Impact of the Article 50 of TEU on Migration of the EU Workers in Case of Brexit

Abstract

BREXIT has created a new situation in the field on free movement of workers within the EU. It was the change introduced by Lisbon Treaty that gives the EU Member States the right to exit from the European Union. On 29 March 2017, Theresa May send a letter to President of the European Council Donald Dusk a letter with a wish to use the Art. 50 of TEU to exit from the EU, and from European Atomic Energy Community. Europe and Britain are now facing a new situation that has never happened before and therefore any decision of the further collaboration and co-existence gives precedents to potential new “dissociates“ from the EU. The current situation affects also the EU citizens living in Great Britain and British citizens living in other EU countries, as the principles of free movement of persons will no longer automatically apply to either of those groups of people and new agreements need to be imposed.

This chapter analyses the application of Art. 50 of TEU and its impact on free movement rights of the EU citizens who are workers, from both perspectives the British citizens abroad and the other EU citizens living in the United Kingdom. What would be the options for further cooperation after Brexit to maintain the rights of workers? It elaborates on five different post Brexit solutions that can be introduced to resolve the questions of workers’ rights that were created by EU legislation.