Tuesday 14 September, 2021
Update on EU Case T-252/20
This case concerns the very nature of EU Citizenship, and the Rights which arise from that citizenship.
The applicants contend that EU citizenship, once it has been vested in an individual by the EU under EU Law, becomes a separate, independent Citizenship. That Citizenship is also a fundamental individual status and right which, once given, confers other fundamental rights on that individual. In accordance with EU Law, as well as International Human Rights Law, neither EU Citizenship nor the rights attached to it can then be "removed" without an individual consultation process.
In fact, any attempt to "remove" EU Citizenship, and the individual's rights which arise therefrom, without due process is a breach of Article 1 of the Charter of Fundamental Rights of the European Union (Human Dignity), which is inviolable and must be respected and protected by the European Union - and its Member States - at all costs.
At the time of writing, 155,794 people have registered their intention to retain their EU Citizenship and Rights at the site https://www.www.eucitizenship.org was created to give all EU Citizens an opportunity to express their support for EU Citizenship: UK nationals who were born before 31st January 2020 and therefore received EU Citizenship can register their intention to retain their EU Citizenship, and other EU Citizens can express their view that UK Citizens will keep their EU Citizenship and Rights. At the time of writing this update, 155,794 people have registered their intention to retain their EU Citizenship and Rights, or their wish that UK nationals who were conferred EU Citizenship must be free to do that.
When the UK-EU Withdrawal Agreement came into effect on 31 Jan 2020, UK citizens had the right to object to the decision of the Council of the European Union to adopt the Agreement, which de facto "removes" EU citizenship and rights from all UK nationals born before 31 January 2020 without their express permission.
When the UK-EU Withdrawal Agreement came into effect on 31 January 2020, UK Citizens who had been born by then had the right to object to a decision of the Council of the European Union to adopt the Agreement, which de facto "removes" EU Citizenship and Rights from all UK nationals born before 31 January 2020, but without seeking their express permission to do that.
Seven UK nationals from diverse backgrounds duly registered their objection with the competent EU Court, the General Court of the EU, on 23 April 2020 (Silver vs Council of the EU, Case T -252/20) .
The General Court at first made the Applicants believe that they would consider the substance of the case in order to decide whether the applicants have standing. Then, after seven months, and without giving any explanation of their change of mind, the General Court adopted an Order on 8 June 2021 that the Applicants do not have standing to bring the case.
Our lawyers Dr Alexandra von Westernhagen, Mr David Harrison and Professor Takis Tridimas believe that the Order of the General Court does not comply with EU Law and the relevant case law from the ultimate Court of the EU, the European Court of Justice (ECJ). As a result the Order of 8 June 2021 has now been appealed to the ECJ, on 13 August 2021, with a request that the ECJ set aside the Order of 8 June 2021, declare our Application admissible, and grant the Orders which we originally sought before the General Court on 23 April 2020.
From the very beginning of the European integration process of the 1950s, it has been a major aim to establish an inseparable bond between all the people of Europe, at least in part so as to avoid further conflict and war.
The European Union received the Nobel Peace Prize in 2012 for advancing the causes of peace, reconciliation, democracy and human rights in Europe. We believe that as Citizens of the EU we must stand in solidarity with all our fellow 515 million EU Citizens and all other people around the world who adhere to the values on which the European Union was founded: respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including of course the rights of persons belonging to minorities.
We therefore appeal to the European Union and its institutions to reconsider its position in relation to EU citizenship as a fundamental status and right of the individual which creates an inseparable bond between the EU and its citizens, and among the citizens of the EU.