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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