Brunel University London's Dr Dimitrios Giannoulopoulos – Associate Dean, Director of the Britain in Europe think tank and academic adviser to the ‘New Europeans’ – delivered this insight when giving evidence to the Lords’ EU Justice Sub-Committee on 31 October as part of an invited panel of experts.
The House of Lords probes argument that uncertainty around status of EU citizens may be a human rights violation. The continuing uncertainty around the status of EU citizens living in the UK is affecting their personal, social and economic relations, and could result in claims to the European Court of Human Rights under Article 8 of the Convention, in line with existing case law coming from the Strasbourg court.
Dr Giannoulopoulos told the committee, chaired by Baroness Kennedy of the Shaws, that the UK's failure to secure the rights of European citizens – and, conversely, the EU’s failure to secure those of UK citizens in the EU27 countries – is an oxymoron: “Negotiations over their right to stay are ongoing, even though there is a right to stay under international law, which prevents the ejection of people, and is non-negotiable.” He offered the view that “faced with the dire prospect of continued uncertainty for 5 million people, the Court would be hard pressed to actively protect their fundamental human right to private and family life”.
You can watch the video of the proceedings here.