Revista Temas de Derecho Constitucional

320 Revista Temas de Derecho Constitucional [European Union]. (2) This section has effect despite any provision made by or under the European Communities Act 1972 or any other enactment.’ 9 In turn, Section 13 of the European Union (Withdrawal) Act 2018, enacted on 26 June 2018, provides: ‘(1) The withdrawal agreement may be ratified only if— (a) a Minister of the Crown has laid before each House of Parliament— (i) a statement that political agreement has been reached, (ii) a copy of the negotiated withdrawal agreement, and (iii) a copy of the framework for the future relationship, (b) the negotiated withdrawal agreement and the framework for the future relationship have been approved by a resolution of the House of Commons on a motion moved by a Minister of the Crown, (c) a motion for the House of Lords to take note of the negotiated withdrawal agreement and the framework for the future relationship has been tabled in the House of Lords by a Minister of the Crown and— (i) the House of Lords has debated the motion, or (ii) the House of Lords has not concluded a debate on the motion before the end of the period of five Lords sitting days beginning with the first Lords sitting day after the day on which the House of Commons passes the resolution mentioned in paragraph (b), and (d) an Act of Parliament has been passed which contains provision for the implementation of the withdrawal agreement. (2) So far as practicable, a Minister of the Crown must make arrangements for the motion mentioned in subsection (1)(b) to be debated and voted on by the House of Commons before the European Parliament decides whether it consents to the withdrawal agreement being concluded on behalf of the [European Union] in accordance with Article 50(2) [TEU]. It is worth noting for the analysis that the Court of Session underlined that, pursuant to section 13 of the European Union (Withdrawal) Act 2018, the outcome of negotiations between the United Kingdom and the European Union under Article 50 TEU should be subject to the approval of the United Kingdom Parliament. Should that approval failed to be obtained and no extension is unanimously agreed between the exiting Member State and the remaining Member States, the treaties will cease to apply to the United Kingdom on 29 March 2019 automatically leaving the European Union on that date. 3. THE ADVOCATE GENERAL’S OPINION: THE RELIANCE ON INTERNATIONAL LAW The original preliminary reference request was made in the domestic judgment on 21 September 2018, the preliminary ruling was issued through the expedited procedure. 10 The expedited process was granted by the CJEU on 19 October 2018 upon the request of the Scottish Inner Court of Session (the referring Court) and the judgment was delivered on 10 December 2018, hardly three months after. 11 9 European Union (Notification of Withdrawal) Act 2017. 10 Available at https://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for- opinions/2018csih62.pdf?sfvrsn=0 (accessed 5 January 2019). 11 The request for a preliminary ruling concerns the interpretation of Article 50 TEU. In the procedure before the Court of Justice following the expedited procedure as set out in Article 105 of the Rules of Procedure of the Court. Coincidentally, the UK House of Commons was supposed to have the vote on adoption of the Withdrawal Agreement and political declaration on the future relationship on 11 December before the