Policy Paper: Joint technical note on the comparison of EU-UK positions on citizens’ rights

Author (Corporate)
Publisher
Series Title
Series Details July 2017 (and periodically updated)
Publication Date 28/09/2017
Content Type

Background
Negotiations on the arrangements for the United Kingdom's withdrawal from the EU started on 19 June 2017, with citizens’ rights being one of the top priorities.

However, the EU and the UK positions differed considerably. The EU aims at a withdrawal agreement which safeguards the existing right to residence as well as to equal treatment with nationals, including access to social security, for EU-27 citizens who have moved to the UK and for UK nationals resident in an EU-27 Member State prior to the withdrawal date. By contrast, the UK’s intention is to create new rights, detached from EU law, whose conditions will be governed by UK law.

The EU and UK positions also differ regarding the cut-off date which would govern the status of citizens. According to the EU, this should be the date of the UK’s actual withdrawal from the EU, whereas the UK has proposed to agree on an earlier date. Differences between the two positions can also be observed with regard to the conditions for family reunification and access to social security benefits.

Furthermore, whilst the EU proposes that the European Commission and the Court of Justice of the EU (CJEU) oversee compliance with the withdrawal arrangements by both the UK and the EU-27 Member States, the UK seeks enforceability of the citizens’ rights through the UK judicial system and rejects the jurisdiction of the CJEU.The Citizens’ Rights Working Group in the negotiation process for the United Kingdom to leave the European Union completed during the second round of negotiations in Brussels between the 17-20 July 2017 a mapping of the alignment between the two parties’ positions, to prioritise future discussions.

This table summarises the UK and EU positions and compares them. Green indicates convergence, red indicates divergence and yellow indicates where further discussion is required to deepen understanding.

[This paper is periodically updated. The source url should enable you to find the original paper and all subsequent versions]

Source Link Link to Main Source https://www.gov.uk/government/publications/joint-technical-note-on-the-comparison-of-eu-uk-positions-on-citizens-rights
Related Links
EurActiv, 10.08.17: UK minister: EU proposed ‘restricted’ rights for Brits living in EU after Brexit http://www.euractiv.com/section/uk-europe/news/uk-minister-eu-proposed-restricted-rights-for-brits-living-in-eu-after-brexit/
VoxEurop, 31.08.17: EU & the UK differ on citizen’s rights http://www.voxeurop.eu/en/2017/brexit-negotiations-5121316
United Kingdom: HM Government: EU Citizens' rights in the UK https://eucitizensrights.campaign.gov.uk/
European Commission: Publications: Position paper transmitted to the UK: essential principles on citizens' rights, June 2017 https://ec.europa.eu/commission/publications/position-paper-essential-principles-citizens-rights_en
European Commission: Publications: Position paper transmitted to the EU27: essential principles on citizens' rights, May 2017 https://ec.europa.eu/commission/publications/position-paper-transmitted-uk-essential-principles-citizens-rights_en
ESO: Background information: EU and UK positions on citizens’ rights: First phase of Brexit negotiations http://www.europeansources.info/record/eu-and-uk-positions-on-citizens-rights-first-phase-of-brexit-negotiations/
ESO: In Focus: Brexit - The United Kingdom and the European Union http://www.europeansources.info/record/brexit-the-united-kingdom-and-the-european-union/
Politico, 20.07.17: Michel Barnier: ‘fundamental divergence’ with UK over post-Brexit rights of citizens http://www.politico.eu/article/michel-barnier-fundamental-divergence-with-uk-over-post-brexit-rights-of-citizens/
Politico, 20.07.17: UK criminal check plan for EU citizens is sticking point in Brexit talks http://www.politico.eu/article/uk-criminal-check-plan-for-eu-citizens-is-sticking-point-in-brexit-talks/
EurActiv, 20.07.17: No solution in sight for Brexit’s controversial issues http://www.euractiv.com/section/uk-europe/news/no-solution-in-sight-for-brexit-controversial-issues/
CBI / TUC: Press Release, 28.09.17: Joint CBI / TUC statement on citizens' rights http://www.cbi.org.uk/news/joint-cbi-tuc-statement-on-citizens-rights-following-4th-round-of-uk-eu-talks/

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