We are raising money to fight for the rights of EU nationals in the UK
We intend to challenge discrimination and human rights abuses related to the Brexit decision
Update on Article 50 intervention
New Europeans, a civil rights organisation founded in 2012 whose aim is to champion freedom of movement, non-discrimination and the principle of solidarity in Europe was today refused permission to intervene in the Article 50 case to be heard at the Supreme Court on the 5th to 8th December 2016.
New Europeans was acting with a group of UK resident EU nationals.
There are about 2.9 million EU citizens resident in the UK. Once again they have been completely ignored in the Brexit decision-making process despite the fact that many have lived here for decades.
EU citizens pay taxes, own property and run businesses, some have made their lives with UK citizens and are raising children (many of which are UK citizens) in the UK. As well as their positive impact on UK society, recent figures from HMRC show that they make an enormous financial contribution – paying £14.7bn a year in income tax and national insurance whilst only claiming £2.6bn in tax credits and child benefit.
New Europeans argued that the Government's decision to leave the EU under Article 50 was unlawful for reasons including its failure to consider the interests of these 2.9 million EU nationals. Further, the uncertainty for EU nationals created by the way in which the Government claims to have taken a decision under Article 50 unjustifiably interferes with their human rights.
Nationals from 53 countries were allowed to vote in the EU referendum on the 23rd June. UK nationals, nationals of the 51 other Commonwealth countries and Irish nationals. Of these 4 are members of the EU – UK, Cyprus, Malta and Ireland. On the other hand nationals of the 24 other EU member states were excluded from the vote. In taking any decision to leave the EU based entirely on this referendum the Government is directly discriminating against a substantial part of the UK population.
Furthermore, the Government has failed to take into account the human rights implications of taking a decision to leave the EU without any referral to the overwhelming majority of EU nationals in the UK.
The use of EU nationals as 'pawns' in the Brexit process is a breach of Article 8 of Human Rights Act.
For these reasons, it is our view that the Secretary of State has fettered his discretion and any such decision by him, or the Government, to leave the EU must be unlawful.
New Europeans were represented by Squire Patton Boggs.
Roger Casale said:
“We are disappointed by the Court's decision and we will take further legal action to uphold the rights of these EU nationals, should the Government win their appeal."
“The denial of the right to be heard in court, yet again, is an extremely worrying feature of this process from the very outset, when the franchise was designed in a manner that was both exclusionary and deeply discriminatory. In the event that the Supreme Court favours the Government view, we would still be faced with a vital and unanswered question. Assuming that the Government had the power to decide to leave the EU without regard to the normal democratic processes, has that decision been properly and lawfully taken?
Unless that question receives an answer from the Courts nobody could be satisfied that, in the terms of Article 50, the UK’s decision to leave the European Union was taken in accordance with its own constitutional requirements.”
For further information, please contact:
Roger Casale, Founder and CEO, New Europeans
T: 07960 586806