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Rebordering Britain & Britons after Brexit

Mice or Horses? British Citizens in the EU 27 after Brexit as "Former EU Citizens"

Abstract

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, this contribution argues that British citizens in the EU 27 must be considered as 'former EU citizens", and be protected accordingly. Such protection is demanded by the constitutional nature of EU citizenship; and it is supported by case law and secondary legislation protecting changes in status. To do otherwise is not only to renege on promises made, it is also to consign to history the very notion of EU citizenship.

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Journal

European Law Review

Author

Eleanor Spaventa (United Kingdom)

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