鈥� before we raised it they didn鈥檛 know.
鈥淪econdly we鈥檝e alerted MPs to the fact this exists and they have a right to challenge it, so while it鈥檚 disappointing it means we鈥檝e nailed our colours to the mast and those who are against us leaving the single market know this is something separate from leaving the EU. Now we must lobby MPs to make sure the government doesn鈥檛 pull a fast one on them.鈥�
Mr Wilding said it is possible they will try again later. 鈥淭he judge was clear that our case was robust, so yes. And if the government does make it clear it is leaving the EEA without a parliamentary vote on triggering article 127 then we鈥檒l bring the case again.鈥�
He said the judges speculated on ways it might be done, such as including triggering article 127 in the 鈥楪reat Repeal Bill鈥� coming up in the next session of parliament or a separate EEA repeal bill.
