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EU referendum—Leave, Remain, or Renegotiate?

Published on: 01 March 2016
Published by: LexisPSL
  • EU referendum—Leave, Remain, or Renegotiate?
  • Is there any statutory requirement for a second referendum following a vote to leave the EU?
  • Could the courts hold that a second referendum must be held?
  • Does the government have a mandate for a second referendum and could it realistically use the June referendum as a springboard to further negotiations?
  • Does EURA 2015 require the government to respect the outcome of the referendum?
  • Does this mean that if the UK votes to leave, the government could ignore the result and not give notice to the EU to trigger the withdrawal process under Article 50 of the TEU?
  • Speaking of a second referendum, could the outcome of the UK referendum on EU membership trigger a second referendum on Scottish independence?

Article summary

Public Law analysis: Could a ‘Leave’ vote in the UK referendum on EU membership be used to extract further concessions from the EU or would the government be bound by the result of the referendum? According to Kieran Laird, principal associate in the public law and regulation team at Gowling WLG, there is no legal bar to a second referendum, and whether the government chooses to follow the precedents will be purely a matter of politics. or take a trial to read the full analysis.

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