|Author (Corporate)||Cardiff EDC|
|Content Type||News, Overview|
Judgment from the Court of Justice of the European Union (CJEU) on the admissibility of the application for the General Court to annul the Decision of the Council of the European Union authorising the opening of negotiations relating to the United Kingdom's withdrawal from the European Union (EU).
A number of British citizens residing in other EU Member States brought an action before the General Court in July 2017, requesting it to annul a Council Decision adopted on 22 May 2017 authorising the European Commission to open negotiations with the United Kingdom (UK) aimed at setting out the arrangements for its withdrawal from the European Union.
The applicants claimed that they were deprived of the right to vote in the referendum that led to the UK's request to leave the EU on account of their expatriation, that the contested Decision would have a direct impact on the rights which they derive from the EU Treaties and it constituted an act by which the Council accepted the UK's notification of intention to withdraw from the EU. They also asserted that the contested Decision did not include the objective of ensuring that they would maintain their status as EU citizens and submitted that the withdrawal procedure would be void in the absence of constitutional authorisation. Lastly, the applicants claimed that this action before the Court became their sole effective form of remedy before the loss of their status as EU citizens.
The Council asked the General Court to declare the action inadmissible and to hold that it cannot accordingly be heard, since the contested decision is not open to challenge by natural or legal persons and the applicants have no interest or standing to bring proceedings against it.
On 26 November 2018, the General Court decided to dismiss the action as inadmissible since the Decision of the Council authorising the opening of negotiations on Brexit does not produce binding legal effects capable of affecting the interests of the applicants by bringing about a distinct change in their legal position.
|Subject Categories||Law, Politics and International Relations|
|Subject Tags||Brexit, Court of Justice of the European Union [CJEU]|
|Keywords||Brexit [After the Referendum], CJEU Judgments
|Countries / Regions||United Kingdom|
|International Organisations||European Union [EU]|