According to Jean-Claude Piris, a former head of the EU Council legal service, suggestions that the UK government could rely on EU law to trump the Benn Act have no legal basis.
According to the Guardian, he said in an email:
“EU Law is far from always having direct effect. In the case of article 50 the decision of a member state to leave the EU must be taken in conformity with the constitutional requirements of that State. Thus no direct effect. The authorities to judge if British constitutional requirements are being respected are the British competent ones.”
The Benn Act is a constitutional requirement – is No-Deal still the default?
The UK Govt. isn’t able to use EU Law to frustrate the Benn Act – The Guardian
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