Continued exercise of EU rights by Irish citizens residing in the North after Brexit

Subject: Continued exercise of EU rights by Irish citizens residing in the North after Brexit

Under the Good Friday Agreement’s provisions for the ‘people of Northern Ireland’, they may identify as Irish, as British, or as both and accordingly hold British and Irish citizenship, without differential or detrimental treatment.

The Phase 1 Agreement explicitly provides for continuation of EU rights for Irish citizens when ‘residing in Northern Ireland’ and examination of ‘arrangements required’ to give effect to their ongoing exercise, with ‘no diminution of rights’ as a result of Brexit.

This commitment goes beyond rights of EU citizens residing in existing third countries in providing for inclusion of rights for Irish citizens normally associated with residency in a Member State.

In relation to the commitment in paragraph 52 of the Phase 1 Agreement providing for continued exercise of EU rights by Irish citizens in the North, can the Commission:

– confirm that this refers to all EU rights and opportunities normally associated with residency in a Member State, including the right to vote and stand in EU elections;

– provide a list of those rights we should expect to see included and the legal mechanisms required to vindicate those rights;

– confirm whether this commitment will apply to both Irish and British nationals born in the North?

Answer given by President Juncker on behalf of the Commission

(22 June 2018)

The European Council (Article 50) Guidelines of December 2017 (1) called for ‘all commitments undertaken during the first phase [to be] respected in full and translated faithfully into legal terms as quickly as possible’.

The draft Protocol on Ireland/Northern Ireland published as part of the draft Withdrawal Agreement on 19 March 2018 (2), mentions Union citizenship rights in the preamble: ‘recognising that Irish citizens in Northern Ireland, by virtue of their Union citizenship, will continue to enjoy, exercise and have access to rights, opportunities and benefits’.

Following the United Kingdom's withdrawal from the European Union, Irish citizens in Northern Ireland will no longer reside in a Member State. They will nevertheless continue to enjoy their rights as Union citizens under the Treaties. However, Irish citizens in Northern Ireland will no longer benefit from United Kingdom’s participation in Union programmes, policies and activities when this participation ends following the United Kingdom's withdrawal from the Union.

Eligibility to vote and stand as candidates in elections to the European Parliament is determined by Irish law, which requires Irish citizens to be ordinarily resident in Ireland.

The dedicated mechanisms the Honourable Member refers to are mentioned in Article 1 of the draft Protocol on Ireland/Northern Ireland and are intended to give effect to the United Kingdom's commitment of no diminution of rights, safeguards and equality of opportunity pursuant to the Good Friday Agreement as a result of the United Kingdom's withdrawal. The scope of these mechanisms is part of the discussions between the European Union and the United Kingdom in the context of the withdrawal negotiations.

Given that the ‘no diminution’ commitment undertaken by the United Kingdom in Article 1 relates to obligations from the Good Friday Agreement in respect of the people of Northern Ireland, it should apply to both Irish and British nationals in Northern Ireland.

⋅1∙ http://www.consilium.europa.eu/media/32236/15-euco-art50-guidelines-en.pdf

⋅2∙ https://ec.europa.eu/commission/sites/beta-political/files/draft_agreement_coloured.pdf