European Union Citizens in Post EU UK

Wesemann, Anne (2018). European Union Citizens in Post EU UK. In: Prinz von Sachsen Gesaphe, Karl August; Garcia Plesa, Juan J. and Szuka, Nils eds. Legal Implications of Brexit. Hagener Rechtswissenschaftliche Schriften, 2. Münster: MV-WISSENSCHAFT, pp. 121–145.

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Abstract

European Union citizenship as ‘fundamental status’ is seeing its first challenge on a constitutional level. The withdrawal of the UK as Member State to the European Union will significantly impact the rights of the UK nationals and the rights of those non- UK EU citizens that chose to reside in the UK as Member State. The status of European Union citizenship and how it currently applies in the UK is not without flaws, but significantly affects and protects non-UK EU citizen residents. UK nationals residing in another Member State are in danger of falling within the remit of legislation applying to third country nationals after withdrawal. The flaws within the UK’s proposal of settled status, impacting on both groups of EU citizenship, can be avoided by a unified approach to post EU citizen rights in the UK and EU. A new citizenship status can be created, encompassing specific residency related and political rights to ensure the ‘fundamental status’ of EU citizenship is reflected while at the same time also giving full effect to the UK’s decision to withdraw as a Member State.

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