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

Forthcoming in European Constitutional Law Review

28 Pages Posted: 12 Oct 2018

See all articles by Stijn Smismans

Stijn Smismans

Cardiff University - School of Law and Politics

Date Written: September 20, 2018

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

Suggested Citation

Smismans, Stijn, EU Citizens’ Rights Post Brexit: Why Direct Effect Beyond the EU Is Not Enough (September 20, 2018). Forthcoming in European Constitutional Law Review . Available at SSRN: https://ssrn.com/abstract=3252465

Stijn Smismans (Contact Author)

Cardiff University - School of Law and Politics ( email )

PO Box 427
Cardiff, Wales CF10 3AX
United Kingdom

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