The Brexit Talks: Opening Positions On The Condition Of Uk Together With Eu Citizens

Professor Steve Peers*

Introduction

One of the nigh high-profile issues relating to Brexit, which could potentially conduct hold the biggest direct touching on on the lives of the greatest number of people, is the number of what happens to United Kingdom of Great Britain too Northern Ireland citizens inwards the European Union too European Union citizens inwards United Kingdom of Great Britain too Northern Ireland after Brexit. This is 1 of the outset issues to locomote addressed inwards Brexit talks, too both sides conduct hold immediately adopted their positions: the European Union inwards the shape of a Council decision on the mandate for the Commission negotiators, dorsum on May 22, too the United Kingdom of Great Britain too Northern Ireland inwards the shape of a UK authorities proposal, released on June 26. As nosotros tin run across from these dates, it’s alone imitation to propose (as the UK Foreign Secretary has done, for instance) that this United Kingdom of Great Britain too Northern Ireland authorities proposal came first, with no European Union seat yet: it’s quite the opposite. (Equally it’s imitation to suggest, as the Brexit Secretary does, that amid the European Union institutions, only the European Union Commission is demanding that the ECJ conduct hold a role inwards the agreement).

This European Union seat also covers the issues of the fiscal consequences of Brexit too its purely transitional aspects (ie courtroom cases pending on Brexit Day), which no published United Kingdom of Great Britain too Northern Ireland proposal has addressed yet. However, I volition focus solely on the citizens’ rights issues for now. For the sake of simplicity, the relevant parts of the European Union seat are repeated inwards the Annex to this weblog post.

There is a basic alternative to locomote made whether the seat of United Kingdom of Great Britain too Northern Ireland too European Union citizens after Brexit is based on the ‘acquired rights’ approach (ie retaining their status nether European Union law) or an approach based on equality with nationals. As nosotros volition see, the European Union takes the onetime approach, piece the United Kingdom of Great Britain too Northern Ireland takes the latter, fifty-fifty though during the plebiscite sweat the Leave side promised acquired rights to both EU citizens inwards the UK (‘no change’, ‘no less favourable’) too UK citizens inwards the EU.

The European Union seat

Basically, the European Union seat follows the ‘acquired rights’ approach, adopting a broad interpretation of that concept to include rights which volition vest inwards futurity as good as those ‘in the physical care for of beingness obtained’, specifically permanent residence status which tin locomote obtained nether European Union complimentary displace constabulary after 5 years’ continuous legal residence. It explicitly covers both European Union citizens inwards the United Kingdom of Great Britain too Northern Ireland too United Kingdom of Great Britain too Northern Ireland citizens inwards the EU, including those who previously resided on 1 side or the other. Protection volition locomote based on equal handling compared to nationals – reflecting the minute alternative for approaching the number – for the lifetime of each person, via ‘smooth too unproblematic administrative procedures’.

The European Union seat goes on to define the personal scope of the deal: those covered yesteryear the EU citizens’ Directive (workers, self-employed too economically inactive people – implicitly dependent area to the limits inwards the Directive for ‘benefit tourists’, as discussed here), also including identify unit of measurement members who larn inwards before or after Brexit Day. It volition also repeat the compass of the European Union social safety Regulation, which addresses social safety coordination inwards cross-border situations as distinct from immigration status, including frontier workers (ie those who locomote inwards the United Kingdom of Great Britain too Northern Ireland but alive inwards France, or vice versa). 

The material scope of the bargain (ie the rights to locomote protected) should include residence rights based on the Treaties or the citizens’ Directive, as good as the procedural rules on documenting those rights; the social safety coordination rules, including export of benefits too cumulating social safety contributions made inwards dissimilar countries; the supplementary rights inwards the Regulation on complimentary displace of workers, including workers’ children’s access to education; access to self-employment; too recognition of qualifications which were obtained before Brexit Day or which are inwards the physical care for of beingness recognised on that date.  

As for enforcement, the European Union side wants this number to locomote enforced yesteryear the ECJ, too the rules inwards the withdrawal understanding to locomote enforced inwards accordance with pre-Brexit instance constabulary of the Court. Influenza A virus subtype H5N1 separate seat paper makes clear that this refers to all of the Court’s electrical flow jurisdiction, inwards exceptional references from national courts to the ECJ too Commission challenges to the UK.

