A legislative proposal for a declaratory registration scheme
Stijn Smismans (2019), ‘Protecting EU Citizens in the UK from a Brexit “Windrush on Steroids”: A Legislative Proposal for a Declaratory Registration System’ (August 6, 2019). DCU Brexit Institute – Working Paper N. 8 – 2019, 1-30. Available here:
| declaratory_reg_wp_final.pdf |
The UK Government has addressed the challenge of ensuring the rights of EU citizens residing in the UK prior to Brexit by the introduction of the EU Settlement Scheme. However, the Scheme has important shortcomings. It turns legally residing EU citizens into illegal immigrants if they fail to apply in time, which will lead to 'Windrush scenario's'. Moreover, their rights are not properly defined and protected.
It is high time that the UK legislator takes appropriate action. This paper presents a detailed legislative
proposal to turn the EU Settlement Scheme into a declaratory registration scheme that will ensure
that EU citizens receive a document proving their status, while avoiding turning them into illegal
immigrants. It equally provides a proposal to define the rights of these citizens into primary legislation
so they cannot be easily undermined.
It is high time that the UK legislator takes appropriate action. This paper presents a detailed legislative
proposal to turn the EU Settlement Scheme into a declaratory registration scheme that will ensure
that EU citizens receive a document proving their status, while avoiding turning them into illegal
immigrants. It equally provides a proposal to define the rights of these citizens into primary legislation
so they cannot be easily undermined.
Stijn Smismans (2019), ‘This is how to stop Brexit causing a new Windrush scandal for EU citizens’, Freemovement.org, (9th August 2019)
This paper provides a synthesis of the key features of the declaratory registration system developed in the paper above.
Limits of the current regulatory framework
Stijn Smismans (2018), ‘EU citizens’ rights post-Brexit: why direct effect beyond the EU is not enough’, European Constitutional Law Review, 14 (3), 443-474. Available here:
| eu_citizens_rights_post_brexit_why_direct_effect_beyond_the_eu_is_not_enough.pdf |
This paper provides a detailed analysis of the shortcomings of both the Withdrawal Agreement and the EU Settlement Scheme.