This contribution examines the situation of British citizens who are living in the EU 27 at Brexit date; it challenges the assumption that those UK citizens can be treated as Third Country Nationals (albeit very privileged ones, should a Withdrawal Agreement enter into force). Instead, this contribution argues that British citizens in the EU 27 must be considered as “former EU citizens”, and be protected accordingly. Such protection is demanded by the constitutional nature of EU citizenship; and it is supported by case law and secondary legislation protecting changes in status. To do otherwise is not only to renege on promises made, it is also to consign to history the very notion of EU citizenship.

"Mice or horses? British citizens in the EU 27 after Brexit as "former EU citizens""

Spaventa, Eleanor
2019

Abstract

This contribution examines the situation of British citizens who are living in the EU 27 at Brexit date; it challenges the assumption that those UK citizens can be treated as Third Country Nationals (albeit very privileged ones, should a Withdrawal Agreement enter into force). Instead, this contribution argues that British citizens in the EU 27 must be considered as “former EU citizens”, and be protected accordingly. Such protection is demanded by the constitutional nature of EU citizenship; and it is supported by case law and secondary legislation protecting changes in status. To do otherwise is not only to renege on promises made, it is also to consign to history the very notion of EU citizenship.
2019
2019
Spaventa, Eleanor
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11565/4023241
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