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IN THE COURT OF SESSION
NOTE OF ARGUMENT
for the respondent
in the petition of
(FIRST) ANDY WIGHTMAN MSP, MG.21, The Scottish Parliament,
Edinburgh;
(SECOND) ROSS GREER MSP, MG.21, The Scottish Parliament, Edinburgh;
(THIRD) ALYN SMITH MEP, PO Box 6469, Wick;
(FOURTH) DAVID MARTIN MEP, 43 Midlothian Innovation Centre,
Pentlandfield, Midlothian;
(FIFTH) CATHERINE STIHLER MEP, PO Box 29253 Dunfermline;
(SIXTH) JOLYON TOBY DENNIS MAUGHAM QC, Devereux Chambers,
Queen Elizabeth Building, Temple, London; and
(SEVENTH) JOANNA CHERRY MP, 139 Dundee Street, Edinburgh
PETITIONERS
against
SECRETARY OF STATE FOR EXITING THE EUROPEAN UNION, Office
of the Advocate General for Scotland, Victoria Quay, Edinburgh
RESPONDENT
______________________
1. Background
[1] On 23 June 2016 the people of the United Kingdom voted to leave the
European Union.
[2] Article 50(2) of the Treaty on European Union (TEU) provides, inter
alia:
“A Member State which decides to withdraw shall notify the European
Council of its intention.”
[3] On 16 March 2017 Royal Assent was given to the European Union
(Notification of Withdrawal) Act 2017, authorising the Prime Minister
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to notify under Article 50(2) of the Treaty on European Union (TEU)
the United Kingdom’s intention to withdraw from the European
Union.
[4] On 29 March 2017 the Prime Minister gave notice under Article 50(2),
TEU of the United Kingdom’s intention to withdraw.
[5]
The petitioners seek a preliminary reference to the Court of Justice of
the European Union (CJEU) under Article 267 of the Treaty on the
Functioning of the European Union (TFEU); and then a declarator in
the light of the same specifying “whether, when and how … [the Article
50(2) notification] … can unilaterally be revoked by the United Kingdom.”
[6]
The Government’s stated position is that the Article 50(2), TEU
notification will not be withdrawn.
[7]
In the light of that stated position, no genuine dispute arises as to the
proper