The United Kingdom of Great Britain too Northern Ireland seat

Firstly, the United Kingdom of Great Britain too Northern Ireland newspaper states that it volition non alter the Common Travel Area arrangements betwixt the United Kingdom of Great Britain too Northern Ireland too Republic of Ireland (and the Crown Dependencies), including ‘the rights of British too Irish Gaelic citizens inwards each others’ countries rooted inwards the Republic of Ireland Act 1949’. To that end, ‘Irish citizens residing inwards the United Kingdom of Great Britain too Northern Ireland volition non necessitate to apply for settled status to protect their entitlements’. (It should locomote noted that about conduct hold questioned how much the Ireland Act inwards fact protects Irish Gaelic citizens’ immigration status inwards the UK).

Next, the document suggests its legal form: the authorities ‘undertakes to care for European Union citizens inwards the United Kingdom of Great Britain too Northern Ireland according to the principles below, inwards the expectation that the European Union volition offering reciprocal handling for United Kingdom of Great Britain too Northern Ireland nationals resident inwards its fellow member states’. It’s non clear if this is a unilateral offering conditioned on the supposition that the European Union side volition tally it, or whether it is a proposal to locomote dependent area to negotiations with the thought to beingness included inwards the withdrawal treaty. (At another points, the document refers to ‘negotiations’ too to an ‘international law’, however).

In detail, the United Kingdom of Great Britain too Northern Ireland authorities states outset that it volition comply with European Union complimentary displace constabulary until Brexit Day. Next, post-Brexit it ‘will create novel rights inwards United Kingdom of Great Britain too Northern Ireland constabulary for qualifying European Union citizens resident hither before our exit. Those rights volition locomote enforceable inwards the United Kingdom of Great Britain too Northern Ireland legal scheme too volition render legal guarantees for these European Union citizens’, amongst ‘commitments inwards the Withdrawal Agreement which volition conduct hold the status of international law’. The newspaper rules out ‘jurisdiction inwards the UK’ for the ECJ. Furthermore, the authorities newspaper pledges to care for ‘all European Union citizens equally’ compared to each other, although it is non clear how this fits with the special dispensation for Republic of Ireland referred to at the outset. 

While ‘qualifying European Union citizens volition conduct hold to apply for their residence status’, the ‘administrative procedures’ to this goal ‘will locomote modernised too kept as smoothen too unproblematic as possible’. But this volition locomote a national process: ‘a split upwards legal scheme, inwards United Kingdom of Great Britain too Northern Ireland law, rather than the electrical flow 1 for certifying the practice of rights nether European Union law’. This agency that the United Kingdom of Great Britain too Northern Ireland authorities ‘will tailor the eligibility criteria so that, for example, nosotros volition no longer require evidence that economically inactive European Union citizens conduct hold previously held “comprehensive sickness insurance” inwards lodge to locomote considered continuously resident’. The words ‘for example’ at that spot propose that at that spot powerfulness locomote other (unspecified) differences betwixt the criteria for obtaining status inwards the United Kingdom of Great Britain too Northern Ireland for European Union citizens.

As business office of the process, ‘all qualifying European Union citizens volition locomote given adequate fourth dimension to apply for their novel residence status after’ Brexit. This volition convey the shape of a ‘guarantee that qualifying individuals volition locomote granted “settled status” inwards United Kingdom of Great Britain too Northern Ireland constabulary (indefinite leave of absence to remain pursuant to the Immigration Act 1971).’ This agency ‘they volition locomote complimentary to reside inwards whatever capacity too undertake whatever lawful activity, to access populace funds too services too to apply for British citizenship’.

To larn this status, ‘the European Union citizen must conduct hold been resident inwards the United Kingdom of Great Britain too Northern Ireland before a specified date’, which is yet to locomote defined; but it volition locomote inwards betwixt March 29 2017 when the Article 50 missive of the alphabet was sent, too March 29 2019, Brexit Day (the authorities is expressly intending to negotiate this with the EU). They must also ‘have completed a menses of 5 years’ continuous residence inwards the United Kingdom of Great Britain too Northern Ireland before they apply for settled status, at which indicate they must silent locomote resident’. Since the criteria are national, non based on European Union law, the calculation of this menses powerfulness differ. As for ‘those European Union citizens who arrived too became resident before the specified date’ but who conduct hold non accrued 5 years’ continuous residence on Brexit Day, they ‘will locomote able to apply for temporary status inwards lodge to remain resident inwards the United Kingdom of Great Britain too Northern Ireland until they conduct hold accumulated 5 years, after which they volition locomote eligible to apply for settled status’. 

