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BREXIT

Frustrated France says Brexit deadline could be pushed back but ‘deal cannot be reopened’

France's Minister for Europe said on Wednesday the Brexit deadline could be pushed back if the UK request it, but dismissed the idea of the deal being renegotiated saying "we have other things to do in Europe than busy ourselves with this divorce."

Frustrated France says Brexit deadline could be pushed back but 'deal cannot be reopened'
Photo: AFP

The European Union could push back the looming March 29th Brexit deadline if London made such a request, France's Europe Minister Nathalie Loiseau said on Wednesday a day after Theresa May's Brexit deal was thrown out by British MPs

“Legally, technically, it's possible,” Loiseau told France Inter radio adding that the rejection of May's deal was “bad news” for all parties.

“The British need to ask for it and there needs to be a unanimous agreement among the 27 other members of the European Union to say: 'Alright, you chose March 29 as the leaving date… Ok, we'll push it back.”

But she suggested that any notion the deal could be reopened and renegotiated is deeply optimistic on the part of the British.

Her comments came the morning after Britain's parliament overwhelmingly rejected the deal negotiated by Prime Minister Theresa May to leave the EU. 

Loiseau stressed that other EU nations considered the deal already on the table to be “the only one possible”. 

 “The agreement cannot be looked at again,” Loiseau said. “We have really explored all the options. If you want an orderly separation which allows Britain to stay close to the European Union in the future, this is the agreement,” she added.

“The other options… are either no deal, or no Brexit.”

“The text cannot be re-opened especially after we’ve gone 17 months with all the comings and goings. It’s been one third of my work since I became minister, which is a bit excessive…

“We have other things to do in Europe than busy ourselves with this divorce…”

Loiseau summed the frustration on the part of EU member states with Britain's deeply divided parliament.

“We see there is no majority for this agreement, but we don’t know what there is a majority for…they want to leave the European Union to do what?” she said.

Asked why Britain's departure from the EU was proving so problematic Loiseau said: “A certain number of British, including British politicians, didn’t realise what being a member of the EU meant.” She added: there had been “massive misinformation” during the referendum campaign”.

 In a message to Britain, she said: “Hurry up… March 29th is right around the corner.” 

The same point was stressed by the EU's negotiator Michel Barnier who warned Wednesday that the British parliament's overwhelming rejection of a negotiated Brexit deal increases the risk that Britain will crash out of the European Union without an agreement.

“We are 10 weeks from the 31st of March and at 10 weeks the risk of a no deal has never seemed so high,” Barnier told a session of the European Parliament in the eastern French city of Strasbourg.

Speaking sortly after May's crushing defeat French President Emmanuel Macron said it was likely an extension to the Brexit deadline would have to be negotiated.

“Either way, we will have to negotiate a transition period with them because the British cannot afford to no longer have planes taking off or landing at home, and their supermarkets, as much as 70 percent, are supplied by continental Europe.”

“Second option, they tell us… 'We'll try to improve what we can get from the Europeans and then hold the vote again.

“In that case, we'll look into it. Maybe we'll make improvements on one or two things, but I don't really think so because we've reached the maximum of what we could do with the deal.”

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BREXIT

Is new court ruling the end for Britons fighting to remain EU citizens?

The Court of Justice of the European Union confirmed on Thursday that Brexit really does mean that Britons are no longer EU citizens. Claudia Delpero looks at whether there's any other way they can keep their rights.

Is new court ruling the end for Britons fighting to remain EU citizens?

The Court of Justice of the European Union confirmed on Thursday that Britons lost EU citizenship when the UK left the EU, on 1st February 2020. 

It is the first time the EU’s top court has rules on the matter, after a number of legal cases challenged this specific Brexit outcome. The decision also sets a precedent should other countries decide to leave the bloc in the future. 

What has the EU Court decided?

The Court of Justice decided on a case brought by a British woman living in France.

Before Brexit, she could vote and stand as a candidate in her town of residence, Thoux. But after the UK withdrawal from the EU, she was removed from the electoral roll and excluded from the municipal elections that took place in March 2020, during the transition period.  

As the mayor refused her appeal to restore the registration, she took the case to the regional court in Auch, which agreed to request an interpretation of the rules to the EU top court. 

