UK Citizens as Former EU Citizens: Predicament and Remedies 159 Dawson and Augenstein argued elsewhere29 that the decision to withdraw Union citizenship (viz. obtaining Union citizenship through citizenship of a Member State) should rest not with the withdrawing state but with the individual EU citizen, who may either retain or renounce his or her citizenship. This proposition appears more comprehensive and normatively consistent: it would apply to all Britons (whether or not they have exercised mobility rights), recognising their unique predicament as citizens of a former Member State, and thus distinguishing them from citizens of other states, for whom the route to Union citizenship will remain via acquisition of Member State citizenship. It also does not tie their fate to that of the EU-27 citizens. Indeed, there is arguably a qualitative difference (for individuals) between exclusion from club membership and benefits, on the one hand, and non-inclusion therein, on the other hand: many organisations (think universities) retain a special relationship with their alumni. However, the decoupling of Union citizenship from citizenship of a Member State would require a fundamental treaty change. What will the creation of two categories of Union citizens do to the self-perception of the EU as an ‘[ever closer] union among the peoples of Europe’ (Article 1 TEU30), a ‘demoicracy’ a-la Nicolaïdis31? To draw on the university alumni analogy, their privileged status (compared with members of the public) is manifested by retention of access to entitlements generally restricted to members – but they are nonetheless former members. UK citizens as Third Country Nationals Absent treaty change that will address the predicament of UK citizens qua former Union citizens, UK citizens who do not hold the citizenship of another Member State on E-day will become Third Country Nationals (TCN). Mobile UK citizens may qualify as Long Term Residents (LTR). As 29 30 31 Dawson, M. & D. Augenstein (2016), ‘After Brexit: Time for a further Decoupling of European and National Citizenship?’, Verfassungsblog On Matters Constitutional, available at http://verfassungsblog.de/ brexit-decoupling-european-national-citizenship/. Consolidated Version of the Treaty of the European Union, available at http:// eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2008:115:0013:0045:e n:PDF. Nicolaïdis, K. (2012), ‘The Idea of European Demoicracy,’ in J. Dickson & P. Eleftheriadis (eds.), Philosophical Foundations of European Union Law, 247-274. Oxford: Oxford University Press, available online http://kalypsonicolaidis.com/wp-content/uploads/2015/02/2013_TheIdeaofDemoicracy.pdf.

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