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The European Commission has today registered two European Citizens' Initiatives concerning the rights of Union citizens in the context of the withdrawal of a Member State from the EU and rejected a third proposal entitled 'Stop Brexit'.
The first invites the Commission to separate Union citizenship from Member State nationality in light of the UK withdrawal from the EU ("EU Citizenship for Europeans: United in Diversity in Spite of jus soli and jus sanguinis"), and the second calls on the Commission to uphold the right of Union citizens to move and reside freely within the European Union ("Retaining European Citizenship"). At the same time, the Commission has rejected as inadmissible a third proposal calling on the Commission to prevent the withdrawal of the United Kingdom from the EU ("Stop Brexit").
The Commission's decisions concern the legal admissibility of the proposed initiatives. At this stage, the Commission has not examined the substance of the initiatives.
The Commission found that the "EU Citizenship for Europeans: United in Diversity in spite of jus soli and jus sanguinis" and the "Retaining European Citizenship" initiatives meet the conditions necessary for registration under the Regulation on European Citizens' Initiatives. Both European initiatives call on the Commission to protect the status and rights of EU citizenship, in the context of the United Kingdom's withdrawal from the European Union. The Commission attaches great importance to the underlying issue of providing certainty and security to the 4 million citizens (3,2 million EU citizens in the UK and 1,2 million UK citizens in the EU) who are unsure of their future as a result of the decision of the UK to withdraw from the EU. While the Commission cannot propose secondary legislation aiming at granting EU citizenship to natural persons who do not hold the nationality of a Member State of the Union, the rights of EU citizens in the UK and the rights of UK citizens in the EU after the withdrawal of the UK will be at the core of the upcoming Article 50 negotiations. The Commission will do its upmost to prevent EU citizens from being used as bargaining chips in the negotiations with the UK.
In the case of the "Stop Brexit" initiative, the Commission found that the conditions for registration were not met. Article 50(1) of the Treaty on European Union (TEU) explicitly allows any Member State to withdraw from the Union in accordance with its own constitutional requirements. While the Commission regrets the withdrawal of the United Kingdom from the European Union, it respects the outcome of the referendum.