BREXIT Economic Rights, Legal Status and Enforceability

Post Brexit Changes

Safeguarding the Position of EU Citizens Living in the UK and UK Nationals Living in the EU after Brexit | British Government Policy Paper June 26, 2017, Paragraphs 55-59 of 59

Economic and Other Relevant Rights

55) There is, of course, a much wider suite of rights derived from EU law which play an important role in the daily lives of EU citizens in the UK and UK nationals in the EU. These include economic rights, such as setting up and running a business and the mutual recognition of professional qualifications, and other matters such as the recognition of pet passports.

56) For mutual recognition of professional qualifications, the UK will seek to ensure that professional qualifications obtained prior to the date of the UK’s withdrawal from the EU continue to be recognised after the UK’s exit from the EU. The UK will also seek to ensure that where a person has begun an associated process that has not concluded by the withdrawal date, arrangements will be made to allow that process to continue. The UK will also give due regard to these professionals’ ability to practise without unfair detriment or discrimination.

57) With regard to other economic rights, the UK will seek to protect the right of establishment (the right to be self-employed and to set up and manage an undertaking) for EU citizens resident in the UK before the specified date and vice versa. We will also seek to ensure that UK nationals in the EU can continue to provide cross-border services within the EU27.

Legal Status and Enforceability

58) The arrangements set out above will be enshrined in UK law and enforceable through the UK judicial system, up to and including the Supreme Court. We are also ready to make commitments in the Withdrawal Agreement which will have the status of international law. The Court of Justice of the European Union (CJEU) will not have jurisdiction in the UK.

Further Information

59) For those who would like to understand more about the Government’s proposals, you can sign up for email alerts here: https://www.gov.uk/guidance/status-of-eu-nationals-in-the-uk-what-you-need-to-know .

Disclaimer:

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss that may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.

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