Notes

  • 1. The reported surge in hate-crimes registered post-Brexit seems to confirm the reading.
  • 2. For a broader impact assessment, see Peers 2016a.
  • 3. See Joint Cases 356/11 and 357/11, O, S EU:C:2012:776, § 52; Case C-87/12, Ymeraga EU:C:2013:291, § 38. Also see Case C-86/12, Alokpa EU:C:2013:645.
  • 4. See http://www.migrationobservatory.ox.ac.uk/resources/commentaries/ today-gone-tomorrow-status-eu-citizens-already-living-uk/ (last accessed 12 November 2016).
  • 5. UN DESA Population Division (2015), ‘Trends in international migrant stock: the 2015 Revision,’ UN. Doc. POP/DB/MIG/Stock/Rev.2015.
  • 6. See Eurostat (2016), ‘Population on 1 January by five year age group, sex and citizenship (migr_pop1ctz)’ (http://ec.europa.eu/eurostat/web/population- demography-migration-projections/population-data/database/).
  • 7. EU Parliament report, Disenfranchisement of EU citizens resident abroad, June 2015, available at http://www.europarl.europa.eu/RegData/etudes/ IDAN/2015/564379/EPRS_IDA(2015)564379_EN.pdf (last accessed 12 November 2016).
  • 8. Non-discrimination on the grounds of nationality, the very principle holding together the legal positions attributed to Union citizens, applies independently of residence on ‘Union territory’ (C-300/4, Eman and Sevinger, EU:C:2006:545 [2006] ECRI-8055].
  • 9. The Leave campaigned made this claim: http://www.voteleavetakecontrol. org/restoring_public_trust_in_immigration_policy_a_points_based_non_ discriminatory_immigration_system. A 2016 lib-dem bill advocates a ‘sunset clause’ that would allow EU citizens to continue on the track of acquiring right of permanent residence or indefinite leave to remain for a number of coming years. Indefinite leave offers fewer protections against deportation than permanent residence. In general, a leave is a concession and not a right. The Belgian Cour Constitutionnelle has formulated the point in crystal clear terms: the grant of a residence permit ‘constitue unefaveur et non un droit’ (Cour Constitutionnelle, judgment of 26 September 2013, no. 123, available at http://www.const-court.be/public/f/2013/2013-123f.pdf, at 7).
  • 10. Scholars have also pointed out the risk of ‘brain drain’ from the UK: Shaw 2016.
  • 11. The fact that naturalising involves loss of Treaty rights is entrenched in the EU citizenship idea. Notice that the history of EU citizenship is strongly marked in this sense: already at the Paris summit 1977 when talk of ‘European identity’ pushed for the acknowledgement of ‘special rights’ (i.e. privileges) for nationals of member states in respect of nationals of non-member states, the Report presented by the Commission to the Council on 3 July 1975, Commission of EC, Bulletin of the European Communities, Supplement 5/75, COM (75) 321 final, Brussels 2 July 1975, stated at 32: ‘in the view of the probable development of the Community this possibility [of encouraging the naturalisation of workers going to other member states] involving a simple exchange of nationality seems less promising than the idea of equality with the nationals of the host State.’ On the history of EU citizenship see Maas 2007.
  • 12. According to barrister Colin Yeo, there are tens of thousands of persons in this situation. Watch Migrants’ Rights Network, Q&A on EU migrants rights after Brexit, available at https://www.youtube.com/watch?v= Doi3KYfkbp8&spfreload=5 (last accessed 30 October 2016). Generally on the situation of Germans in the UK, Mulder 2016.
  • 13. On the ‘fabrication of citizens’ and its political consequences, see Mindus 2014, chapter 3 section 6. On the multiplicity of statuses in British nationality law see Sawyer and Wray 2014.
  • 14. See https://www.theguardian.com/politics/2016/oct/19/huge- increase-britons-seeking-citizenship-eu-states-brexit-looms (last accessed 30 October 2016).
  • 15. Freedom of movement and residence is not an entitlement strictly linked to Union citizenship: its ratio personae is both over- and under-inclusive. It is not recognised unconditionally to Union citizens (as underscored by Case C-333/13 Dano EU:C:2014:2358) and a number of third country nationals are covered by acquis in relation to freedom of movement. Third country nationals holding a valid residence permit or visa have the right to move freely within the Schengen area for up to three months within a six- month period, the rights in relation to taking up residence for a period exceeding three months in another member state is covered by specific legal instruments, depending on their status, and subject to conditions in national legislation (e.g. blue card, intracorporate transfers, long-term residents, researchers, students). See Spaventa 2008; Garcia Andrade 2014, 111 ff.
  • 16. Except the 12 member states were provided for by national law. See the seminal comparative work in Shaw 2007.
  • 17. See e.g. Case C-503/09, Lucy Stewart EU:C:2011:500.
  • 18. See e.g. Case C-224/02, Pusa (Opinion of A.G. Jacobs) EU:C:2003:634; Case C-406/04, De Cuyper EU:C:2006:491). For an analysis of these, see Strumia 2013, pp. 441-447.
  • 19. EU Directive on third country national researchers 2005/71 EC, 12/10/ 2005 OJ L 289, 18.6.2009, 17-29.
  • 20. Data from Department for Work and Pensions: http://tabulation-tool.dwp. gov.uk/100pc/sp/cccountry/cat/ccgor/a_carate_r_cccountry_c_cat_p_ ccgor_claimants_living_abroad_aug15.html (last accessed 30 October 2016).
  • 21. Directive 2004/114/EC on the conditions of admission of TCN for the purposes of studies, pupil exchange, unremunerated training or voluntary service. See also De Witte 2013.
  • 22. See the Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers.
  • 23. Contrarily to Viviane Reding, according to whom ‘one should not put a price tag on Union citizenship’ (Speech before European Commission ‘European citizenship should not be up for sale,’ Speech/14/18, 15 January 2014), this is being done: See the newly launched index of the ‘value’ of nationality quality of nationality index that was developed by Kochenov in collaboration with Henley & Partners: see https://www.natio nalityindex.com/ (last accessed 30 October 2016). It is being used by governments to see how valuable their citizenship is, by prospective buyers to check the merchandise, and by those making projections on the ‘value’ of citizenship.
  • 24. The number of applications to the Maltese individual investor program that have been withdrawn after the referendum is telling.
 
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