Are EU Citizenship rights automatically removed from people when a state leaves the EU?
Titus Alexander made this Accès à l'information request to Agence des droits fondamentaux de l'Union européenne
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
1049/2001 are submitted through the Agency's website. This enables the FRA
to ensure that requests are made in a precise manner and contain, in
particular, sufficient elements to enable the FRA to identify that the
applicant is a citizen or resident of the Union (Article 2 (1) -
Beneficiaries and Scope - Regulation (EC) No 1049/2001).
Please kindly submit your request through the website link where you will
be able to complete the online form:
or PDF form to be printed and sent by fax, post or e-mail, as
publicised. You can also directly contact the FRA access to documents team
via email: [FRA request email]
As soon as the Agency receives your application, an acknowledgement
notification will be sent to you together with a unique registration
number assigned to your request. The Agency will deal with your
application within a maximum of fifteen working days, unless that period
is extended on the conditions laid down in the Regulation.
For more information relating to Regulation (EC) No 1049/2001 and other
methods available to access documents held by FRA, please check the
European Union Agency for Fundamental Rights
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Tel: +43 1 58030-0
Email: [FRA request email]
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