Preservation of an EU citizenship and access to the EU single market by UK citizens

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Dear Employment, Social Affairs and Inclusion,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting the following information:

1. As a European Union citizen and a UK citizen, will I be able to preserve my EU citizenship after Brexit? I understand that an EU citizenship is linked to a citizenship of Member States on the basis of the EU Treaties, however, the situation with Brexit is unprecedented: the incumbent UK government acted unlawfully and incompetently using the option poll (2016 Referendum) on the EU membership to initiate procedures for leaving the EU, the single market, the EEA/EFTA and the European Customs Union by triggering Art 50 of the Lisbon Treaty in March 2017.

2. Are there any legal provisions being prepared by the EU institutions that would allow UK citizens to regain or preserve their access to the four freedoms including the free movement on the basis of their former EU citizenship if the UK proceeds to leaving the EU/EEA ceasing to be a Member State, is not able remain in the single market or/and fails to achieve any agreement/s with the EU?

Alexander Boyd

Alexander V Boyd LLB, Solicitor and Notary Public, Scotland, UK
93 High Street
Glasgow

Alexander Boyd

Dear Employment, Social Affairs and Inclusion,

I have not received your response to my request yet.

Yours faithfully,

Alexander Boyd

Generaldirektion Beschäftigung, Soziales und Integration

1 Attachment

Dear M. Boyd,
Thank you for your Email dated 08/07/2017
It has been forwarded to the competent service (TF50 PROCEDURES
<[1][email address]>) and we asked they give you a reply
Yours sincerely
 
ACCESS TO DOCUMENTS TEAM
European Commission
Secretariat General
Unit B4 - Transparency
 
 
 
 

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Generaldirektion Beschäftigung, Soziales und Integration

2 Attachments

Dear Mr Boyd,
Thank you for your email, which has been forwarded to the Task Force for
the Preparation and Conduct of the Negotiations with the United Kingdom
under Article 50 TEU.
The referendum vote on EU membership was a matter for the UK and a
majority of the British people that voted expressed their wish to leave
the European Union. Laying down the arrangements for and organising
referendums falls within the powers of each EU Member State. According to
Article 50 of the Treaty on European Union any Member State may decide to
withdraw from the Union in accordance with its own constitutional
requirements.
Let me recall that until the process for withdrawal from the EU according
to Article 50 TEU has been completed, the UK remains a member of the EU
with all rights and obligations of a Member State. EU law continues to
apply to the full to the UK and in the UK until it is no longer a member.
This also means that until this moment has come, British citizens continue
to enjoy the rights of EU citizenship.
However, the procedure under Article 50 involves a process of
disentanglement of the relations between the withdrawing Member State and
the Union. As Michel Barnier stated at the plenary session at the European
Parliament on 5 April 2017, there is a duty to explain citizens what
Brexit means. Not being a member of the Union entails necessary changes.
Therefore, as regards the proposal to retain their EU citizenship that you
mention in your email, while having sympathy for the UK nationals that
wanted a different outcome of the referendum, under the current EU
treaties, only nationals of EU Member States can have EU citizenship.
Citizenship of the Union is linked to national citizenship and according
to settled case-law of the European Court of Justice, it is for each
Member State having due regard to EU law, to lay down the conditions for
the acquisition and loss of its nationality.
For your information, the European Commission formally registered two
European Citizens’ Initiatives concerning the rights of Union citizens in
the context of the withdrawal of a Member State from the EU, as follows:

* “EU Citizenship for Europeans: United in Diversity in spite of jus
soli and jus sanguinis” (formally registered on 27 March 2017)
* “Retaining European Citizenship” (formally registered on 2 May 2017)

These registrations trigger a one-year process of collection of signatures
by their organisers in support of the proposed European Citizens’
Initiative, in line with the provisions of Regulation n°211/2011:
[1]http://europa.eu/rapid/press-release_IP-...
Yours sincerely,
 
The Task Force for the Preparation and Conduct of the Negotiations
with the United Kingdom under Article 50 TEU (AMW)
European Commission
Rue de la Loi 200
B-1049 Brussels/Belgium
[2][email address]
Website Task Force: [3]Click here for our webpage
 

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