Barrister in last-ditch fight for Britons' EU rights
A French barrister is continuing his fight for the rights of Britons living abroad after Brexit by asking an EU court to take emergency measures to allow their European citizenship – or a new status very like it – to continue.
As Brexit is expected to take place on October 31, or at the latest January 31 if the extension the UK has asked for is granted, Julien Fouchet wants the General Court of the EU to put such rules in place on a provisional basis in the first instance giving time for further consideration of the all the arguments for maintaining Britons’ existing rights.
Mr Fouchet is bringing the case on behalf of long-term rights campaigner Harry Shindler, 98, from Italy and five Britons in France. He is basing the case, in particular, on the Tjebbes case in the European Court of Justice in March. This said EU citizenship should not be removed without taking into consideration any disproportionate impact on a person’s private, family and professional life.
He also points out that many Britons such as Mr Shindler could not vote in the Brexit referendum due to the UK's 15-year voting rule.
His case has been accepted by the court and the European Commission has now given its response, as required, however he is awaiting an imminent hearing at the court in Luxembourg.
In its response the Commission stated that after Brexit “there will be no more British EU citizens”. It also said it had no obligation to “eliminate all the unfavourable consequences on rights linked to citizenship” even in the case of no-deal, and with no requirement of reciprocity. Reciprocity is referring to the fact that EU citizens living in the UK would not receive any equivalent benefits.
It said reciprocity was a standard expectation in international law, which will in future cover relations between the EU and the UK, as a ‘third country’ state.
It added it has already taken “numerous initiatives” to help British citizens such as agreeing not to have visitor visas or asking all states to help Britons obtain the status of long-term non-EU resident if they have lived in the country of residence for five years. Equivalent measures are being offered by the UK to EU citizens living there.
As for the fact that in future, in a no-deal, Britons would face different rights in different EU countries, this was simply what it is like for all non-EU citizens, the Commission said.
Mr Fouchet, of Cornille, Pouyanne, Fouchet avocats in Bordeaux and Paris, said “the Commission says it’s done everything it can, but in reality it’s not done an awful lot in the case of no-deal. So each country would do what it likes.”
Mr Fouchet is also pursuing a similar case on behalf of Hilary Walker, who lives in Spain and works in Gibraltar. He argues that she and other complainants have built up a private and family life over more than 15 years with another state where they have close links, including in some cases a spouse or children of the state’s nationality, or owning property.
A crowdfunder to help pay expenses for the case can be found at this link (the page was originally launched for a similar previous case but funds pledged will go towards all Mr Fouchet's pro bono cases regarding EU citizenship rights).
