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 its intention to withdraw (even though this deadline can be
