French barrister fights on for Britons
A French barrister is continuing to fight pro bono for the Brexit rights of Britons in France and has three last-ditch cases under way.
Two cases are linked to Britons’ EU citizenship.
Julien Fouchet, from Bordeaux, said an EU regulation dating from April exempting Britons from Schengen visitor visas in the case of a no-deal (if the UK reciprocates) explicitly treats Britons as becoming non-EU citizens after Brexit.
He said he will launch an emergency procedure in the General Court of the EU in Luxembourg in an attempt to save EU citizenship and accompanying free movement rights for Britons.
He said his case refers to people who have an established private and/or family life in an EU state before Brexit, eg. long-term residency, friends and family links or owning a property.
“I will ask the judge to rule before the end of October,” he said. “There’s maybe only a 5-10% chance.
“I’m the only one who can do it because I made a preliminary request in July which will expire in October – so I have the right to take this emergency action.”
In a similar case, he has lodged legal action with the European courts for a woman, Hilary Walker, who lives in Spain and works in Gibraltar.
This also focuses on disproportionate effects of her losing EU citizenship, based on the same regulation.
It 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.
Finally, he has lodged a case with the General Court of the EU on behalf of 98-year-old rights campaigner Harry Shindler, from Italy, relating to this year’s European elections.
It alleges irregularities due to the fact that many Britons abroad could not take part because the UK bars long-term expatriates (15 years or more) from UK voting, or because they did not have time to register after Brexit was put off, plus the fact that many EU citizens abroad in the UK were refused the right to vote due to administrative problems.
Mr Fouchet hopes the judge may decide that the 15-year rule is a breach of Britons’ freedom of movement rights.
See also:
Election was wrong’ says French barrister
Barrister’s fight over EU voting
