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The Law & Politics of Brexit: Volume IIThe Withdrawal Agreement$
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Federico Fabbrini

Print publication date: 2020

Print ISBN-13: 9780198848356

Published to Oxford Scholarship Online: December 2020

DOI: 10.1093/oso/9780198848356.001.0001

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Citizens’ Rights

Citizens’ Rights

(p.107) 5 Citizens’ Rights
The Law & Politics of Brexit: Volume II

Catherine Barnard

Emilija Leinarte

Oxford University Press

This chapter addresses the provisions of the Withdrawal Agreement dealing with the protection of citizens’ rights. It explains the scope of application and the content of the rights afforded to EU citizens in the UK and UK citizens in the EU after Brexit. The chapter also looks at the enforcement of citizens’ rights, both in the EU and the UK. While the rights of EU citizens already in the UK, and rights of UK citizens in the EU, are fairly generously protected under the WA, the mechanism for enforcement of such rights raises questions of effectiveness. Moreover, the special jurisdiction of the Court of Justice of the European Union (CJEU) concerning Part Two of the Withdrawal Agreement, while a logical outcome from the perspective of EU constitutional law, will disappoint those who supported the UK government’s insistence that ending the jurisdiction of the CJEU was one of the UK’s red lines during the Article 50 TEU negotiations.

Keywords:   Withdrawal Agreement, citizens’ rights, EU citizens, UK citizens, Brexit, EU, UK, CJEU, UK government

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