Are EU Citizenship rights automatically removed from people when a state leaves the EU?
Titus Alexander made this acceso a documentos request to Agencia de los Derechos Fundamentales de la Unión Europea
This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.
Dear European Union Agency for Fundamental Rights,
Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain information on the EU Citizenship rights of people in a state that leaves the EU. In particular, I want to know the legal powers to remove EU Citizenship from people.
Article 50 of the Lisbon Treaty says that EU Treaties shall cease to apply to the State: it does not say that leaving the EU automatically removes individual citizens of their rights.
Greenland left the EU in 1984, but its people kept their EU citizenship, because they are still Danish citizens.
Millions of UK citizens will keep EU citizenship, as residents of Northern Ireland, or as descendants of Irish or other EU nationalities, but all other UK citizens could be stripped of their rights, contrary to the principle of equal treatment and non-discrimination based on nationality, a fundamental principle of EU law.
For over two hundred years, people of Europe have gained more rights and freedoms as citizens. A fundamental principle of rights is that they are inalienable: what EU statute gives the EU the power to take EU citizenship rights from individuals when a country leaves the EU, if any?
As a supplementary question, if the EU has the power to remove EU citizenship from UK citizens, do they have the right to appeal to the ECJ or other body under the principle of equal treatment and non-discrimination based on nationality?
Dear Mr Alexander,
Thank you for your public access to documents request to the European
Union Agency for Fundamental Rights (FRA) via AsktheEU.org website.
We would like to inform you that applications made under Regulation
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Beneficiaries and Scope - Regulation (EC) No 1049/2001).
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