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EUROPEAN UNION

UK absent as EU leaders seek unity on 60th birthday

European Union leaders celebrated the 60th anniversary of the bloc's founding treaties at a special summit in Rome on Saturday in a symbolic show of unity despite Britain's looming departure.

UK absent as EU leaders seek unity on 60th birthday
Photo: AFP
Meeting without Britain, the other 27 member countries will endorse a declaration of intent for the next decade, on the Capitoline Hill where six founding states signed the Treaty of Rome on March 25, 1957.
   
EU President Donald Tusk and the prime ministers of Italy and Malta greeted the leaders as they arrived at the Renaissance-era Palazzo dei Conservatori next to the Forum, for a ceremony long on pomp and short on real politics.
   
“There will be a 100th birthday of the European Union,” European Commission chief Jean-Claude Juncker said in an interview with German television ahead of the summit.
   
The leaders had the words of Pope Francis ringing in their ears, after he warned on the eve of the summit that the crisis-ridden bloc “risks dying” without a new vision.
  
The Argentine pontiff urged the leaders at a personal audience in the Vatican City on Friday to show solidarity as an “antidote” to populist parties whose popularity has surged in Europe.
   
The White House congratulated the EU overnight on its 60th birthday, in a notable shift in tone for President Donald Trump's administration, whose deep scepticism about the bloc has alarmed Brussels.
   
“Our two continents share the same values and, above all, the same commitment to promote peace and prosperity through freedom, democracy, and the rule of law,” the White House said in a statement.
 
'Europe our common future'
 
The 27 are set to hear a series of speeches urging unity and leadership from Tusk, Juncker, Italian PM Paolo Gentiloni and Maltese premier Joseph Muscat, whose country holds the EU's rotating presidency.
   
But British Prime Minister Theresa May's absence, four days before she launches the two-year Brexit process, and a row over the wording of the Rome declaration underscore the challenges the EU faces.
   
Security is tight with snipers on rooftops, drones in the skies and 3,000 police officers on the streets following an attack this week in London claimed by the Islamic State (IS) group.
   
The Rome Declaration that the leaders will sign proclaims that “Europe is our common future”, according to a copy obtained by AFP.
  
But mass migration, the eurozone debt crisis, terrorism and the rise of populist parties have left a bloc formed from the ashes of World War II
searching for new answers.
   
The leaders are deeply divided over the way forward almost before they have started.
   
Polish Prime Minister Beata Szydlo only agreed to sign the declaration at the last minute, after bitterly opposing a reference to a “multi-speed” Europe favoured by powerhouse states France and Germany.
   
Poland, central Europe's largest economy, is concerned that as one of nine of the EU's current 28 members outside the eurozone, it could be left behind should countries sharing the single currency push ahead with integration.
   
Greece, the loudest voice against the austerity policies wrought by its three eurozone bailouts, meanwhile insisted that the document should mention social policies.
 
Protests planned 
 
The aim of the summit was to channel the spirit of the Treaty of Rome that Belgium, France, Italy, Luxembourg, The Netherlands and West Germany signed six decades ago to create the European Economic Community (EEC).
   
The treaty was signed in the Horatii and Curiatii hall of the Palazzo dei Conservatori, one of the Renaissance palaces that line the Michelangelo-designed Capitoline Square, and the political and religious heart of the Roman Empire in ancient times.
   
Police in the Eternal City will be on the alert not only for lone wolf attackers in the wake of the British parliament attack on Wednesday, but also violent anti-Europe demonstrators.
  
Around 30,000 protesters are expected to take part in four separate marches — both pro- and anti-Europe — throughout the day. Police plan to stop all traffic and declare a no-fly zone.
  
A grassroots movement led by former Greek finance minister and leading austerity critic Yanis Varoufakis will launch a new manifesto, with Varoufakis warning that the EU is “disintegrating” so fast it might not last another decade.
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BREXIT

Is new court ruling the end for Britons fighting to remain EU citizens?

The Court of Justice of the European Union confirmed on Thursday that Brexit really does mean that Britons are no longer EU citizens. Claudia Delpero looks at whether there's any other way they can keep their rights.

Is new court ruling the end for Britons fighting to remain EU citizens?

The Court of Justice of the European Union confirmed on Thursday that Britons lost EU citizenship when the UK left the EU, on 1st February 2020. 

It is the first time the EU’s top court has rules on the matter, after a number of legal cases challenged this specific Brexit outcome. The decision also sets a precedent should other countries decide to leave the bloc in the future. 

What has the EU Court decided?

