The research paper below was requested by the European Parliament’s Committee on Constitutional Affairs and was commissioned, overseen and published by the Policy Department for Citizens’ Rights and Constitutional affairs.
It addresses the impact and consequences of Brexit on the acquired rights of EU citizens living in the UK and British citizens living in the EU-27.
The study (see Executive Summary on page 8) examines the possibilities of using the concept of acquired rights to safeguard and maintain the rights of these individuals following the UK’s withdrawal.
It concludes that in view of two possible scenarios (withdrawal with or without agreement), it would always be better for citizens on both sides if the negotiators reached an agreement.
However, irrespective of whether there is an agreement or not, the European Convention on Human Rights (ECHR) will continue to offer a means of defending the right to residence and other related rights , such as the right to private and family life, for as long as the ECHR remains part of UK law.
More details of the acquired rights of citizens in European Union law can be found in Part II of the study and specifically:
Chapter 8 (page 45): Rights involved in the withdrawal negotiations – in particular , free movement and residence.
Chapter 9 (page 52): Rights of Citizens and the 1950 European Convention on Human Rights.