Ring-Fencing Citizens’ Rights in the Brexit Negotiations: Legal Framework and Political Dynamics

Abstract

As the Withdrawal Agreement got massively defeated in the House of Commons the risks of a no deal are now higher than ever. More than 3 million EU citizens in the UK and more than a million British citizens in the EU remain in extreme uncertainty about their status. This paper explains why the UK and the EU have so far failed to ring-fence citizens’ rights and ensure they are protected even in case of no deal. It shows how unilateral national solutions (by the UK and the 27 EU Member States) do not provide sufficient protection, and sets out the legal and political strategy through which a citizens’ rights agreement under Article 50 may still be adopted.

Keywords: Article 50 TEU, Brexit, Citizens’ Rights, Ring-Fencing, Withdrawal Agreement