On the other hand, those European Union citizens who larn inwards after the [un]specified appointment ‘will locomote allowed to remain inwards the United Kingdom of Great Britain too Northern Ireland for at to the lowest degree a temporary menses too may conk eligible to settle permanently, depending on their circumstances – but this grouping should conduct hold no expectation of guaranteed settled status’. This category of people volition hence locomote treated quite differently than nether the European Union proposal.

As for identify unit of measurement members, whatever ‘family dependants’ who bring together a qualifying European Union citizen inwards the United Kingdom of Great Britain too Northern Ireland before Brexit ‘will locomote able to apply for settled status after 5 years’ (including where the 5 years falls after our exit), irrespective of the specified date’. Again, it is unclear what the definition of ‘family members’ volition be. However, identify unit of measurement members arriving after Brexit volition locomote dependent area to the same immigration rules as the identify unit of measurement of United Kingdom of Great Britain too Northern Ireland citizens, ‘or alternatively to the post-exit immigration arrangements for European Union citizens who larn inwards after the specified date’. This suggests a willingness to negotiate special rules on this number with the EU.

There volition locomote an exclusion for ‘those who are serious or persistent criminals too those whom nosotros consider a threat to the UK’; this powerfulness non tally the rules permitting exclusion of criminals too safety threats laid out inwards the European Union legislation too ECJ instance law. As for ‘benefits, pensions, healthcare, economical too other rights, inwards the expectation that these rights volition locomote reciprocated yesteryear European Union fellow member states, the Government intends that:’ settled European Union citizens ‘will hold to conduct hold access to United Kingdom of Great Britain too Northern Ireland benefits on the same footing as a comparable United Kingdom of Great Britain too Northern Ireland national nether domestic law’; those European Union citizens who arrived before the specified appointment volition ‘continue to locomote able to access the same benefits that they tin access immediately – (broadly, equal access for workers/the self-employed too limited access for those non working)’, on their route to settled status. If they afterward larn settled status, they volition conduct hold access to benefits ‘on the same damage as comparable United Kingdom of Great Britain too Northern Ireland residents’. Also, export of benefits to the European Union ‘will locomote protected for those who are exporting such United Kingdom of Great Britain too Northern Ireland benefits on the specified date, including kid benefit, dependent area to on-going entitlement to the benefit’. (Note that the correct to export benefits volition implicitly not locomote offered to those who larn inwards after the specified date).

Furthermore, ‘the United Kingdom of Great Britain too Northern Ireland volition hold to export too uprate the United Kingdom of Great Britain too Northern Ireland State Pension inside the EU’; this mainly concerns United Kingdom of Great Britain too Northern Ireland citizens retiring abroad, but about European Union citizens volition conduct hold acquired such rights from their United Kingdom of Great Britain too Northern Ireland job too.  Other forms of social safety coordination volition continue, including aggregation of national insurance contributions for United Kingdom of Great Britain too Northern Ireland benefits too province pensions, fifty-fifty if granted after Brexit, too healthcare arrangements laid out inwards United Kingdom of Great Britain too Northern Ireland too European Union law; inwards particular, the United Kingdom of Great Britain too Northern Ireland volition ‘seek to protect the powerfulness of individuals who are eligible for a United Kingdom of Great Britain too Northern Ireland European Health Insurance Card (EHIC) before the specified appointment to hold to do goodness from free, or reduced cost, needs-arising healthcare piece on a temporary rest inwards the EU’. Negotiations on ‘an ongoing organisation akin to the EHIC scheme’ are planned, but at that spot is no reference to negotiations on the other social safety issues, fifty-fifty though it may bear witness technically too administratively hard to aggregate contributions too pay benefits without a formal footing for cooperation. It is non clear if the United Kingdom of Great Britain too Northern Ireland plans to hold applying whatever of the relevant European Union legislation as such; if it does not, negotiations too implementation of the rules volition locomote to a greater extent than complicated.

Next, as regards education, the United Kingdom of Great Britain too Northern Ireland authorities ‘will ensure qualifying European Union citizens who arrived inwards the United Kingdom of Great Britain too Northern Ireland before the specified appointment volition hold to locomote eligible for Higher Education (HE) too Further Education (FE) pupil loans too ‘home fee’ status inwards line with persons with settled status inwards the UK’, as good as maintenance support (where it exists) ‘on the same basis they do now’. Equal handling inwards tuition fees volition silent apply to those European Union students who are enrolled during the 2017/18 too 2018/19 academic years ‘for the duration of their course’, along with ‘a parallel correct to remain inwards the UK’ for those students ‘to consummate their course’. (There’s no reference to a correct to rest for other purposes after Brexit). The United Kingdom of Great Britain too Northern Ireland authorities ‘will attempt to ensure that citizens with professional person qualifications obtained inwards the EU27 prior to the UK’s withdrawal from the European Union volition hold to conduct hold those qualifications recognised inwards the United Kingdom of Great Britain too Northern Ireland (and vice versa)’. This matches the European Union position, albeit with to a greater extent than equivocal language.

