Automatic transformation of EU citizenship rights is the way forward

The British Home Office has created a bureaucratic nightmare for EU citizens applying for permanent residency. Might there be a better way forward?

According to official figures there are over three million non-UK EU citizens living in the United Kingdom, many of which live in Bristol. Following the referendum of 23 June 2016 and the notification by the UK government to withdraw from the European Union many of those citizens are naturally feeling anxious about Brexit and the future of their rights in this country. What will happen to them once the UK leaves the EU is still unclear. In the Guidelines Following the UK’s Notification under Article 50 TEU adopted on 29 April 2017, the EU 27 recognise that “the United Kingdom’s decision to leave the Union creates significant uncertainties that have the potential to cause disruption”, notably for “[c]itizens who have built their lives on the basis of rights flowing from the British membership of the EU [and] face the prospect of losing those rights”.

Clarifying the status of EU citizens could have been done unilaterally by the British government. It chose not to, however, arguing that the status of UK nationals in EU states also needed to be addressed and reciprocal rights offered. Although the issue was raised in parliament during the debate over the European Union (Notification of Withdrawal) Bill legal uncertainty remains. The European Union has on several occasions stressed that finding a solution to this issue was paramount and needed to be tackled at an early stage of the Brexit negotiations. Indeed as stressed in paragraph eight of the EU 27’s guidelines, “[t]he right for every EU citizen, and of his or her family members, to live, to work or to study in any EU Member State is a fundamental aspect of the European Union”.

This was the main theme of the workshop ‘Bristol in Flux: Suspended Citizenship’ organised by the University of Bristol on 3 April 2017 to which we, as lecturers in EU Law at the University of the West of England and authors of the textbook European Union Law, were invited. One of the subtopics broached at the workshop was the fate of long-term EU residents who seem to be most affected by Brexit. The debate predominantly centred upon two themes of immediate practical relevance: first, the conditions for obtaining a UK status, and second, the processes and practicalities of transforming their EU status into a UK status. Continue reading

Brexit, Bristol and business

Business was never unified on its stance towards Brexit, and very few assessments have studied how it will affect local economies.  Might Bristol be the place to start?

Bristol city centre at night. Luke Andrew Scowen/Flickr. (CC 2.0 by)

Glenn Morgan is Professor of Management at the University of Bristol

In the run-up to the Brexit referendum, there was a common assumption that business was strongly in the Remain camp. This suited the purposes of those determined to paint the issue as one of the elites versus the people. It was never an accurate portrayal of the situation. Instead, businesses tended to line up along the narrow lines of their commercial interests or to remain on the sidelines (as was the case with large retailers such as Tesco and Sainsburys).

The City of London, which has gained from being inside the EU, predominantly backed Remain though some of the more activist hedge funds openly supported Leave. The car industry, predominantly owned from outside the UK but deeply integrated with the EU in terms of markets and supply chains, supported Remain. Other large manufacturers, most obviously Dyson – for whom the EU was only a small part of their overall market and whose supply chain stretched into Asia rather than the EU – were more critical of Remain. They were skeptical of ‘Project Fear’ and the idea that Brexit would cut off EU markets to any significant degree. They also saw advantages in getting out from under what had become portrayed as ‘gold-plated’ EU regulation. Continue reading

Making sense of Brexit: foreigners in defence of foreigners’ rights

There are a reported three million EU citizens and more than five million non-EU citizenships in Britain. Why aren’t they organising ahead of the election?

People on a march with Brexit signs

Stop Brexit, National march to Parliament. London, UK. 25 March 2017. Ik Aldama/DPA/PA Images. All rights reserved.

The triggering of article 50 on 29 March and the call for snap elections on 18 April 2017 represent the political consolidation of a conservative turn in the national agenda. Both issues also represent the political legitimation of a ‘hard Brexit’ and the correlative defeat of democratic and progressive forces. In almost a year since the referendum, political parties and organised sectors of civil society have been unable to articulate a successful opposition to the conservative turn and the political alignment of the country under the still fragile power of the current government.

In particular for foreigners (EU and non-EU immigrants), this alignment implies the radicalisation of an explicit agenda of reduction and re-evaluation of rights that leaves us without any significant representation in the British side of the negotiations. If the June election represents a new political opportunity, then the challenge is to organise our communities. In this article I would like to suggest some ways a social movement of foreigners might be able to defend the civil rights of immigrants and counterbalance the conservative turn during the Brexit negotiations. Continue reading

Neighbourhood responses to Brexit challenges

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Barton Hill, Bristol. Synwell/Flickr. (CC 2.0 by-nc-nd)

Ed Palairet has been a resident of Knowle West since 2009, where he raises his young family, leads a Christian community, chairs the Churches Together group and is a trustee of a local charity. Follow him on twitter @EdwardPalairet.

