Tag: EU citizens’ rights
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Stephanie Reynolds: Playing Politics So the UKSC Doesn’t Have To: The CJEU Ruling in Case C-709/20 CG v Department for Communities in Northern Ireland
In its recent CG judgment, the EU’s Court of Justice held that it was lawful for Universal Credit Regulations to stipulate that EU citizens do not, by virtue of pre-settled status, have a ‘right to reside’ in the UK for the purposes of accessing Universal Credit. Since the right to reside test is an eligibility…
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Stephanie Reynolds: Brexit and the (Not Quite) Constitutionalised Status of EU Citizenship
Since its formal introduction in the Maastricht Treaty, EU citizenship has laid claim to a constitutional status. The Union Treaties – long described by the Court of Justice as the EU’s constitutional texts – explicitly confer the status of Union citizenship on all nationals of the Member States. The asserted significance of this was subsequently…
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Ronan McCrea: Brexit EU Citizenship Rights of UK Nationals and the Court of Justice
Quite a stir has been generated by the decision of a Dutch court to make a reference to the Court of Justice of the European Union on the issue of the EU citizenship rights of UK nationals post-Brexit. The Article 267 procedure allows a national court to pause a case before it in order to…
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Mike Gordon: Parliamentary Sovereignty and the Implementation of the EU Withdrawal Agreement (Part II)
Editors’ note: This is the second part of a two-part contribution. The first part can be found here. Part one of this blog post considered the constitutional challenge potentially posed by the commitment in the Phase One Joint Report that the UK Parliament will enact a Withdrawal Agreement and Implementation Bill to give effect to…
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Mike Gordon: Parliamentary Sovereignty and the Implementation of the EU Withdrawal Agreement (Part I)
Editors’ note: This is the first of a two-part contribution. The second part will be posted tomorrow. The Brexit process continues to generate challenges for law, government and the constitution in the UK. The ‘Joint Report from the Negotiators of the European Union and the United Kingdom Government on Progress During Phase 1 of Negotiations…
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Christopher McCrudden: An early deal-breaker? EU citizens’ rights in the UK after Brexit, and the future role of the European Court of Justice
The UK has finally made an offer to allow some EU citizens to retain some rights in the UK after Brexit. There are two sets of issues that arise: the substantive rights that will need to be agreed to, and the enforcement of these rights. In a statement yesterday to the House of Commons, the…