EU citizens’ rights post Brexit: why direct effect beyond the EU is not enough

Abstract

Brexit – EU citizens’ rights – Direct effect beyond the EU – The Withdrawal Agreement does not protect citizens properly – Copying substantive provisions of EU law and parts of the EU’s supranational features, such as direct effect, does not provide equal protection for EU citizens once a country is no longer part of the EU – UK-specific implementation measures to be set out in Withdrawal Agreement or Protocol – Guarantees also to be set out in primary legislation – UK Government intends to act to a great extent via secondary legislation – relationship between the Withdrawal Act and the Withdrawal Agreement and Implementation Bill