Court case ruling may allow Britons to keep their EU citizenship and rights
There are no existing legislation over whether the citizenship can be stripped from individuals whose nation is leaving the union
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| Two activists with the EU flag and Union Jack painted on their faces kiss each other in front of Brandenburg Gate to protest against the British exit from the European Union, in Berlin REUTERS/Hannibal Hanschke |
Britons might be able to keep their EU citizenship and rights to live, work and claim healthcare across Europe, even if Theresa May walks out of the negotiations with no deal.
This could depend on the outcome of a legal case brought by four plaintiffs, who are seeking a ruling from the European Court of Justice over whether Article 50 can be revoked without the permission of other EU states.
The case, brought by the Good Law Project, is an attempt to get a ruling over whether Brexit could be reversible until 29 March 2019.
But it will also be asking whether or not UK citizens would remain EU citizens post Brexit.
The argument is based on Article 20 of the Treaty of Lisbon, which states that EU citizenship is additional and separate to national citizenship.
There are no provisions for removing this citizenship and its associated rights from individuals, regardless of whether their nation leaves the EU.
The case will argue that it is unclear from current legislation whether UK citizens can be stripped of their EU citizenship.
Speaking to Buzzfeed, Jolyon Maugham QC, a lawyer helping to bring the case, said: “There seems to be an assumption – convenient both to a particular type of Brexiter and to those voices in the EU that would rather be shot of the UK – that the citizenship rights of UK nationals can be taken away from us.
"Whether that assumption is right is ultimately a question of EU law. And it's very unclear to us that it is.
"The question is likely to be of particular importance to those – very often British pensioners – who have made their lives abroad in France or Spain."
http://www.independent.co.uk/news/uk/politics/court-case-british-keep-eu-citizenship-rights-brexit-ireland-good-law-project-a7661476.html
