Scotland will apply to the Supreme Court to intervene against the UK Government as it tries to overturn a Brexit court ruling.
Scotland's top law officer will lodge a formal application to join the legal challenge when it comes in front of judges early next month.
The Lord Advocate, Scotland's most senior law officer will apply to be heard in the case.
Scotland's governments legal representatives had been observing the case and now they are ready to intervene.
First Minister Nicola Sturgeon said "it simply cannot be right" that European Union membership "can be removed by the UK Government on the say-so of a Prime Minister without parliamentary debate, scrutiny or consent."
She added: "So legislation should be required at Westminster and the consent of the Scottish Parliament should be sought before Article 50 is triggered."
The British High Court ruled last week that Theresa May could not trigger the formal divorce process with the European Union without putting the matter before Parliament.
The UK Government immediately announced it would appeal against the decision at the Supreme Court.
Responding to the news in the Scottish Parliament, Ms Sturgeon said that Holyrood could join businesswoman Gina Miller and hair dresser Deir Dos Santos as "participants in that case."
Ms Sturgeon has also made clear that the 54 SNP MPs would "certainly not vote for anything that undermines the will or the interests of the Scottish people".
The SNP leader has promised to all she can to retain Scotland's access to the EU's Single Market.
The remain side gained 62% of Scottish votes in the Brexit referendum.
Additional reporting by IRN
