Monday’s Harry Shindler case at the CJEU serves to demonstrate how difficult it can be for individuals to get a case before the CJEU unless they have already been directly affected.
The notification and opening of negotiations are only preparatory acts, and until the agreement has been ratified by the Council, the EU Parliament and the UK Parliament, there is no final act defining what rights are lost by withdrawal and transition.
What is clear is that the Withdrawal Agreement is set to impose arbitrary, discriminatory and disproportionate loss of rights on EU citizens (in particular UK citizens), and arguably does not comply with EU law.
The Political Declaration will not change any of that, given Theresa May’s self-imposed “red lines”.
The question is always by whom, when and in which court these challenges should be made so as to get past the permissions hearing stage and on to the arguments on the substantive points.
The outcome of today’s Andy Wightman case in the CJEU and the subsequent pronouncement by the Court of Session, a case which is testing Part 2 of The Three Knights Opinion we commissioned, is pivotal.
The Government has already conceded Part 1 of The Three Knights Opinion that the UK’s Parliament can instruct the Government to revoke the Article 50 notification.
When we have the ruling from the CJEU on the challenge by Andy Wightman & others plus the result of the “meaningful vote” debate on 11th Dec, we will have a clearer idea on the direction of travel for future challenges about loss of rights for UK Citizens both at home and abroad.
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Published by Grahame Pigney on behalf of The People’s Challenge Ltd.