As for documentation, European Union citizens volition necessitate to obtain evidence of ‘settled status’ eventually, but they do non necessitate to apply now, although an application physical care for volition locomote prepare prior to Brexit ‘to enable those who wishing to do so to larn their novel status at their earliest convenience’. Those who conduct hold already got documentation of permanent residence volition conduct hold to apply again, but ‘we volition attempt to brand for sure that the application physical care for for settled status is as streamlined as possible’. Fees volition locomote laid ‘at a reasonable level’. There volition locomote a grace menses of perchance ii years piece all European Union citizens resident nether the old scheme conduct hold an chance to transition to the novel one. If they neglect to apply to locomote covered yesteryear the novel system, they lose their permission to stay.

Finally, the United Kingdom of Great Britain too Northern Ireland volition ‘discuss similar arrangements with Iceland, Liechtenstein, Kingdom of Norway too Switzerland’ which are also dependent area to complimentary displace rules ‘on a reciprocal basis’.

As for United Kingdom of Great Britain too Northern Ireland citizens inwards the EU, the authorities says they ‘must locomote able to accomplish a correct equivalent to settled status inwards the province inwards which they reside’ too ‘continue to access benefits too services across the fellow member states akin to the way inwards which they do now.’ The United Kingdom of Great Britain too Northern Ireland volition also attempt to ensure their continued correct to establishment too cross-border provision of services inside the EU.

Comments

Since the European Union seat refers to the continuation of existing law, at that spot are few ambiguities inwards its pregnant (besides those inherent inwards that existing constabulary anyway – for instance, the exact status of same-sex marriages is pending before the ECJ, as discussed here). There are silent about vague points, however. Firstly, is the reference to those who conduct hold previously resided inwards the European Union or United Kingdom of Great Britain too Northern Ireland meant to locomote free-standing, or does it only advert to the to a greater extent than detailed rules laid out inwards the European Union legislation referred to? (For instance, a United Kingdom of Great Britain too Northern Ireland pensioner living inwards Kingdom of Spain powerfulness locomote receiving a United Kingdom of Great Britain too Northern Ireland pension on the footing of contributions made about years ago). 

Secondly, it seems that the reference to rights based on the Treaties covers non-EU parents of United Kingdom of Great Britain too Northern Ireland children inwards the UK, ie the so-called Ruiz Zambrano cases (see farther give-and-take here). Thirdly, would United Kingdom of Great Britain too Northern Ireland citizens resident inwards the European Union on Brexit Day silent retain the correct of complimentary displace between Member U.S. – ie would a United Kingdom of Great Britain too Northern Ireland citizen inwards French Republic on that twenty-four hours retain total complimentary displace rights to displace on to Federal Republic of Federal Republic of Germany inwards future? Finally, how would each side distinguish betwixt those United Kingdom of Great Britain too Northern Ireland too European Union citizens with acquired rights on Brexit Day, too those (principally those who displace afterward) who do non conduct hold such rights?

In comparison, the United Kingdom of Great Britain too Northern Ireland seat is necessarily vaguer, since it does non advert to European Union constabulary as such. As noted above, therefore, about of its substitution features are unclear, notably the definition of the grounds for ‘settled’ status, the compass of persons who powerfulness locomote excluded from that status, too identify unit of measurement members. Much of the United Kingdom of Great Britain too Northern Ireland seat uses ‘weasel words’ similar ‘seek to ensure’ or ‘akin’.

To the extent that its content tin locomote discerned, the United Kingdom of Great Britain too Northern Ireland seat is indisputably offering worse damage both for European Union citizens inwards the United Kingdom of Great Britain too Northern Ireland too United Kingdom of Great Britain too Northern Ireland citizens inwards the EU. First of all, the cut-off appointment inwards the European Union seat is Brexit Day, whereas it powerfulness locomote before inwards the United Kingdom of Great Britain too Northern Ireland position. The United Kingdom of Great Britain too Northern Ireland suggests that European Union citizens inwards the United Kingdom of Great Britain too Northern Ireland powerfulness non locomote treated as fifty-fifty if they conduct hold permanent residence status yesteryear the cut-off date, since they volition conduct hold to transfer to settled status; the application physical care for to that goal would non locomote necessary inwards the European Union position. While the United Kingdom of Great Britain too Northern Ireland volition exempt people from the requirement to conduct hold Comprehensive Sickness Insurance, it has been argued that the electrical flow United Kingdom of Great Britain too Northern Ireland constabulary on this indicate breaches European Union constabulary anyway.

