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Jo Maugham QC @JolyonMaugham
, 7 tweets, 2 min read Read on Twitter
Some news just in from our EU citizenship case in Amsterdam. In short, a mixed decision. THREAD.
1. Our argument was that because Article 20 says EU citizenship is different to member state citizenship it follows that a member state leaving the EU would not automatically mean a loss of EU citizenship. And UK citizens should retain their EU citizenship after any Brexit.
2. The Court of Appeal (like the District Court) agrees that the interpretation of Article 20 on this point is unclear and will need to be resolved by the Court of Justice in Luxembourg.
3. Moreover, the Court of Appeal doesn’t in its reasoning distinguish between the position of UK nationals resident in the EU and UK nationals resident in the UK. So it follows that all UK nationals *may* yet retain their EU citizenship rights.
4. But the Court of Appeal (unlike the District Court) has decided it is necessary to wait until the outcome of the negotiations is known before referring to Luxembourg the question whether that outcome breaches EU law. And so has overturned the decision of the District Court.
5. The decision arrived just minutes ago and is in Dutch. The above summary comes from my brief discussion with our Dutch lawyers. We will consider the judgment carefully and then announce our next steps.
Here are informal translations of the key paragraphs.
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