Rights of EU Citizens in the UK after Brexit

A fair settlement – or a privileged caste with superior rights enforced by a foreign court?

By Martin Howe QC, Francis Hoar and Dr Gunnar Beckfull paper.

An early and fair settlement of the rights of EU citizens resident in the UK, and of UK citizens resident in the EU27, has been a priority for the British government. When the European Council published its Brexit negotiating guidelines on 29 April 2017, it appeared that the EU27 shared that objective as well and that any discussions would be limited to matters of detail.

Unfortunately, the picture radically changed on 24 May 2017 when the EU Commission published a more detailed Working Paper. This introduced two major demands, absent from the European Council’s guidelines. First, it demanded that EU citizens should, in perpetuity, have “the same level of protection as that set out in Union law at the date of withdrawal”; and, secondly, that their rights in the UK should be overseen, interpreted and enforced after Brexit by the EU Commission and by the European Court of Justice at Luxembourg (ECJ).

We have published a detailed paper which explains why each of these demands is unacceptable. Continue reading “Rights of EU Citizens in the UK after Brexit”

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