Does Member State withdrawal automatically extinguish EU citizenship?

  • Oliver Garner

Research output: Contribution to Book/Report typesChapterpeer-review

Abstract (may include machine translation)

In 2018 a preliminary reference request to the Court of Justice of the European Union asking whether Brexit would automatically extinguish EU citizenship for UK nationals was overturned on appeal. This chapter considers the counterfactual if the Court of Justice had indeed consid-ered the question before the Withdrawal Agreement came into force. It summarises the place of EU citizenship in the Brexit negotiations; presents the arguments for and against automatic ex-tinction and their underpinning methodologies; and proposes a compromise position of condi-tional extinction of EU citizenship. It concludes with a warning that, if EU citizenship were ever emancipated from Member State nationality, this should be achieved through a democratic exer-cise by citizens rather than the judicial process. © The Editors and Contributors Severally 2022. All rights reserved.
Original languageEnglish
Title of host publicationResearch Handbook on European Union Citizenship Law and Policy
Subtitle of host publicationNavigating Challenges and Crises
EditorsDora Kostakopoulou, Daniel Thym
PublisherEdward Elgar Publishing Ltd.
Pages201-223
Number of pages23
ISBN (Electronic)9781788972901
ISBN (Print)9781788972895
StatePublished - 2022
Externally publishedYes

Publication series

NameResearch Handbooks in European Law

Fingerprint

Dive into the research topics of 'Does Member State withdrawal automatically extinguish EU citizenship?'. Together they form a unique fingerprint.

Cite this