A quick explanation of this latest development re the pending cases on whether UK citizens have lost EU citizenship, then a bonus prize at the end.
https://twitter.com/julienfouchet1/status/1361690316470894598
Last year three cases (Shindler, Silver and Price) were brought directly against the EU Council for allegedly wrongly concluding the withdrawal agreement, on the grounds that it arguably "deprived" UK citizens of EU citizenship.
Challenges brought by individuals against EU institutions go to the EU General Court. Its judgments can be appealed to the CJEU.
Subsequently French courts asked the CJEU similar questions about UK citizens and EU citizenship.
Subsequently French courts asked the CJEU similar questions about UK citizens and EU citizenship.
The suggestion seems to be that all these cases should be heard before the CJEU, skipping the General Court bit.
This is possible; it's up to the EU courts to decide whether to do this. (Excerpt from Article 54 of the Court's Statute).
This is possible; it's up to the EU courts to decide whether to do this. (Excerpt from Article 54 of the Court's Statute).
If agreed, this would be in aid of simplifying proceedings. It would not tell us anything about how the EU courts would rule on the substance.
(The EU General Court cases may have standing problems; the references from French courts do not)
(The EU General Court cases may have standing problems; the references from French courts do not)
Bonus prize: the Council legal service summary of the first reference from the French courts. Note the Council will be submitting its views in the case by May.
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