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06 May 2016 / Tim Eicke KC , Kate Beaumont
Issue: 7697 / Categories: Features , Brexit , Immigration & asylum
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Brexit brainstorming: immigration analysis

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How will UK-based EU citizens fare in the event of a full Brexit? Kate Beaumont gets an expert opinion from Tim Eicke QC

Does the Treaty on European Union (TEU) specifically include transitional provisions for nationals of other member states who are exercising right of residence in a host state when it leaves the EU?

As a matter of EU law, the consequences of a decision by the UK to withdraw from the EU are identified in Art 50, TEU, which makes clear that, as a matter of EU law:

  • the provisions of the EU treaties (and the secondary legislation adopted thereunder, such as Directive 2004/58/EC (the Citizens’ Directive)) do not cease to apply immediately (whether as of the date of the announcement of the result of the referendum or the date of the mandatory notification by the UK of its intention to withdraw);
  • the relevant EU law only ceases to apply once the withdrawal agreement enters into force or, absent that, two years after the UK has notified the EU of
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Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

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Ward Hadaway—Matthew Morton

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Thomson Hayton Winkley—Nina Hood

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Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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