Spanish lawyers warn that human rights laws could scupper Theresa May’s plan for EU migrant cut-off date

LAST UPDATED: 22 Mar, 2017 @ 14:39
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pjimage-14SPANISH lawyers have warned that human rights laws could scupper Theresa May’s plans for an EU migrant cut-off date.

Speaking to the EU parliament, the legal experts said Brexit could see a surge in European citizens using human rights laws to remain in the UK.

The professors said the rights to family life and property, enshrined in the European Convention on Human Rights, could give millions a legal case to stay in Britain, even after it has left the EU.

It means that Europeans who arrive in the UK after any ‘cut-off’ date would still be able to remain if they can show they have set down roots in the country.

London and Brussels are expected to agree  transitional measures on citizens’ rights which could last for several years beyond 2019, by which time many new arrivals may have bought properties and had families, granting them rights to stay under ECHR law.

The revelation was presented by Antonio Fernández Tomás and and Diego López Garrido, both experts in EU law from the University of Castilla-La Mancha.

The pair had been asked by MEPs to prepare a report on Brexit’s impact on residency rights.

Their conclusion was that the huge loss of rights that will follow, from family connections to pension contributions, would cause a ‘nightmarish’ web of legal complications that will take years to resolve.

Professor Garrido said : “The ECHR can be used by those people who feel threatened by the UK leaving the EU. We still believe it could be used in defence of family rights and property rights.

“Obviously, those people may take their cases to court, hence the importance for there to be an agreement between the UK and the EU it has to be a good agreement and as close as possible to the current situation.

“What we should strive for is that the situation post-Brexit is as similar as possible as the current situation for those EU nationals living in the UK or those UK nationals living elsewhere in the EU.”

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9 COMMENTS

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  1. The European Convention on Human Rights cuts both ways, so British expats in Spain should be afforded the same rights in Spain. I also hear that May is already trying to extricate the UK from the ECJ.

  2. No Pablo, it’s not the Daily Express it’s Michel Barnier and the Express is just reporting what he is saying. I know it’s hurtful for you to read truthful facts but that’s what will happen.. But more important, can you disprove what Branier has said. lol

  3. If Britain leaves the EU the ECHR will have no jurisdiction. Apart from that the question of British citizens in the EU and EU citizens in Britain will be Nº 1 priority according to many people from Junckers downwards. For we Brits it would be helpful if Rajoy made his position clear but having observed Rajoy over a number of years I think there is little hope of that happening.

  4. Ed. I believe Rajoy did mention this fact when he had a meeting with May earlier hoping they could have reciprocal arrangements and no doubt it will be up to both sides of the water to come to a amicable arrangements via the negotiations. Besides nobody will be kicked out on both sides. Juncker should come clean at least once in his mess up of the EU regarding putting the blame on the UK regarding immigration. Cameron tried his hardest in trying to get some form of agreement but the EU gave nothing hence the referendum much to the dismay of the EU masters who never dreamed that the British public would vote to leave which is now causing big problems for the slowly sinking block. The Block has also admitted it cannot handle the enormity of the block and cannot foresee future country’s wishing to join unless for a hand out which the British people will not be paying towards which no doubt would fall mostly on Germany. Bet they are pleased about that..As for the smiling faces of Tusk, Juncker and the Japanese (the back stabbers) hope they will all be smiling if and when big problems in the far east occurs. Who will the Japanese turn to, not the other two smiling faces, who will by then will not be in power and who at present cannot even control the flood of immigrants but to America and Britain. Britain for a start should say “sorry mate not our problem, ask the two smiling baboons for help”. As for Juncker accusing Trump of not knowing Europe, he does, America has been feeding Europe for 60 years.

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