The Court of Justice decided on a case brought by a British woman living in France.

Before Brexit, she could vote and stand as a candidate in her town of residence, Thoux. But after the UK withdrawal from the EU, she was removed from the electoral roll and excluded from the municipal elections that took place in March 2020, during the transition period.  

As the mayor refused her appeal to restore the registration, she took the case to the regional court in Auch, which agreed to request an interpretation of the rules to the EU top court. 

Julien Fouchet, the barrister supporting her and several other cases on the EU citizenship of British nationals, argued that the loss of EU citizenship and voting rights was disproportionate. It would also be contrary to the EU Charter of Fundamental Rights, given that the woman also lost her voting rights in the UK, having lived abroad for more than 15 years.

Alice Bouillez, who has lived in France since 1984 and is married to a French national, could have applied for French citizenship, but did not do so because she said “this was not necessary” before Brexit and, as a former UK official, she had taken an oath of allegiance to the Queen.

On Thursday the Court of Justice announced the decision about her case. The court ruled that the “possession of the nationality of a member state is an essential condition for a person to be able to acquire and retain the status of citizen of the Union and to benefit fully from the rights attaching to that status.”

The court therefore confirmed that British nationals automatically lost their EU citizenship as a result of Brexit and, as a consequence, Britons also lost their voting and electoral rights in municipal elections in the EU (unless the country where they live set different rules). 

What is EU citizenship?

EU citizenship was introduced by the Treaty of Maastricht of 1992, when borders were opening and the bloc was integrating economically after the end of the Cold War. 

Under the treaty, every person holding the nationality of an EU member state is a citizen of the Union. EU citizenship is additional and does not replace nationality, the treaty specifies. But this creates the first form of a transnational citizenship that grants rights across borders.

EU citizens have the right to access each other’s territory, job market and services under the principle of non-discrimination. If they are economically active, they have the right to reside in other EU states and be joined by family members, access healthcare at the same conditions of nationals (for emergency treatment also when travelling temporarily), obtain social security benefits and see their professional qualifications recognised.

Beyond free movement, at the core of EU citizenship there are also political rights, such as participating in the European Parliament election, voting and standing as candidates in municipal elections when living in other EU countries, receiving consular protection from other EU states outside the EU, and taking part in European Citizens’ Initiatives asking to the EU to legislate on certain matters. 

Which EU citizenship rights have Britons lost with Brexit? 

For British citizens who were living in the EU before Brexit, the Withdrawal Agreement protects some of these rights. Britons covered by deal have their residence, access to work and education, healthcare, social security and qualifications secured, but only in the country where they were living before Brexit.

But the right to free movement in other EU states, consular protection in third countries, and the political rights attached to EU citizenship were lost, the Court confirmed. 

For British citizens in the UK, the trade and cooperation agreement has preserved some social security rights and, in theory, the possibility to have professional qualifications recognized when moving to an EU country. These provisions however lack details and may take a long time before they work in practice. 

As the “European Union” no longer features on British passports, the possibility to access EU lanes at airports to skip passport control queues has also vanished. 

“The loss of those treasured rights has been clear to those of us living in the EU from the early days of Brexit. But for Brits in the UK, the realities of life outside the EU, and the consequences of Brexit, are only just dawning. Long queues at the borders, roaming charges, obstacles to working abroad, etc. are the new reality,” said Sue Wilson, Chair of the group Remain in Spain. 

While she said the court’s decision was “no real surprise,” she argued that “this is not the Brexit the public were promised, or that the majority voted for.”

Can British citizens get some of these rights back?

Julien Fouchet was disappointed at the Court decision and promised to continue the legal fight, bringing the case at the European Court of Human Rights (which is not an EU institution). 

Other two cases on the matter of EU citizenship for British nationals are still pending at the Court of Justice of the EU. One of them aims to determine whether EU citizenship is a “fundamental status” that cannot be removed but Thursday’s decision could have already provided the answer.

Another option to reconsider some of the rights is the renegotiation of EU-UK trade agreement, when it will be reviewed in 2025. 

Meanwhile, the EU is revising the rules for non-EU citizens living in EU countries on a long-term basis, making it easier to move across borders. 

Applying for citizenship is so far the only option to regain voting rights, although not all EU countries allow dual nationality. 

Sue Wilson, who has long campaigned for the UK to stay in the EU, said: “There is only one way to restore the loss of our rights, and that’s to rejoin the single market, rejoin the customs union, and eventually, rejoin the European Union… Until that day, we will continue to be second class citizens whose rights have been diminished for the sake of an ideology.”

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