On 7 November 2016, Doughty Street International Associate Tenant Susie Alegre submitted written evidence to the House of Lords EU Justice Sub-Committee in relation to its Brexit Acquired Rights Inquiry. The European Union Committee of the House of Lords scrutinises the UK Government’s policies and actions in respect of the EU; considers and seek to influence the development of policies and draft laws proposed by the EU institutions; and more generally represents the House of Lords in its dealings with the EU institutions and other Member States. Susie was invited by the Legal Adviser to the EU Justice sub-Committee to provide observations on Brexit and the implications for acquired transnational rights from a ECHR perspective and to highlight specific issues relating to British Overseas Territories and Crown Dependencies.
Susie' submission highlights the links between transnational rights acquired through EU citizenship and the protections of the European Convention on Human Rights. Susie suggests that EU citizenship is a core part of the social identity of many British nationals which could bring the loss of EU citizenship within the ambit of Article 8 ECHR. Those who do not have access to another EU nationality will be disproportionately affected by the UK withdrawal from the EU based on grounds prohibited under Article 14 ECHR such as their national or social origin, association with a national minority, property, birth or other status. She argues that both the UK and the EU need to ensure that any negotiations on Brexit result in a solution that protects individual rights and respects the fundamental principles of equality and non-discrimination found in the ECHR and in the EU Charter.
The full submission can be found here.