UK Citizens as Former EU Citizens:
Predicament and Remedies
Reuven (Ruvi) Ziegler
This contribution, like those immediately preceding it, is written in the aftermath of the 23rd June 2016 referendum on the UK continued membership
of the EU. At the time of writing, there are precious few known knowns
(‘Brexit means Brexit’), critical known unknowns (notably, the nature of
future relations between the UK and the EU-27 and ensuing free movement
arrangements), and doubtlessly many unknown unknowns. Nevertheless,
the premise for this contribution will be that, following negotiations (pursuant to Article 50 of the Treaty on European Union)1 the UK will cease to be
a member of the EU, and the EU treaties will cease to apply to it on exit day
(E-day).
Before turning to the legal predicament of UK citizens, and its potential
remedies, it would be helpful to consider the effect on the estimated 3.1 million citizens of the EU-27, resident in the UK (unofficial data: Migration
Observatory)2.
EU-27 citizens resident in the UK
The status of citizens of other EU Member States qua EU citizens will not
be affected by the UK’s departure. Their ability to continue to exercise their
acquired rights in post-Brexit UK would largely depends on decisions which
can be made by the UK Parliament irrespective of the outcome of negotiations with the EU-27.
Hence, the UK could ‘take back control’ over (future) immigration and
nevertheless maintain, mutatis mutandis, the arrangements in the Immigration
1
2
The Lisbon Treaty, available at http://www.lisbon-treaty.org/wcm/the-lisbontreaty/treaty-on-European-union-and-comments/title-6-final-provisions/137article-50.html.
The Migration Observatory at the University of Oxford (2016), Commentary:
Here today, gone tomorrow? The status of EU citizens already living in the
UK, available at http://www.migrationobservatory.ox.ac.uk/resources/commentaries/today-gone-tomorrow-status-eu-citizens-already-living-uk/.
© The Author(s) 2019
R. Bauböck (ed.), Debating European Citizenship, IMISCOE Research
Series, https://doi.org/10.1007/978-3-319-89905-3_31
153
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