For those European Union citizens who do non conduct hold settled status yesteryear the cut-off date, or who larn inwards after the cut-off appointment but before Brexit Day, they volition locomote worse off than nether the European Union proposal, since they volition non locomote covered yesteryear European Union complimentary displace constabulary as regards the acquisition of European Union permanent residence status. All categories of European Union citizen volition conduct hold a diminished correct to identify unit of measurement reunion after Brexit Day.

For United Kingdom of Great Britain too Northern Ireland citizens inwards the EU, the United Kingdom of Great Britain too Northern Ireland seat that they should larn settled status inwards the relevant European Union province would non necessarily ensure a correct equivalent to European Union complimentary displace constabulary permanent residence status. Moreover, those who conduct hold non obtained such status as of Brexit Day volition non necessarily locomote able to obtain it as easily as European Union citizens do, since complimentary displace constabulary would no longer apply. The word ‘akin’ as regards equal handling is also vague. While the United Kingdom of Great Britain too Northern Ireland would aim to hold their correct of establishment too liberty to render services, at that spot is no reference to the broader complimentary displace rights arguably inferred yesteryear the European Union position.

The ii sides patently also differ on the role of the ECJ: it would hold its total electrical flow role nether the European Union proposal, piece lose its jurisdiction inwards the United Kingdom of Great Britain too Northern Ireland nether the United Kingdom of Great Britain too Northern Ireland proposal. The latter would leave of absence it with jurisdiction over United Kingdom of Great Britain too Northern Ireland citizens inwards the EU, too arguably a possible limited role inwards dispute settlement. Note that the United Kingdom of Great Britain too Northern Ireland implicitly is willing to consider an alternative method of dispute settlement: this could locomote a novel court, a shape or arbitration, or utilisation of the existing EFTA Court, which applies European Union internal marketplace seat too related constabulary inwards Norway, Republic of Iceland too Liechtenstein, dependent area to a requirement to apply ECJ instance constabulary adopted before the appointment of the understanding too to convey afterward instance constabulary into account. (This latter requirement matches the European Union position, too nearly matches the United Kingdom of Great Britain too Northern Ireland plans for the Great Repeal Bill).

Taken as a whole then, the United Kingdom of Great Britain too Northern Ireland seat is much vaguer too offers significantly less to both European Union citizens inwards the United Kingdom of Great Britain too Northern Ireland too United Kingdom of Great Britain too Northern Ireland citizens inwards the European Union than the European Union seat does, although the gap is much wider for those who do non yet conduct hold European Union permanent residence status. There is also an enforcement gap as regards the role of the ECJ, although at that spot are precedents (notably the EFTA Court, agreements with Switzerland too Turkey) for the European Union non insisting that its citizens living exterior the European Union conduct hold their rights enforced yesteryear the ECJ. Any compromise would nigh probable locomote based on: a) the European Union side accepting an alternative agency of enforcement of rights other than the ECJ; b) a cutting off appointment of Brexit Day; too c) the ii sides agreeing to base of operations protection on the acquired rights approach with for sure exceptions (family members admitted after Brexit, to a greater extent than stringent rules for those with criminal convictions).

*This weblog post was supported yesteryear an ESRC Priority Brexit Grant on 'Brexit too United Kingdom of Great Britain too Northern Ireland too European Union Immigration Policy'

Barnard & Peers: chapter 27

Photo credit: Business Mirror

Annex

European Union negotiation seat

20 The Agreement should safeguard the status too rights derived from Union constabulary at the withdrawal date, including those the enjoyment of which volition intervene at a afterward appointment (e.g. rights related to old historic menses pensions) as good as rights which are inwards the physical care for of beingness obtained, including the possibility to larn them nether electrical flow weather after the withdrawal appointment (e.g. the correct of permanent residence after a continuous menses of 5 years of legal residence which started before the withdrawal date). This should encompass both EU27 citizens residing (or having resided) and/or working (or having worked) inwards the U.K. too U.K. citizens residing (or having resided) and/or working (or having worked) inwards 1 of the Member U.S. of the EU27. Guarantees to that effect inwards the Agreement should locomote reciprocal too should locomote based on the regulation of equal handling amongst EU27 citizens too equal handling of EU27 citizens as compared to U.K. citizens, as laid out inwards the relevant Union acquis. Those rights should locomote protected as straight enforceable vested rights for the life fourth dimension of those concerned. Citizens should locomote able to practice their rights through smoothen too unproblematic administrative procedures.

