Brexpats - HOV News

In Limbo Too

Dear friends,

Thank you all for your testimony submissions. We are now closed for testimonies. The response has been fantastic and we will update you shortly on the progress of the book. In the meantime please do read the original book “In Limbo” which is a very moving collection of testimonies from EU citizens living in the UK. We are very honoured to be collaborating with the original In Limbo team on the new book. Please find more details in the links below.

Thank you the BHOV team


EU Citizenship Litigation in The Netherlands

Please note that on the 19th April 2018 at 1000 am the case will be heard at the Court of Appeal in Amsterdam.

The legal challenge has been made to clarify what Brexit could mean for our EU citizenship.

The case has always been about seeking clarification, not only for the 46,000 Brits living in the Netherlands, but also for all the 1.2 million Brits living in other EU countries.

As has been demonstrated in recent months, what Brexit means is still extremely unclear. The lives of 1.2 million people are being manipulated as if they are pieces on a chessboard, and this case is an attempt to bring a degree of clarity to the situation.

Dutch courts considering whether UK citizens keep their EU citizenship post-Brexit

Once an EU citizen, always an EU citizen? This, in a nutshell, is the question currently under consideration in a Dutch court. 

“There is much debate about what happens to UK citizens and their rights as EU citizens if and when the UK leaves the EU,” said Christiaan Alberdingk Thijm, the eminent Dutch lawyer and partner at bureau Brandeis in Amsterdam arguing the case. “We hope this case will settle once and for all the issue of whether European citizenship and the accompanying rights are inalienable.” 

In a hearing in the Amsterdam District Court on 17 January, Alberdingk Thijm sought to have the honourable Judge Mr Bakels ask preliminary questions to the Court of Justice of the European Union (CJEU) on how to interpret EU law on this. The CJEU has the ultimate say in matters concerning the interpretation of European Union law.

“The negotiators in Brussels all assume that the consequence of Brexit will be that British citizens living in an EU member state will lose their European citizenship. However, national and European citizenship are not necessarily linked. The CJEU has ruled before that the rights that are awarded to European citizens are autonomous,” Alberdingk Thijm said. 

Debbie Williams said “As a group, BHOV will continue to do all we can to preserve the rights of all EU citizens, not just UK citizens. We see this case as one small but significant step towards achieving a fair solution for all.”

We were delighted with the initial decision by Judge Bakels to refer the question to the CJEU, but were disappointed to learn that the Dutch state decided to launch an appeal. Our legal team will be countering the appeal, and the Amsterdam Court of Appeal, IJdok 20, Amsterdam. has scheduled the hearing for 19 April 2018 at 10.00 am. The hearing is scheduled for the morning only but may last a little longer.