tag:blogger.com,1999:blog-8704899696538705849.post6894176097096584417..comments2024-03-28T02:32:17.979-07:00Comments on EU Law Analysis: Brexit means Brexit for UK nationals and EU citizenship: analysis of an Advocate-General’s opinionSteve Peershttp://www.blogger.com/profile/05869161329197244113noreply@blogger.comBlogger9125tag:blogger.com,1999:blog-8704899696538705849.post-81820946712814514862023-05-08T04:51:43.030-07:002023-05-08T04:51:43.030-07:00This comment has been removed by a blog administrator.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-44470882110508464662022-02-28T05:19:54.077-08:002022-02-28T05:19:54.077-08:00The AG opinion addresses the key issue. Is there s...The AG opinion addresses the key issue. Is there such a thing as EU citizenship for those who are not nationals of a Member State? In his view no. This follows the literal wording of the Treaties. There's no suggestion of an exception for former Member States; indeed Article 50 states that the Treaties no longer apply to them. Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-21774068845420842272022-02-28T05:13:35.185-08:002022-02-28T05:13:35.185-08:00Clement - you are exactly right and that is what t...Clement - you are exactly right and that is what the AG's opinion didn't touch at all.<br /><br />None of the member states have come up with anything novel - and one could argue why not of course. However, this is affecting people's lives. In the previous cases Steve mentioned, the judges wanted tangible proof positive of how lives were being affected, but Brexit hadn't happened yet and all we could do was provide our suppositions. They were spot on of course and now we seen even more issues that were not forseen. The EC said, for example, we could also hold a long-term EU residency permit as TCNs in addition to our WA status, which would allow things such limited freedom of movement and the rights for British students to study across the bloc with local fees. Friends have already had rejections for the second, for example from Italy, saying they have not been advised and have no mechanism in place to provide LTR in addition to WA. Of course, in Ireland, it turns out that Irish citizens can only be out of the country for two years before losing voting rights. So giving us back local voting rights across the EU (like we have in five EU/EFTA countries) could open a can of worms for Ireland... at the end of the day, this is about Briish people having exercised their treaty rights in good faith.<br /><br />ReallyGlobalhttps://www.blogger.com/profile/08569105859959269725noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-37371853996102600592022-02-26T05:06:18.223-08:002022-02-26T05:06:18.223-08:00But a car is not a legal status based on the deale...But a car is not a legal status based on the dealer's participation in an organisation. Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-85402189538122169182022-02-26T05:03:54.711-08:002022-02-26T05:03:54.711-08:00EU citizenship has value as long as the Member Sta...EU citizenship has value as long as the Member State of nationality remains in the EU. Therefore its loss is a factor to consider if someone advocates leaving the EU. And EU law quite rightly leaves it to Member States to decide whether they want to stay members. The EU should not be a prison. Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-76501648385185677602022-02-26T04:49:55.965-08:002022-02-26T04:49:55.965-08:00This analysis isvery thorough and explains a lot o...This analysis isvery thorough and explains a lot of what was said. Thank you. I do hope though that European Citizenship does not suffer asa whole as I am convinced that a robust citizenship that is held individually should not be able to be fragilized by wholesale denial of it by the partition of Europe due to the withdrawal of the UK. I do not have to get rid of my car if the garage that sold it to me went bust or moved its concession to sell that particular brand of car.Anonymoushttps://www.blogger.com/profile/13427043648880986844noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-60629800446612664512022-02-26T04:39:55.974-08:002022-02-26T04:39:55.974-08:00The opinion is clearly sound legally speaking but ...The opinion is clearly sound legally speaking but misses an opportunity to clarify the situation of EU citizens when their State leaves the EU. The case-law on loss of nationality in my view is a red herring because the people concerned have not lost their underlying nationality. This is an unprecedented situation for which there is no precedent in case-law. Requiring the applicant to obtain a new nationality to keep existing rights is pretty misguided. The crux of the matter is that it's not about whether third-country nationals can be granted EU citizenship but whether EU citizens can be stripped of the rights they already had (and were exercising). The AG says that it's the automatic consequence of UK law but that's not quite true because it was within the gift of the Member States to come up with a novel solution for an unprecedented situation. Since they did not do so, it means that EU citizenship has no value at all if it can be lost at any time and the EU is powerless to do anything about it.Clementhttps://www.blogger.com/profile/12928264838099213799noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-77507650256924632072022-02-25T07:51:37.791-08:002022-02-25T07:51:37.791-08:00In fact I believe that the UK has retained the vot...In fact I believe that the UK has retained the voting rights under national law, as have some Member States for UK citizens. Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-12989515280622213762022-02-25T07:38:55.435-08:002022-02-25T07:38:55.435-08:00good as we europeeans in the uk have no right to v...good as we europeeans in the uk have no right to vote eather. so why would they be better off then us.Stamgasthttps://www.blogger.com/profile/09890678151760325008noreply@blogger.com