The posts this week center the attention on
European Union law and one of the four fundamental freedoms all European Union
citizens have: free movement of persons. In particular, the posts presented
European Union treaty law (arts. 18, 20-24 TFEU) and a few decisions by the
European Court of Justice. Both the treaty articles and the judicial decisions
are key in understanding the implications that Brexit will introduce.
Free movement of persons
before Brexit
It should be clear to the reader now that the
civil, political and socio-economic rights laid down in arts. 21-24 TFEU are
limited. However, the European Court of Justice has been able to interpret
European Union treaty law in a more generous manner.
On the one hand, from decisions such as Baumbast, it appears that the right to
free movement under art. 21 TFEU does not constitute a truly independent right
to free movement decoupled from economic status. On the other hand, the ECJ has
been able to “extend” the right to equality with decisions in Martinez Sala and Grzelczyk. It is true the decisions in later cases such as Collins and Bidar narrowed the effect of previous decisions and enabled Member
States to require fulfilment of residence period before successful claim to
show sufficient link to territory.
Indeed, the rights that have to do with European
Union citizenship are limited. Arguably, The ECJ has been able to interpret the
right to equal treatment (or non-discrimination) more broadly. Time will tell
whether the integration will be a reality and this and other civil, political
and socio-economic rights are fully fleshed for European Union citizens. In any
case, the United Kingdom will give up these rights in the weeks to come when
Brexit finally will be a reality.
Free movement of persons
after Brexit
The legal situation would change after Brexit for
any British national who wanted to move and reside in any Member State part of
the European Union or any European Union citizen who hoped to move and reside in
the United Kingdom. Indeed, this is an issue that the representatives on both
sides of the negotiations have yet to agree about.
As things stand, Brexit without a deal would imply
that any individual moving to and from the United Kingdom from or to any of the
European Union Member States would be considered legally as any other third
country national and therein, would not have the right to free movement and
residence.
EU
citizens living in the UK
For individuals who are European Union citizens already
residing in the United Kingdom, they are able to apply to the EU
Settlement
Scheme to continue living in the UK after 30 June 2021. If the application is
successful, they will get either settled or pre-settled status.
More detailed information
about settled and pre-settled status of EU citizens and their families
following the link below:
UK
nationals living in the EU
For United Kingdom nationals currently living in
the European Union, if there is a deal, during the Implementation Period (30 March 2019
to 31 December 2020), free movement rights will continue to apply to you as a
UK national. This means that you will be able to live in an EU country.
The situation remains unclear in case of no deal. Continuing to live
in an European Union country after the United Kingdom has left the European Union
depends on the European Union and its Member States.
More detailed information
about UK citizens living in the European Union following the link below:
The following posts will introduce free movement of
persons with focus on workers and the highly controversial issue of benefits
(often used by Brexiters in their campaign).
Thursday 28th February
2019
Jorge Emilio Núñez
Twitter: @London1701
https://drjorge.world
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