Following Brexit it is for the UK to invoke Article 50 of the Lisbon Treaty. Since the historic Referendum result for leaving there has been speculation about how art.50 works, text below.
1. Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements.
2. A Member State which decides to withdraw shall notify the European Council of its intention.”
As art.50 makes clear it is the for Member State concerned, the UK, to make any such decision in accordance with its own constitutional requirements and procedures. For the UK that has been the historic Referendum. Constitutionally the people have voted in favour of leaving the UK, with the largest ever number of votes on any single issue in UK history.
Leading political figures have bowed to the democratic decision and sovereign will of the people, which Parliament will now implement. So Brexit as such is constitutionally a given.
But the timing and terms of the UK leaving the EU is though still to be decided. It is up to the UK government to decide when and how to invoke art.50 to best advantage for all sides. Currently, late June 2016, that is thought most likely to be in the months ahead when a new Prime Minister and fresh cabinet is in place (although political events may intervene).
Tax Barrister, Accountant