Brexit. A separate citizens’ rights agreement under Article 50 TEU Stijn Smismans (Professor of EU Law, Cardiff University) smismanss@cardiff.ac.ukCitizens' Rights Agreement • February 17th, 2021
Contract Type FiledFebruary 17th, 2021The European Council Guidelines for the Brexit negotiation adopted on 29th April 2017 (further referred to as Negotiation Guidelines), as well as the Council Directives for the negotiation adopted on 22nd May 2017 (further referred to as Negotiation Directives), show a clear EU commitment to defend the rights of the nearly five million people whose lives are most directly affected by Brexit, namely the EU citizens residing in the UK and British citizens residing in the EU. The Negotiation Directives clearly state that the withdrawal negotiations should ensure ‘the necessary effective, enforceable, non-discriminatory and comprehensive guarantees’ and they favor a rather maximalist defense of the rights of these citizens (including judicial protection by the CJEU). The UK’s promises to protect the rights of these citizens are comparatively vague.