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Rebordering Britain & Britons after Brexit

EU citizens' rights post Brexit: why direct effect beyond the EU is not enough

Abstract

Brexit - EU citizens' rights - Direct effect beyond the EU - The Withdrawal Agreement does not protect citizens properly - Copying substantive provisions of EU law and parts of the EU's supranational features, such as direct effect, does not provide equal protection for EU citizens once a country is no longer part of the EU - UK-specific implementation measures to be set out in Withdrawal Agreement or Protocol - Guarantees also to be set out in primary legislation - UK Government intends to act to a great extent via secondary legislation - relationship between the Withdrawal Act and the Withdrawal Agreement and Implementation Bill

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Journal

European Constitutional Law Review

Author

Stijn Smismans (United Kingdom)

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