This book is open access under a CC BY 4.0 license. This Open
Access book investigates European citizenship after Brexit, in
light of the functionalist theory of citizenship. No matter its
shape, Brexit will impact significantly on what has been labelled
as one of the major achievements of EU integration: Citizenship of
the Union. For the first time an automatic and collective lapse of
status is observed. It is a form of involuntary loss of citizenship
en masse, imposed by the automatic workings of the law on EU
citizens of exclusively British nationality. It does not however
create statelessness and it is likely to be tolerated under
international law. This loss of citizenship is connected to a
reduction of rights, affecting not solely the former Union citizens
but also second country nationals in the United Kingdom and their
family members. The status of European citizenship and connected
rights are first presented. Chapter Two focuses on the legal
uncertainty that afflicts second country nationals in the United
Kingdom as well as British citizens, turning from expats to
post-European third country nationals. Chapter Three describes the
functionalist theory and delineates three ways in which it applies
to Brexit. These three directions of inquiry are developed in the
following chapters. Chapter Four focuses on the intension of Union
citizenship: Which rights can be frozen? Chapter Five determines
the extension of Union citizenship: Who gets to withdraw the
status? The key finding is that while Member states are in
principle free to revoke the status of Union citizen, former Member
states are not unbounded in stripping Union citizens of their
acquired territorial rights. Conclusions are drawn and
policy-suggestions summed up in the final chapter.
General
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