European Court of Justice has ‘ultimate authority’ over triggering Article 50, says the UK’s most senior official on the panel

THE EUROPEAN Court of Justice has “ultimate authority” over when Britain triggers Article 50, says the UK’s most senior official on the panel.

In another snub by judges to voters, Eleanor Sharpston QC warned the Luxembourg-based body could delay the Brexit process for months.

The advocate general said the ECJ would not interfere with the Government's Supreme Court appeal against a decision to block Theresa May kick-starting our EU exit without the approval of Parliament.

But in anticipation the case will be referred to the European court's 28-member chamber of judges, she said she was "fully aware of the sensitivity and delicacy and constitutional importance of the issue".

Asked by how quickly they could rule on the process of invoking Article 50, she said: "If you look at what has happened in the past when we've had an accelerated procedure, the answer is probably given within four to eight months."

Ms Sharpston added: “If you join the club and you wish to leave the club, you leave in accordance with the rules when you join the club.

“The rules of this club are the ones contained in Article 50, and the interpretation of those rules is a matter for this Court (the ECJ)."

Theresa May has repeatedly said her Government plans to trigger Article 50 of the Lisbon Treaty, which starts the two-year process to leave the EU, before the end of March 2017.

But that plan was derailed by a shock decision by the High Court to rule against the Prime Minister using prerogative powers without asking MPs to decide.

The government has appealed to the Supreme Court, and the case will be heard by 11 judges next week.