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The Brexit negotiations are heading for an early battle.
The remaining EU states on Monday agreed that the rights of EU citizens living in the UK after its withdrawal should fall under the jurisdiction of the EU Court of Justice, or CJEU.
The UK wants to guarantee individuals’ rights, but rejects the oversight of the bloc’s top-tier court in Luxembourg.
“The simple truth is: we are leaving,” Brexit secretary David Davis has said. “We are going to be outside the reach of the European court.”
European Commission negotiators will be able to cite previous rulings that have set precedents and conditions for granting the CJEU jurisdiction over non-EU countries.
But such steps are nonetheless unusual — and could take years to approve.
Under the commission’s proposals approved by member states, EU citizens in the UK and British citizens in the rest of the bloc will keep their existing rights to healthcare, welfare and equal treatment for life.
The commission’s claim that the CJEU should have jurisdiction to enforce these rights is supported by three previous cases…
Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder of the Free Movement immigration law website.
I read the opinion as protecting those family members who are family members at the time the EU national naturalises, but in Lounes, as far as I can tell, that was not the case. Ms Lounes had already naturalised before marrying, so her husband would not benefit from EU law.
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I read the opinion as protecting those family members who are family members at the time the EU national naturalises, but in Lounes, as far as I can tell, that was not the case. Ms Lounes had already naturalised before marrying, so her husband would not benefit from EU law.