The British Government could face a legal challenge over whether leaving the European Union automatically would trigger a departure from the single market, according to a media report on Monday.
The pro-EU think tank British Influence will tell Brexit Secretary David Davis that it will seek a judicial review to give parliament a vote on the country’s membership of the European Economic Area (EEA), taking the decision out of the government’s hands, the BBC reported.
All EU member states are in the EEA, which allows the tariff-free movement of goods, services, capital and labour.
The Government believes that leaving the EU automatically means leaving the EEA, but British Influence argues that it must first invoke Article 127 of the EEA agreement, which requires the approval of MPs.
“There is a strong chance that the UK will be acting unlawfully by taking us out of the EEA with Brexit... so we are going to be petitioning for a judicial review” Jonathan lis, deputy director of British Influence, told the BBC.