The Feasibility of Associate EU Citizenship for UK Citizens Post-Brexit

69 Pages Posted: 24 May 2018

Date Written: May 14, 2018

Abstract

This report has five principal findings on the protection of the status of Union Citizenship and their related rights post-Brexit. First, the key question in relation to providing this protection is whether Union Citizenship continues post-Brexit, or whether Brexit extinguishes Citizenship. The report considers that Continuity Union Citizenship (“Continuity”) is the more convincing interpretation of European Union law and international law as it stands, but it also considers the alternative of creating the new status of Associate Union Citizenship of the European Union for British nationals (“Associate Union Citizenship”) with related rights. Second, the report identifies two possible means of realising these models: i) legislation by the Union to clarify Continuity and ii) the Withdrawal Agreement between the EU and the UK enshrining Associate Union Citizenship or Continuity. Third, it is established that no revision of the Founding Treaties is needed, irrespective of the model followed. Fourth, UK citizenship law is highly flexible in line with the principle that individuals ought not to be stripped of citizenship against their will. Fifth, devolution in the UK entails that Wales may have a considerable responsibility to protect Union Citizenship rights post-Brexit.

Keywords: Union Citizenship; Associate EU Citizenship

Suggested Citation

Roeben, Volker, The Feasibility of Associate EU Citizenship for UK Citizens Post-Brexit (May 14, 2018). Available at SSRN: https://ssrn.com/abstract=3178055 or http://dx.doi.org/10.2139/ssrn.3178055

Volker Roeben (Contact Author)

University of Dundee, CEPMLP ( email )

Nethergate
Carnegie Building
Dundee, DD1 4HN
United Kingdom
01382 386894 (Phone)

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