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The author makes a powerful point. There are lots of reasons to think the Withdrawal Agreement might contravene EU law. If these points aren't tested now they are liable to cause chaos if, later, the Withdrawal Agreement is found to be unlawful. verfassungsblog.de/brexit-and-the…
Let me cite just one example. A Dutch judge, formerly Vice President of its Supreme Court, held the removal of EU Citizenship rights from UK citizens on Brexit was arguably unlawful. waitingfortax.com/2018/02/07/a-s…
The compatibility of the Withdrawal Agreement, which effectively removes EU citizenship - expressed by the Treaties to be "additional to" national citizenship - rights from UK nationals with EU law is likely to be tested in the CJEU post Brexit.
Failing to test the compatibility with EU law of the Withdrawal Agreement obviates the prospect of the EU seeking reciprocity for its citizens in the UK.
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