DON'T TOUCH MY EU CITIZENSHIP

by BRITISH CITIZENS IN FRANCE

DON'T TOUCH MY EU CITIZENSHIP

by BRITISH CITIZENS IN FRANCE
BRITISH CITIZENS IN FRANCE
Case Owner
Before the deadline of Brexit, a lawyer, Julien Fouchet, SCP Cornille-Pouyanne-Fouchet, is going to try to defend the acquired rights of European citizenship.
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BRITISH CITIZENS IN FRANCE
Case Owner
Before the deadline of Brexit, a lawyer, Julien Fouchet, SCP Cornille-Pouyanne-Fouchet, is going to try to defend the acquired rights of European citizenship.
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Latest: July 2, 2019

right of vote - Hearing July 8th before the Conseil d'Etat

We will defend the European Citizenship and the right of vote of british for the European Election in France.

15 year rule = deprivation of vote for the european Elections too and the question of th...

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Challenge to save our EU citizenship rights.

So many of you responded to our request dated February 12th to challenge the ordonnance 2019-76 of 6th February (a law passed by an order of the Government) directly before the Conseil d’Etat, the highest French Administrative Court.

As some of you are already aware, I am already managing a case against Brexit before the European Union Court of Justice ; this is the only ongoing case seeking to have Brexit annulled by the EU judges, ( Harry Shindler case https://www.crowdjustice.com/case/action-for-expat-votes/

Why attempt to also challenge ordonnance n° 2019-76 ?

If the ordonnance aims to preserve minimum standards of rights for UK citizens in case of No Deal Brexit, it is very worrying in a number of regards.

  1. The permanent EU resident carte de séjour will become a Long Term Residence Permit (article 3)
  2. Some residence permits will not be issued as an automatic right, but will be conditional on a certain level of income (article 2)
  3. The Permanent Resident card is not mentioned in the ordonnance and appears therefore not to be available to Britons.
  4. Some residence permits will be issued with a maximum validity of one year (article 1)
  5. Article 19 states that some rights given after Brexit can be suspended in the absence of reciprocity.

Lastly and most importantly, the text confirms the removal of your European Citizenship.

Even if the European texts require Nationality of a member state to be a European Citizen, there are no texts, even Article 50 of EU Treaty ; no Court Law, (even Case law Rottmann), which provide for removal of EU citizenship.

It is for these reasons that I must challenge this text before the Supreme Administrative French Court (Conseil d’Etat) and ask for its annulment and urgent suspension. I'm then hope to  request an opinion from the European Court of Justice as to interpretation of EU Law (is an acquired right to EU citizenship recognised ?)

The aim is to preserve the greatest possible quantity of rights deriving from EU citizenship and, if possible, to have the acquired right to EU citizenship recognised.

Time is not on our side. Please donate and share this campaign widely. 

Chances of success are small as the Conseil d’Etat may decide that the ordonnance is legal, maintains rights, and that there is no reason to refer the matter to the ECJ.

I am taking this case pro-bono; none of the litigants are paying fees, this appeal is our only method for raising funds. We are initially raising €6,000 to take this case to the Supreme Court (Conseil d’Etat). 

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Update 4

BRITISH CITIZENS IN FRANCE

July 2, 2019

right of vote - Hearing July 8th before the Conseil d'Etat

We will defend the European Citizenship and the right of vote of british for the European Election in France.

15 year rule = deprivation of vote for the european Elections too and the question of the 5 "ghostdeputies" in France dependant of the Brexit.

The european deputies have a role to play concerning the Brexit's ratification.

Update 3

BRITISH CITIZENS IN FRANCE

April 25, 2019

right of vote - Hearing 13th May before the Conseil d'Etat

We will defend the European Citizenship and the right of vote of british for the European Election in France.

To be registered after the brexit's delay decision of the 11 April and before the European Election ; for a derogation article L30 Electoral code with the article 50 TEU.

Don't touch my European Citizenship and the rights of it !

Update 2

BRITISH CITIZENS IN FRANCE

April 18, 2019

Britons' EU citizenship case 'not urgent'

French barrister Julien Fouchet had applied to administrative court the Conseil d’Etat for a fast-tracked ruling on behalf of ten Britons living in France, challenging the legality of the French no-deal ordonnance which was published in February.

He had applied the same thing for the decree of 2th april 2019.

He said it assumed Britons to have become non-EU citizens after Brexit, which Mr Fouchet disagrees with. 

Mr Fouchet had hoped the Conseil would refer the matter urgently for clarification from the European Court of Justice (ECJ), so it could be settled before the original Brexit day of March 29.

However the court has replied saying that it does not find any urgency due to rules in the French government’s ordonnance, clarified in a decree last week, :

-No emergency about the cancelling of European Citizenship because of the European decision of 11th april 2019 to make an extension of brexit to 31th October 2019

-British people could live legally in France for a year with no residency documents after a no-deal Brexit.

But the others actions ("recours en annulation") with no emergency continue against the ordonnance and the decree.

There is a request before ECHR too and soon a request concerning the european election by me Fouchet (31 march to save the vote in France but the extension was decided the 11 april th)

the fight for the European Citizenship forever goes on ! 

Update 1

BRITISH CITIZENS IN FRANCE

March 6, 2019

Case filed on 18th February - update


Grâce aux premiers dons, les requêtes en annulation et en suspension devant le Conseil d'Etat ont été déposées le 18 février 2019 pour 10 britanniques vivant en France, soit dans un temps record (l'ordonnance 2019-76 "No Deal" date du 8 février). Un avocat au Conseil d'Etat s'est ensuite constitué dans ces deux instances pour surveiller la procédure.

Il semblerait que le Conseil d'Etat (comme la Cour de Justice de l'Union européenne d'ailleurs dans l'affaire Shindler C-755/18p), ne souhaite pas pour l'instant se prononcer dans un sens ou dans un autre tant que le parlement britannique n'a pas pris sa décision.

C'est inédit. Le référé suspension aurait déjà dû être audiencé avant mars 2019 selon les délais moyens de jugement. La justice française et européenne attend manifestement le dénouement politique britannique avant de statuer en droit.

On vous tient au courant bien sur. On vous remercie pour les dons jusqu'à là. On continue de nous battre!!


Thanks to initial donations, the petitions for the annulment and suspension before the Council of State (Conseil d'Etat)  were filed on February 18, 2019 for 10 British people living in France, in record time (the decree 2019-76" No Deal "date February 8) .A lawyer at the State Council was then appointed in both instances to oversee the procedure.

It seems that the Council of State (just like the Court of Justice of the European Union in Shindler C-755 / 18p), does not wish - for the moment - to decide one way or another until the British Parliament has made its decision.

That’s very unusual. The suspension should have already been heard before March 2019 according to the average time of judgment. French and European justice is obviously waiting for the British political settlement before ruling in law

We shall keep you informed of course. Thanks for everyone's generosity thus far. We shall continue the fight

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