Brexit and citizenship I: retention of EU citizenship

22 October 2018

The entire structure of Article 50 TEU implies that it is up to a Member State to withdraw from the Union without there being any limitation imposed by EU law as to the reasons for the withdrawal, how this decision is taken or the extent to which that Member State takes into consideration the interests of its own nationals. If a Member State decides to exit the EU, and thus to strip their nationals of EU citizenship, it is perfectly entitled to do this. The EU, including its highest court cannot and should not alter this.