“Taking back control”, they said. If that means being active citizens and active listeners, there may be hope.

Brexit has presented us with a series of new challenges and revived some old ones. While these are of continental magnitude, very practical ways forward at the very local level (that people can engage with organically) can be more effective than grand solutions that too often seem ‘out of touch’.

Neighbourhoods are not the only unit of political organisation, interest or identity. Indeed, some people simply use their address to sleep and receive bills, while others use their address as a base around which to have meaningful social interactions, create community and become active in their neighbourhood. This means that not everyone will engage with the concept of ‘neighbourhood’, but here are a few good reasons from the #BristolBrexit discussions to start doing so. Continue reading

29th March 2017 – a day of historical significance? How history is (mis)used to illustrate our ‘glorious’ present

Statue of Europe, Unity in Peace

Dr. Martin Hurcombe,
Reader, School of Modern Languages, University of Bristol

There are some who will no doubt greet the triggering of Article 50 on the 29th March 2017 as an occasion of historical significance. It may seem churlish to even state otherwise, but my sense is that this is not a date that will live long in the memory. It is simply the prelude to events of far greater importance, the scale of which few of us seriously claim to be able to gauge in all their potential complexity.

No doubt, though, politicians and journalists will once again be casting around for historic parallels, for popular aides-mémoires through which the public can grasp the event. They will struggle to find anything quite like this in living memory, so will have to delve deep into our nation’s bag of collective memories. I expect Boris Johnson’s paws will delve the deepest. Out will come toy spitfires, reminders of our island status and how we all pulled together (whoever we are now) in moments of national need.

War memories often act as handy markers of national identity. They are quintessential moments when the nation pulled together. It is therefore unsurprising that the Leave campaign so frequently returned to what Estelle Shirbon of Reuters dubbed ‘Britain’s World War Two fixation’.  The Blitz and Churchill (possibly one of the Conservative Party’s most ardent Europeans) were all trotted out, whilst the European Union was depicted by Johnson as Hitler’s victory from beyond the grave. Continue reading

Cheap goods at what cost? How the EU Road Package can address ‘unfair payments’ to truck drivers

© Copyright David Dixon and licensed for reuse under this Creative Commons Licence.

Peter Turnbull, profile photo

Professor Peter Turnbull, School of Economics, Finance & Management, University of Bristol

As you drive home at night, do you ever pause to think about the many trucks parked in lay-bys at the side of the road? You might be only a few miles from home, but the driver’s home could be thousands of miles away. Imagine if the truck door was the front door to your home, the truck cabin both your office and your bedroom. If this sounds far-fetched, then spare a thought for the thousands of East European truck drivers who work for weeks on end, sometimes months, in Western European countries, driving, eating and sleeping in their cab.

A survey of around 1,000 East European road haulage drivers published by the European Transport Workers’ Federation (ETF) in 2013 found that the majority (60%) spent between 3-12 weeks away from home, 80% cooked and ate their own food in the lorry, 95% took their breaks and rest periods (including the weekly rest of 45 hours) in their lorries (contrary to EU working time regulations), 60% were paid by driven kilometres (despite EU Regulation 561/2006, Art.10 forbidding payments per kilometre schemes that have a negative impact on road safety), approximately 80% of the interviewed drivers stated that fatigue was a problem but they would not report it as they were afraid lose their job. A more recent 2015 study of 225 Bulgarian, Romanian and Macedonian drivers working in Denmark found that the average time working and living in their lorry away from home was 7 weeks (88% slept in their lorry most nights), pay was just €1,100 to €1,900 per month (16% were paid on the basis of kilometres driven), drivers reported regular breaches of the rules on working time and 13% stated that their employer exerted pressure on them to break the rules on driving and resting times. Continue reading

Government must ignore illegal proposals for a pre-Brexit cut-off point limiting the rights of EU nationals in the UK

Dr Albert Sanchez Graells, Senior Lecturer in Law, University of Bristol Law School

Dr Albert Sanchez Graells, Senior Lecturer in Law, University of Bristol Law School

In its paper of 13 March 2017 on “The Rights of EU Nationals in the UK Post-Brexit”, Migration Watch UK has put forward a range of proposals aimed at clarifying – and limiting – the rights of EU nationals in the UK in the context of Brexit. These proposals are illegal under EU law and the UK Government must ignore them in their process of shaping the UK’s migration policy towards EU nationals as a result of Brexit. This post summarises these proposals and details the reasons why they are illegal under EU law.

