Austrian legal test case offers British expats hope after Brexit

‘Unchartered territory’

“It is uncharted territory, but what we do know, thanks to Rottmann’s case, is that the European court requires member states to justify any infringement of EU citizenship rights,” she said in her article, published on The Conversation website on Tuesday.

“The court is clear that the consequences of such a decision for the person concerned need to be taken into account. This is where those who have been living abroad in Europe for years, who have retired there, who have raised their families there, should feel more at ease.

“The court will not easily allow their European Union citizenship rights to be withdrawn,” she said.

PhD on European Union citizenship

Wesemann holds a German law degree and an LLM in European Union Law from the University of Sussex and is a lecturer in law at The Open University. Her PhD research focusses on European Union citizenship and in how far it is uphold as a constitutional right by the Court of Justice of the European Union.

She points to Article 20 of the Treaty on the Functioning of the European Union, which is one of the two main treaties establishing the EU, states that every person holding the nationality of a member state shall be a citizen of the EU. 

ABOUT THE AUTHOR
Gary Robinson
Deputy Editor, International Investment and Head of Video at Open Door Media Publishing. A fully qualified journalist and filmmaker with more than 20 years' financial services experience, both as journalist and originally as an IFA.

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