Rebordering Britain & Britons after Brexit
Brexit and the Free Movement of Workers: A Plea for National Legal Assertiveness
National judges and Member State governments have an obligation to be assertive about national interests threatened by EU policies, even to the extent of challenging existing doctrines of law, proposing new interpretations, and insisting on the proper division of judicial functions, for they have particular knowledge and understanding of the consequences of EU law. An unquestioning obedience to the Court of Justice and to established doctrine is not loyalty, but subversion of an essential legal dialogue, and a failure to play an active and constructive role in building a legal system which serves the goals and wellbeing of Europeans. The Brexit debate is a case study in this: despite claiming publicly that mass migration was threatening essential and legitimate public interests, the UK did not attempt to use the available doctrines or derogations to defend these, behaving as if legal orthodoxy was fixed in stone, and the only options were leave or accept. It would have been more loyal, more European, more helpful to Europe, to impose unilateral restrictions and defend them vigorously with evidence and good arguments.
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Mice or Horses? British Citizens in the EU 27 after Brexit as "Former EU Citizens"
This contribution examines the situation of British citizens who are living in the EU 27 at the Brexit date; it challenges the assumption that those UK citizens can be treated as third-country nationals (albeit very privileged ones, should a Withdrawal Agreement enter into force). Instead…
The Rights of Citizens under the Withdrawal Agreement: A Critical Analysis
Part II of the Withdrawal Agreement provides for the rights of UK/EU citizens resident in the EU/UK by the end of the transitional period (Brexit citizens).
What Could Have Been and May Yet Still Be: Brexit, the Charter of Fundamental Rights of the European Union and the Right to Have Rights
This article considers the pervading influence of the Charter of Fundamental Rights of the European Union for the UK following Brexit. The UK Government has been clear in its wish that the Charter have no influence in the UK after the UK's withdrawal from the European Union (EU). However…