BRITISH Prime Minister Theresa May, is facing a major new legal challenge over Brexit, with an expat in Spain playing a major role.
Sue Wilson, Chair of Bremain in Spain – a group campaigning tirelessly for the rights of British citizens in Spain and the EU – is lead claimant of a group of British citizens living in EU27 countries which has issued a court challenge against Brexit.
In summary, the claim argues that the illegal conduct of Leave organisations during the 2016 Referendum campaign should nullify the Prime Minister’s decision to notify the EU of the UK’s intention to withdraw.
It is hoped that the case will be heard on an expedited basis and referred promptly to the Supreme Court.
The premise for the legal challenge is that the triggering of Article 50 was not in line with ‘constitutional requirements’.
They claim that had it been a binding referendum, the result would be declared null and void, adding that in their view it cannot be right that a non-binding referendum on which politicians nevertheless decide to act is not subject to the same scrutiny.
The court will be asked to declare that the Prime Minister’s decision to notify the European Council of the UK’s intention to leave the EU be set aside.
Sue Wilson says: “The Electoral Commission found ‘beyond a reasonable doubt’ that Vote Leave broke the law by exceeding spending limits during the Brexit referendum campaign. This matter has now been referred to the police for a criminal investigation.
Our case will argue that the electoral offences nullify both the result of the referendum and, given that she relied upon that ‘democratic decision’ the Prime Minister’s notification to leave the EU under Article 50.”
Wilson continues: “The accumulated rights of British citizens living in the EU are at serious risk in the event of Brexit. While many rights have been ‘agreed’, as part of the Withdrawal Agreement, other rights haven’t. These include our freedom of movement and ability to work in other EU countries. As we’re constantly told that ‘nothing is agreed until everything is agreed’, it’s no wonder that so many of us, as with EU citizens in the UK, live in a continuous state of fear and anxiety about our futures.”
Will the outcome of this latest legal challenge result in another referendum?
Finally, Sue Wilson explains that “If the Brexiters firmly believe the public knew what it was voting for in 2016, and that the result would be the same again, let’s put this idea to the test.
Give us a referendum on the final deal and we’ll see if it really is the ‘will of the people’, going forwards.
“Whatever the result of this legal challenge, we hope to demonstrate that you can’t win by cheating. If another referendum occurs, we mustn’t see a repeat of the illegal activity of 2016.
We haven’t taken back control – instead, we have been put in the hands of those who care more about their careers and political party than their country.
The UK deserves better, we deserve better, and we won’t stop fighting until we succeed.”