Expat news and update on current Brexit legal challenges

With just a year to go and increasing numbers of Brits heading for the exit, a number of legal challenges are still ongoing, any one of which has the possibility of derailing Brexit.

The first, very relevant, case was brought to the EU’s General Court by Bordeaux lawyer Julien Fouchet, and is based on questioning the legality of the referendum itself in which long-stay expat British citizens were barred from voting due to the 15-year disenfranchisement rule. The court hasn’t yet handing down its decision whether or not to send the case to a full hearing, although Fouchet is expecting an imminent response. Should Fouchet be successful, the negotiations could be ruled as illegal and a second referendum including voting by those denied could be scheduled.

Jolyon Maughan QC’s case, heard in an Amsterdam court last month and forwarded to the European Court of Justice, now depends not only on the ECJ’s ruling that UK nationals’ EU citizenship can be retained post-Brexit. Unfortunately, the Dutch state appealed the Amsterdam court’s judgement, with the appeal due to be heard on 19 April. Should the appeal be rejected, the case must then wait in line for hearing at the ECJ.

In the meantime, Scotland’s High Court ruling on another Maugham case concerning the reversal of Brexit raised important questions on cancelling Article 50, thus needing a full hearing at the ECJ. A parliamentary debate will be held at Westminster on 23 April on the inclusion of parliamentary powers to stop Brexit at the last minute as part of a vote against the agreed terms of the final deal. The debate is compulsory as a petition raised the over 100,000 signatures necessary, but is not expected to lead to a vote on the issue.

Another case is being brought against Brexit minister and chief negotiator David Davis, calling for a new referendum based on the details of the exit agreement. The Brexitchallenge pressure group raised some £90,000 towards legal costs via crowdfunding and is being backed by campaign group Best for Britain.

In addition, the British in Europe group have instituted a letter-writing campaign urging Brit expats to write to MPs concerning inadequacies in the recently-agreed deal for EU and UK expats. Britons living in EU member states, including those disenfranchised by the 15-year rule, can write to the MP of the constituency where they lived prior to emigrating.