The proposals of the Migration Watch UK paper focus on two main categories of EU nationals: first, those that are residing in the UK at the time of triggering Article 50 Treaty of the European Union (TEU) but will not qualify for permanent residence at the time of Brexit (which the paper assumes to be March 2019) (category (a)). Second, those that will continue to arrive to the UK between the moment in which Article 50 TEU is triggered and the moment when Brexit becomes legally effective (category (b)). Even if the paper is not very clear about it, the proposals would also affect the rights of European Economic Area (EEA) nationals, as well as those of individuals whose residence and work rights derive from those of an EU/EEA national. For simplicity, though, I will stick to the use of the expression “EU nationals” to cover all of them. Continue reading

Women’s rights gained under EU law must not be lost in Brexit

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Sue Cohen, Research Associate in Bristol Law School

Much of the debate in the UK, pre and post the referendum, has been on the single market and freedom of movement. Gender has been all but cleansed from the Brexit political and media discourse, with barely a mention of investment in women’s equality, the social infrastructure and the institutions that might guarantee progressive gains from gender mainstreaming.

The EU Parliament’s Committee on Women’s Rights is a significant institution in this respect, and one we will lose upon Brexit. The Committee helps to process legislation on equal treatment adopted by EU institutions, invites transnational lobbying on women’s issues, and investigates particular issues and concerns that affect women.  It does this through commissioning research and reports that further gender mainstreaming in the funding programmes of the European Commission. (1)

Critically, the UK, has no comparable influential institution. The Women and Equalities Committee is a new select committee and its influence is not embedded in the decision-making structures and funding mechanisms across government. The Women’s Commission was closed down by the Coalition Government, whilst the influence of the Equality and Human Rights Commission (EHRC) has been eroded over time, with significant cuts in staff and funding and thus significant limitations on its ability to deliver strategic change. Continue reading

Miller: Why the Government should argue that Article 50 is reversible

Dr Phil Syrpis, Reader in Law, University of Bristol

Professor Phil Syrpis, Professor of EU Law, University of Bristol

Last week’s judgement in the High Court is a ringing endorsement of the sovereignty of Parliament. It asserts that ‘Parliament can, by enactment of primary legislation, change the law of the land in any way it chooses’ (at [20]).

It explains why the ‘subordination of the Crown (i.e. executive government) to law is the foundation of the rule of law in the United Kingdom’ (at [26]), including references to the bedrock of the UK’s Constitution, the Glorious Revolution, the Bill of Rights, and constitutional jurist AV Dicey’s An Introduction to the Law of the Constitution.

The Crown has broad powers on the international plane, for example to make and unmake treaties, but as a matter of English law, these powers reach their limits where domestic law rights are affected. EU law, by virtue of the European Communities Act 1972 (described again as a constitutional statute), does indeed have direct effect in domestic law. As a result of the fact that the decision to withdraw from the European Union would have a direct bearing on various

The Royal Courts of Justice in London, home of the Senior Courts of England and Wales. Credit- Anthony M. from Rome, Italy - Flickr

The Royal Courts of Justice in London, home of the Senior Courts of England and Wales. Credit- Anthony M. from Rome, Italy – Flickr

categories of rights outlined in the judgement (at [57]-[61]), the Crown cannot, without the approval of Parliament, give notice under Article 50.  Continue reading

Brexit: how did news media play a role?

 PhD researcher in Politics; Teaching Assistant in Politics, SPAIS, University of Bristol

Denny Pencheva, PhD researcher in Politics; Teaching Assistant in Politics, SPAIS, University of Bristol

In light of the EU referendum result, a lot has been said and written on why Britain voted to leave. From my own point of view, as an Eastern European migrant and an aspiring academic, the Leave victory was not so much a surprise, but rather a long-feared reality. Just to be clear, it is not that a sensible case for an EU exit could not have been made, it is that it was not made.

When I came to Britain I knew I was not in continental Europe, but I knew I was in the EU. And this offered some consolation in terms of guaranteeing the so-called acquired rights, given the numerous legal opt-outs Britain has within the EU, including on issues of immigration.

In light of my research around issues of asylum and migration, EU border control policies and more (see base of blog for detail), I want to examine how British mainstream media played a role in framing the main debates ahead of the EU referendum campaign and ask, what are the policy and real-life implications for British and EU citizens?

Continue reading