|Opis:||This final paper discusses the legal aspects of the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union (EU) and its impact on EU citizenship and on citizens' rights of the EU law. Due to the EU membership, the United Kingdom has been bound by EU law, which grants EU citizens additional rights. With the withdrawal of the United Kingdom from the EU, citizens of the United Kingdom are facing the threat of losing the rights which now belong to them as EU citizens. Additionally, EU citizens residing in the United Kingdom are also facing uncertainties about EU citizens’ rights. Following the withdrawal of the United Kingdom from the EU, a new relationship will be forged between the EU and the United Kingdom as a third country, which means it will be necessary to regulate the EU citizens' rights for citizens of the United Kingdom residing in the EU as well as the EU citizens residing in the United Kingdom.
First, I focus on the sole concept of EU citizenship and on the rights provided by EU citizenship. Citizens of the EU Member States are also citizens of the EU. Due to the sui generis nature of the EU, a sui generis type of EU citizenship has also developed, since in this case it is not a country, but a peculiar organization to which some Member States have transferred certain sovereign rights. Consequently, the concept of EU citizenship can be defined as a kind of contractual relationship between an individual and a transnational organization – the EU.
In the second part, I present the withdrawal agreement, which contains provisions regarding EU citizens’ rights on which the EU and the United Kingdom have already reached an agreement and which shall bind the EU and the United Kingdom after the withdrawal.
Finally, I focus on various options of the future relationship and on the legal analysis of the agreement. The United Kingdom is the first country to officially start the EU withdrawal process, which has raised a number of new questions and uncertainties for EU citizens residing in the United Kingdom, as well as for the citizens of the United Kingdom residing in the EU. At the beginning of the process, both the EU and the United Kingdom emphasized that priority should be given to regulating the situation of citizens affected by the withdrawal. Both sides wished to protect EU citizens’ rights and maintain close relations. The rights which they have acquired as EU citizens and on which they have built vitally important decisions, have been a priority in the negotiations between the EU and the United Kingdom, since the loss of EU citizens’ rights could cause serious problems for individuals. Citizens of the United Kingdom have recognized a serious threat, which could come true with the withdrawal from the EU. Consequently, the number of applications for citizenship in other EU Member States has increased soon after the outcome of the referendum in the United Kingdom. On the polemics of the future regulation of EU citizens’ rights, legal commentators have diverging opinions that call into question the very foundations of the EU.|