EU Citizens’ Rights Post Brexit: Why Direct Effect Beyond the EU Is Not Enough

Abstract

Brexit – EU citizens’ rights – direct effect beyond the EU – the Withdrawal Agreement does not protect citizens properly – copying substantive provisions of EU law and parts of the EU’s supranational features, such as direct effect, does not provide equal protection for EU citizens once a country is no longer part of the EU – UK-specific implementation measures to be set out in Withdrawal Agreement or Protocol – guarantees also to be set out in primary legislation – the UK Government intends to act to a great extent via secondary legislation – the relationship between the Withdrawal Act and the Withdrawal Agreement and Implementation Bill.

Keywords: Brexit, Citizens’ Rights, Direct Effect, Withdrawal Agreement, EU (Withdrawal) Act

JEL Classification: K37