21. The Agreement should encompass at to the lowest degree the next elements:

a) definition of the persons to locomote covered: the personal compass should locomote the same as that of Directive 2004/38 (both economically active, i.e. workers too self-employed, as good as students too other economically inactive persons, who conduct hold resided inwards the United Kingdom of Great Britain too Northern Ireland or EU27 before the withdrawal date, too their identify unit of measurement members who accompany or bring together them at whatever indicate inwards fourth dimension before or after the withdrawal date). In addition, the personal compass should include persons covered yesteryear Regulation 883/2004, including frontier workers too identify unit of measurement members irrespective of their identify of residence.

b) definition of the rights to locomote protected: this definition should include at to the lowest degree the next rights:

i) the residence rights too rights of complimentary displace derived from Articles 18, 21, 45 too 49 of the Treaty on the Functioning of the European Union too laid out inwards Directive 2004/38 (covering inter alia the correct of permanent residence after a continuous menses of 5 years of legal residence too the correct as regards access to wellness care) too the rules relating to those rights; whatever document to locomote issued inwards relation to the residence rights (for example, registration certificates, residence cards or certifying documents) should conduct hold a declaratory nature too locomote issued nether a unproblematic too swift physical care for either complimentary of accuse or for a accuse non exceeding that imposed on nationals for the issuing of similar documents;

ii) the rights too obligations laid out inwards Regulation 883/2004 on the coordination of social safety systems too inwards Regulation 987/2009 implementing Regulation 883/2004 (including futurity amendments of both Regulations) roofing inter alia, rights to aggregation, export of benefits, too regulation of unmarried applicable constabulary for all the matters to which the Regulations apply;

iii) the rights laid out inwards Regulation 492/2011 on liberty of displace for workers inside the Union (e.g. access to the labour market, to pursue an activity, social too taxation advantages, training, housing, collective rights as good as rights of workers' identify unit of measurement members to locomote admitted to full general educational, apprenticeship too vocational preparation courses nether the same weather as the nationals of the host State);

iv) the correct to convey upwards too pursue self-employment derived from Article 49 of the Treaty on the Functioning of the European Union.

22. For reasons of legal certainty, the Agreement should ensure, inwards the U.K. too inwards the EU27, the protection, inwards accordance with Union constabulary applicable before the withdrawal date, of recognised professional person qualifications (diplomas, certificates too other evidence of formal qualification) obtained inwards whatever of the Union Member U.S. before that date. The Agreement should also ensure that professional person qualifications (diplomas, certificates or other evidence of formal qualification) obtained inwards a tertiary province too recognised inwards whatever of the Union Member U.S. before the withdrawal appointment inwards accordance with Union constabulary rules applicable before that appointment hold to locomote recognised also after the withdrawal date. It should also render for arrangements relating to procedures for recognition which are ongoing on the withdrawal date.

41. The Agreement should include provisions ensuring the short town of disputes too the enforcement of the Agreement. In particular, these should encompass disputes inwards relation to the next matters:

– continued application of Union law;

– citizens' rights;

– application too interpretation of the other provisions of the Agreement, such as the fiscal short town or measures adopted yesteryear the institutional construction to bargain with unforeseen situations.

42. In these matters, the jurisdiction of the Court of Justice of the European Union (and the supervisory role of the Commission) should locomote maintained. For the application too interpretation of provisions of the Agreement other than those relating to Union law, an alternative dispute short town should only locomote envisaged if it offers equivalent guarantees of independence too impartiality to the Court of Justice of the European Union.

43. The Agreement should foresee that whatever reference to concepts or provisions of Union constabulary made inwards the Agreement must locomote understood as including the case-law of the Court of Justice of the European Union interpreting such concepts or provisions before the withdrawal date. Moreover, to the extent an alternative dispute short town is established for for sure provisions of the Agreement, a provision according to which futurity case-law of the Court of Justice of the European Union intervening after the withdrawal appointment must locomote taken into occupation organisation human relationship inwards interpreting such concepts too provisions should locomote included.

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