European Union Committee
Brexit: acquired rights

10th Report of Session 2016-17 - published 14 December 2016 - HL Paper 82

Contents

Summary

Chapter 1: Introduction

The EU and acquired rights

Our approach to the inquiry

The Government’s approach to the inquiry

The EU Committee’s work

Chapter 2: The rights of EU citizens and their families

The definition of EU citizenship

EU citizenship rights under the EU Treaties

EU citizenship rights under the Citizens Directive

Box 1: The Citizens Directive

Practical difficulties in obtaining proof of a right of permanent residence in the UK

Conclusions

Chapter 3: The loss of EU citizenship rights

The consequences of the loss of EU citizenship rights for EU nationals in the UK

Box 2: A rudimentary guide to indefinite leave to remain

The consequences of the loss of EU citizenship rights for UK nationals in EU Member States

Box 3: EU rules on third-country nationals

Conclusions

Chapter 4: The concerns of EU nationals in the UK

The Polish community

Size

Composition

The effect of the referendum

The Romanian community

Size

Composition

The effect of the referendum

The French community

Size

Composition

The effect of the referendum

Chapter 5: The concerns of UK nationals living in other Member States

The number of UK nationals resident in the EU

The views of UK nationals living in the EU

Evidence collected by Expat Citizen Rights in EU

Conclusion

Chapter 6: The protection of EU rights as acquired rights

Claims made before the referendum

Acquired rights under the Vienna Convention on the Law of Treaties

Acquired rights under customary international law

Scope of acquired rights under customary international law

Enforcement of acquired rights under international law

Overall assessment

Conclusions

Chapter 7: The protection of EU rights under alternative sources
of law

The European Convention on Human Rights

The right to peaceful enjoyment of one’s possessions

The right to private and family life

Box 4: The approach of the ECtHR in determining a breach of Article 8

The prohibition against discrimination

Enforcement of ECHR rights

Conclusions

Bilateral Investment Treaties

Conclusions

Chapter 8: Contents of the withdrawal agreement

Safeguarding EU rights in the withdrawal agreement

Reciprocity

Which rights to safeguard?

Chapter 9: Enforcement of the withdrawal agreement

The issue

Freezing the safeguarded rights

Status of judgments of the Court of Justice of the EU

A special enforcement mechanism

Approach taken in agreements between EEA States and the EU

Conclusions

Chapter 10: The case for a unilateral guarantee or early negotiation

The views of our witnesses

Unilateral guarantee

Early agreement

The Government’s view

Conclusions

Summary of conclusions and recommendations

Appendix 1: List of Members and declarations of interest

Appendix 2: List of witnesses

Evidence is published online at www.parliament.uk/brexit-acquired-rights-inquiry and available for inspection at the Parliamentary Archives (020 7129 3074).

Q in footnotes refers to a question in oral evidence.





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