Three Lords amendments proposed to the EU bill related to rights of non-UK EU citizens

Author: Ruvi Ziegler


Three Lords amendments related to rights of non-UK EU citizens were proposed yesterday.

Baroness Hayter's accepts the government's premise that this should be a subject for negotiations: it is not a unilateral, pre-negotiations guarantee.

Baroness Hamwee's replicates Harriet Harman's amendment (the JCHR formulation) which was rejected 332-290 in the Commons.

Lord Newby's is facially more protective: it sets no cut-off date and does not merely refer to 'residence rights'. Notably, ensuring that rights enjoyed by UK citizens living elsewhere in the EU are not affected is not in the unilateral gift of Parliament, so the latter part of the provision is horatory.

The full amendments read as follows:

BARONESS HAYTER OF KENTISH TOWN, LORD LENNIE, LORD HANNAY OF CHISWICK

“EU and EEA nationals resident in the United Kingdom"

In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must resolve to ensure that citizens of another EU or EEA country, who are legally resident in the UK on the day on which this Act is passed, are not disadvantaged in relation to their right to reside and work in the UK or their potential to acquire such rights in the future.

 

BARONESS HAMWEE, LORD WOOLF, BARONESS LAWRENCE OF CLARENDON, LORD KERSLAKE

“Rights of EU citizens resident in the United Kingdom"

Nothing in this Act shall affect the continuation of those residence rights enjoyed by EU citizens lawfully resident in the UK on 23 June 2016, under or by virtue of Directive 2004/38/EC, after the UK’s withdrawal from the EU

 

LORD NEWBY, BARONESS LUDFORD, LORD PADDICK, LORD OATES

“Effect of notification of withdrawal: EU citizens in the UK and UK citizens in the EU"

Nothing in this Act shall affect the continuation of those rights of residence and other rights enjoyed by EU citizens lawfully resident in the UK and UK citizens lawfully resident in the EU pursuant to EU law after the UK’s withdrawal from the EU.”

Read the full proposal here.


Ruvi Ziegler

About the Author

Ruvi Ziegler

Dr Reuven (Ruvi) Ziegler is Associate Professor in International Refugee Law at the University of Reading School of Law, where he is a member of the Global Law at Reading (GLAR) research group (specialising in human rights, international humanitarian law and international refugee law).

He is Editor-in-Chief, Working Paper Series, Refugee Law Initiative (Institute for Advance Legal Study, University of London). He is a Research Associate of the Refugee Studies Centre, University of Oxford, and an Academic visitor at its Faculty of Law. He is also a researcher at the Israel Democracy Institute (analysing the treatment of African asylum seekers in Israel as part of the Constitutional Principles project).

Previously, he was a visiting researcher at Harvard Law School (affiliated with its Immigration and Refugee Clinic and with the Human Rights Program) annd a Tutor in Public International Law at the University of Oxford. He holds DPhil, MPhil, and BCL degrees from the University of Oxford; LLM with specialisation in Public Law from Hebrew University; and a joint LLB and BA from the University of Haifa.

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Ruvi Ziegler

About the Author

Ruvi Ziegler

Dr Reuven (Ruvi) Ziegler is Associate Professor in International Refugee Law at the University of Reading School of Law, where he is a member of the Global Law at Reading (GLAR) research group (specialising in human rights, international humanitarian law and international refugee law).

He is Editor-in-Chief, Working Paper Series, Refugee Law Initiative (Institute for Advance Legal Study, University of London). He is a Research Associate of the Refugee Studies Centre, University of Oxford, and an Academic visitor at its Faculty of Law. He is also a researcher at the Israel Democracy Institute (analysing the treatment of African asylum seekers in Israel as part of the Constitutional Principles project).

Previously, he was a visiting researcher at Harvard Law School (affiliated with its Immigration and Refugee Clinic and with the Human Rights Program) annd a Tutor in Public International Law at the University of Oxford. He holds DPhil, MPhil, and BCL degrees from the University of Oxford; LLM with specialisation in Public Law from Hebrew University; and a joint LLB and BA from the University of Haifa.

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