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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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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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