The Student Room Group

UK citizens could keep free movement and block Europeans from entering the country

If this legal challenge is successful could the whole discussion about Brexit change?

https://www.buzzfeed.com/jamesball/this-legal-challenge-means-brits-might-keep-their-eu
Guy Verhofstaht and Juncker have already said they want to offer this to UK citizens.
(edited 7 years ago)
Reply 2
Original post by james813
Guy Verhofstaht and Juncker have already said they want to offer this to EU citizens.


Yes but if the court decides in favour of this then it is not up to them so they can't threaten to take it off the table and would put the British government in a stronger position, especially if they are prepared to play hard ball with eu citizens in this country
Because muslim countries have not banned citizens of christian counteries.
Reply 4
Original post by joecphillips
Yes but if the court decides in favour of this then it is not up to them so they can't threaten to take it off the table and would put the British government in a stronger position, especially if they are prepared to play hard ball with eu citizens in this country


Only no. The CJEU is the highest court in the EU and only that will make the final call (and you can be sure it will reject this claim).

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Reply 5
Original post by _Fergo
Only no. The CJEU is the highest court in the EU and only that will make the final call (and you can be sure it will reject this claim).

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The courts are not supposed to make political decision on legal one, I don't know enough about the law to judge this claim but if our law is based on politicised courts then it's even better we are leaving
Original post by joecphillips
If this legal challenge is successful could the whole discussion about Brexit change?

https://www.buzzfeed.com/jamesball/this-legal-challenge-means-brits-might-keep-their-eu


Not sure what your post has to do with the first part of the article, which seems to be about reversing Article 50.

Regarding your actual post, the EU has already said they would be happy to offer British citizens living in the EU, EU citizenship.
Not like you to use Buzzfeed as a reference.
Original post by Mathemagicien
And we will live to see an atheist majority Europa

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I can't wait till the day,
Reply 9
Original post by joecphillips
The courts are not supposed to make political decision on legal one, I don't know enough about the law to judge this claim but if our law is based on politicised courts then it's even better we are leaving


The treaties are vague for a reason - you can't prescribe every single thing in the beginning.

It is not that the Court is politicised, but that it is the guardian of the treaties of the EU (and thereby the EU itself).

To suggest that this would be possible is absurd. Art 50 itself says that the treaties shall cease to apply to any MS leaving the EU. It's hardly complicated and there are many ways for the CJEU to defend this opinion.

There are two ridiculous thing about what you said though: 1) That you don't know how the CJEU works yet for some reason it's 'politicised' and 'bad'. 2) That you think you can keep certain perks of the EU without giving anything back. Eh...
Original post by joecphillips
The courts are not supposed to make political decision on legal one, I don't know enough about the law to judge this claim but if our law is based on politicised courts then it's even better we are leaving


The claim is a fail. As it points out EU citizenship depends on being a citizen of a member state, so when we cease to be a member state, citizens cant qualify.

The parties can decide in negotiations if they wish to change that situation.

Btw where did you get the block Europeans part? Clearly the EU would not permit anything less than reciprocity.
(edited 7 years ago)
Reply 11
Original post by _Fergo
The treaties are vague for a reason - you can't prescribe every single thing in the beginning.

It is not that the Court is politicised, but that it is the guardian of the treaties of the EU (and thereby the EU itself).

To suggest that this would be possible is absurd. Art 50 itself says that the treaties shall cease to apply to any MS leaving the EU. It's hardly complicated and there are many ways for the CJEU to defend this opinion.

There are two ridiculous thing about what you said though: 1) That you don't know how the CJEU works yet for some reason it's 'politicised' and 'bad'. 2) That you think you can keep certain perks of the EU without giving anything back. Eh...


I just said it's a interesting case and that I don't know enough about the law regarding this to judge or did you fail to read that?

It also talks about "But the court case also asks for rulings on whether or not UK citizens would remain European Union citizens post-Brexit."
(edited 7 years ago)
Reply 12
Original post by 999tigger
The claim is a fail. As it points out EU citizenship depends on being a citizen of a member state, so when we cease to be a member state, citizens cant qualify.

The parties can decide in negotiations if they wish to change that situation.


The argument is about revocation of citizenship not how you become a citizen.
Original post by joecphillips
The argument is about revocation of citizenship not how you become a citizen.


You dont read or understand your own article. Revocation happens automatically as soon as we cease to be a member state and have left.
Reply 14
Original post by joecphillips
I just said it's a interesting case and that I don't know enough about the law regarding this to judge or did you fail to read that?

It also talks about "But the court case also asks for rulings on whether or not UK citizens would remain European Union citizens post-Brexit."


Way to miss the point. I'm referring to brexiters, including you obviously, bashing the CJEU due to pure ignorance. Way to prove this.

I'm aware.

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