July 05
2020
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Anjum Shabbir
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30th June 2020
External Relations & Trade Institutional law

Another case challenging the Council’s Decision to conclude the Withdrawal Agreement for breach of EU citizenship rights pending before the General Court

The case JU and Others v Council (T-252/20) in which the applicants seek the annulment of Council Decision 2020/135 on the conclusion of the Withdrawal Agreement is currently pending before the General Court, insofar as that Decision ‘deprives them without their consent and without due process of their status as Union citizens and their rights arising therefrom’.

The applicants argue that by depriving them, of their status of Union citizenship and the fundamental rights arising therefrom, the Council has breached Articles 20 and 23 TFEU, Article 50 TFEU, Articles 39, 40, 45 and 46 as well as Articles 7 and 19 of the Charter, the principles of proportionality, of equal treatment and of legitimate expectations.

They claim that Union Citizenship is the fundamental status of EU nationals. As such, it is personal in nature and, once vested, it does not automatically demise upon the withdrawal of the United Kingdom. The applicants allege that no person may be deprived arbitrarily of their Union citizenship status and the rights flowing thereof.

A case concerning similar issues was filed almost a month earlier than this case on 30 March 2020 (this case was filed on 23 April 2020).

See the questions as published in the Official Journal here.

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