French barrister fights on over expatriates' rights

Julien Fouchet argued that the Brexit negotiation was illegal as the referendum was not open to long-term Britons abroad, even though it affects them. But his case, brought on behalf of Britons in the EU, including war veteran Harry Shindler, 97, is unacceptable, the European Court of Justice (ECJ) ruled.

It said that even if the negotiations were ruled illegal, it would not avoid a no-deal.

Mr Fouchet is contesting, saying the court failed to address issues he raised, including denial of votes and Leave campaign funding irregularities, which he says should be enough to suspend Brexit.

“The upshot is that in a no-deal Britons stand to lose a lot of rights without any recourse to the European judges. It’s not acceptable,” he said.

He said one remaining avenue is a case against the deal itself, if it is signed off. He is also encouraging the Britons in the case to go to the European Court of Human Rights.

“We have a small chance of having a request accepted to ask that it should prevent the UK from leaving with no deal and France from opposing delaying Brexit, considering Britons’ family situations in France and loss of EU citizenship.”

In another case, Mr Fouchet and 10 Britons in France seek to challenge the French no-deal law before France’s Conseil d’Etat, on the grounds that it assumes they lose EU citizenship due to Brexit, an interpretation that some lawyers contest.

They argue that EU citizenship is separate from membership of an EU state. He hopes the Conseil will refer the point for an ECJ ruling, though so far he has hit delays in obtaining a hearing.

A crowdfunder to pay case costs (tinyurl.com/y34z4l5q) has hit its €6,000 target. It now aims to raise more to cover extra costs if the case goes to the ECJ. Mr Fouchet is not charging fees and says funds will mean the process will be free to Britons involved.

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