15 October 2019
The European Ombudsman as an Insurmountable Roadblock?
On 17 September 2019, the European Ombudsman adopted a decision rejecting a complaint against the European Parliament submitted by The Good Lobby, an NGO “committed to giving voice to under-represented public interests and bringing more citizens into the public policy process”. The action was supported by Alberto Alemanno, also co-founder and director of the NGO, and Laurent Pech. In their post of last May 2019 they already described in detail their dealings with the Authority of European political parties and European political foundations (hereinafter the Authority) and with the President of Parliament. The subsequent stages and the Ombudsman’s take reveal the wider consequences of this process and some silver linings. Continue reading >>
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09 July 2019
Empty Seats in the European Parliament: What About EU Citizenship?
The European Parliament started its new term with three empty seats. The Catalan politicians Carles Puigdemont, Antoni Comín and Oriol Junqueras got elected in the European Parliamentary elections of 26 May 2019 but the Spanish Central Electoral Commission did not include their names in the list which was notified to the European Parliament on 17 June 2019. The reason is that that they did not appear in person to swear or affirm allegiance to the Spanish Constitution, which is a formal requirement under the Spanish election legislation. The President of the EU General Court dismissed an application of Carles Puigdemont and Antoni Comín for interim measures by referring to the Spanish electoral law. Thereby, however, he completely ignored the EU citizenship dimension of the case. Continue reading >>05 April 2019
The Tjebbes Fail: Going Farcical about Bulgakovian Truths
In the case of Tjebbes the European Court of Justice has agreed in principle with stripping EU citizens residing abroad of their EU citizenship status and EU democratic rights based on non-renewal of the passport. The judgment showcases the dangerous limits to the understanding of the concept of citizenship by the Grand Chamber of the Court of Justice. Continue reading >>
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28 June 2017
An Early Deal-Breaker? EU Citizens’ Rights in the UK after Brexit, and the Future Role of the European Court of Justice
The UK has finally made an offer to allow some EU citizens to retain some rights in the UK after Brexit. There are two sets of issues that arise: the substantive rights that will need to be agreed to, and the enforcement of these rights. The UK government confirmed that the arrangements on offer will be enshrined and enforceable in UK law, that commitments in the Withdrawal Agreement will have the status of international law, but that the CJEU will have no jurisdiction in the United Kingdom. Despite this, there remains much uncertainty. Continue reading >>13 July 2016
Like a Bargaining Chip: Enduring the Unsettled Status of EU Nationals Living in the UK
Yesterday, the UK Government has issued a statement to reassure EU nationals living in the UK as to their post-referendum status. While hundreds of EU nationals channel their relief through social media in welcoming the news and British businesses praise the Government for giving them the reassurance needed, to a more expert eye things seem much less reassuring. Continue reading >>01 July 2016
A Lame Duck for a Member State? Thoughts on the UK’s Position in the EU after the Brexit Vote
Despite the fact that nothing has technically speaking happened in legal terms, the UK’s journey out of the European Union has already commenced and is starting to have tangible legal consequences. Continue reading >>24 June 2016
Brexit and the Argentinisation of British citizenship: Taking care not to overstay your 90 days in Rome, Amsterdam or Paris
What are the likely consequences of Brexit for the status and rights of British citizenship? Is it possible to mitigate the overwhelming negative consequences of the UK’s withdrawal from the EU on the plane of the rights enjoyed by the citizens of the UK? The Brexit referendum result will most likely mark one of the most radical losses in the value of a particular nationality in recent history. Continue reading >>21 June 2016
The referendum of the UK’s EU membership: No legal salve for its disenfranchised non-resident citizens
On Thursday 23rd June 2016, pursuant to the European Union Referendum Act 2015, a UK-wide referendum will be held on the question: ‘should the UK remain a member of the EU or leave the EU’. Hitherto, much of the referendum debate has concerned immigration (to the UK) by EU citizens, exercising their mobility rights, with rather unsavoury rhetoric concerning deportation of criminals and ‘warnings’ about future arrivals from candidate accession states. Alongside immigration, leading campaigners have argued that the referendum is, at heart, a about questions of sovereignty and democracy. Continue reading >>20 June 2016
Brexit and Citizenship
What are the likely consequences of Brexit for the status and rights of British citizenship? Can the fact that every British national is an EU citizen mitigate the possible negative consequences of the UK’s withdrawal from the EU on the plane of the rights enjoyed by the citizens of the UK? These questions are not purely hypothetical, as the referendum on June 23 can potentially mark one of the most radical losses in the value of a particular nationality in recent history. Continue reading >>24 October 2015
The Delvigne judgment and the European franchise: going boldly… but perhaps not boldly enough
In it's recent "Delvigne" decision, the Court took a rather bold stance on the material scope of the right to vote and to stand as a candidate at elections to the European Parliament. I will however also argue that, in some respect, this stance was not bold enough. Continue reading >>
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