A Just Brexit for EU Citizens?

Of the individuals that are likely to be affected by the UK’s withdrawal from the EU, there are few with higher stakes than EU citizens currently residing in the UK. Without the opportunity to vote in the EU referendum, these individuals have now found themselves in a precarious situation where their rights could be jeopardised. Without proper consideration of their human rights, the process of Brexit risks being unjust.

The question of how to attain a “just” Brexit for EU citizens is the central question posed in this paper. Firstly, the notion of justice in terms of EU human rights protection will be explained. It is necessary to begin by setting out the parameters of its understanding and use in this paper. Justice here will be determined by rights conferral and protection. Secondly, upon the notion that justice is determined by rights, the paper will outline what injustices exist for EU citizens’ if a valid deal is not brokered by the UK Government with the EU by highlighting potential human rights breaches. The paper intends to evaluate whether these potential breaches are, in fact, unjust, by looking at what rights will still exist after Brexit in the UK’s domestic legal system and whether this nonetheless provides an adequate level of protection. The argument is that a just Brexit for EU citizens may be possible, but only if a requisite level of protection is available domestically. There are many situations now where this is not the case.