The EU's Membership and the Future of 'Friends of Europe' for British Nationals

Following the 2016 Brexit referendum, there have been ongoing discussions, both among politicians and the public, about the possibility of granting certain privileges to British nationals who voted to remain within the European Union. This article explores the idea of creating an associate level "Friends of Europe" membership for British nationals who voted to remain, examining the practicality, legal framework, and potential consequences of such a scheme.

The Idea Behind a 'Friends of Europe' Membership

The concept of "Friends of Europe" membership suggests a way for certain British nationals who voted to remain to regain some of the privileges they lost after the Brexit. These privileges might include free movement to the continent and potential tax breaks. However, the idea of offering such membership faces several challenges and raises important questions about the unity of the European Union and the role of sovereign nations.

Legal and Practical Constraints

The European Union is not a rules-based organization that can simply grant different privileges to citizens of a third country based on their political stance. EU citizenship is conferred via member states, and membership comes with the responsibility of abiding by the laws and regulations of those states. For example, to gain the privileges of EU citizenship, one must move to a member state and get residence there through means such as work (e.g., the EU Blue Card scheme) or retirement (with sufficient income) or other residency programs (such as the "Golden Passport" scheme for individuals with significant financial means.

Several European Members of Parliaments (MEPs), such as Sophie Tulving (a Dutch MEP) and the former Belgian Prime Minister Guy Verhofstadt, have discussed the idea of providing such benefits post-Brexit. However, their proposals have not gained widespread support due to practical and legal constraints.

The Proposal and Its Challenges

Verhofstadt's proposal, brought up during the withdrawal agreement discussions, sought to establish a framework that would allow British nationals who voted to remain certain privileges similar to those of EU citizens. However, the proposal was largely ignored by both sides and did not succeed. The idea is problematic for several reasons:

Potential Discrimination: A scheme that only benefits British citizens who voted to remain could be seen as discriminatory towards other individuals who may have voted to leave or who did not vote at all. This could open up the European Court of Human Rights (ECHR) to numerous cases and appeals. Practical Implementation: Implementing such a scheme would require significant administrative and legal changes, making it impractical and costly. Political and Legal Complications: The EU operates on the principle that member states respect the sovereignty of other member states. Interfering with the rights of citizens is not in alignment with this principle.

The Alternative: Moving to the EU

Instead of pursuing a 'Friends of Europe' membership, those British nationals who feel strongly about maintaining EU rights and privileges might consider moving to any of the EU member states. By doing so, they can gain residence legally and benefit from the rights associated with EU citizenship. However, moving to the EU does require individuals to support themselves financially and to fulfill the necessary paperwork and administrative requirements.

In conclusion, while the idea of a 'Friends of Europe' membership for British nationals who voted to remain is appealing, it is not feasible due to the complex legal and practical constraints of EU membership. The most pragmatic solution for those seeking to maintain EU privileges is to move to an EU member state and gain legal residence there.