Julien Fouchet, the barrister supporting her and several other cases on the EU citizenship of British nationals, argued that the loss of EU citizenship and voting rights was disproportionate. It would also be contrary to the EU Charter of Fundamental Rights, given that the woman also lost her voting rights in the UK, having lived abroad for more than 15 years.

Alice Bouillez, who has lived in France since 1984 and is married to a French national, could have applied for French citizenship, but did not do so because she said “this was not necessary” before Brexit and, as a former UK official, she had taken an oath of allegiance to the Queen.

On Thursday the Court of Justice announced the decision about her case. The court ruled that the “possession of the nationality of a member state is an essential condition for a person to be able to acquire and retain the status of citizen of the Union and to benefit fully from the rights attaching to that status.”

The court therefore confirmed that British nationals automatically lost their EU citizenship as a result of Brexit and, as a consequence, Britons also lost their voting and electoral rights in municipal elections in the EU (unless the country where they live set different rules). 

What is EU citizenship?

EU citizenship was introduced by the Treaty of Maastricht of 1992, when borders were opening and the bloc was integrating economically after the end of the Cold War. 

Under the treaty, every person holding the nationality of an EU member state is a citizen of the Union. EU citizenship is additional and does not replace nationality, the treaty specifies. But this creates the first form of a transnational citizenship that grants rights across borders.

EU citizens have the right to access each other’s territory, job market and services under the principle of non-discrimination. If they are economically active, they have the right to reside in other EU states and be joined by family members, access healthcare at the same conditions of nationals (for emergency treatment also when travelling temporarily), obtain social security benefits and see their professional qualifications recognised.

Beyond free movement, at the core of EU citizenship there are also political rights, such as participating in the European Parliament election, voting and standing as candidates in municipal elections when living in other EU countries, receiving consular protection from other EU states outside the EU, and taking part in European Citizens’ Initiatives asking to the EU to legislate on certain matters. 

Which EU citizenship rights have Britons lost with Brexit? 

For British citizens who were living in the EU before Brexit, the Withdrawal Agreement protects some of these rights. Britons covered by deal have their residence, access to work and education, healthcare, social security and qualifications secured, but only in the country where they were living before Brexit.

But the right to free movement in other EU states, consular protection in third countries, and the political rights attached to EU citizenship were lost, the Court confirmed. 

For British citizens in the UK, the trade and cooperation agreement has preserved some social security rights and, in theory, the possibility to have professional qualifications recognized when moving to an EU country. These provisions however lack details and may take a long time before they work in practice. 

As the “European Union” no longer features on British passports, the possibility to access EU lanes at airports to skip passport control queues has also vanished. 

“The loss of those treasured rights has been clear to those of us living in the EU from the early days of Brexit. But for Brits in the UK, the realities of life outside the EU, and the consequences of Brexit, are only just dawning. Long queues at the borders, roaming charges, obstacles to working abroad, etc. are the new reality,” said Sue Wilson, Chair of the group Remain in Spain. 

While she said the court’s decision was “no real surprise,” she argued that “this is not the Brexit the public were promised, or that the majority voted for.”

Can British citizens get some of these rights back?

Julien Fouchet was disappointed at the Court decision and promised to continue the legal fight, bringing the case at the European Court of Human Rights (which is not an EU institution). 

Other two cases on the matter of EU citizenship for British nationals are still pending at the Court of Justice of the EU. One of them aims to determine whether EU citizenship is a “fundamental status” that cannot be removed but Thursday’s decision could have already provided the answer.

Another option to reconsider some of the rights is the renegotiation of EU-UK trade agreement, when it will be reviewed in 2025. 

Meanwhile, the EU is revising the rules for non-EU citizens living in EU countries on a long-term basis, making it easier to move across borders. 

Applying for citizenship is so far the only option to regain voting rights, although not all EU countries allow dual nationality. 

Sue Wilson, who has long campaigned for the UK to stay in the EU, said: “There is only one way to restore the loss of our rights, and that’s to rejoin the single market, rejoin the customs union, and eventually, rejoin the European Union… Until that day, we will continue to be second class citizens whose rights have been diminished for the sake of an ideology.”

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