| Abstract [eng] |
On 29th March 2017, the United Kingdom expressed its intention to leave the Union. In this way, Article 50 of the EU Treaty has been activated and the fate of millions of people and their families who have enjoyed the rights granted by the Union was in an uncertain situation. Therefore, Brexit negotiations sought a compromise on measures to ensure the rights of Union citizens residing in the United Kingdom and citizens of United Kingdom residing in the member states as well as their family members and on 29th to 30th of January 2020 a Withdrawal Agreement was ratified, which redefined the rights and status of international families. This master thesis aims to identify how and to what extend United Kingdoms withdrawal affects the rights and the status of members of international families. A study on the regulation of the withdrawal and the reasons behind Brexit has shown that Article 50 of the EU Treaty does not define on what specific rights must be agreed, but the United Kingdoms desire to end the free movement of persons determined that the content of the rights granted to international families had to be discussed separately. The work, therefore, examines the Union acquis on the movement of international families and distinguishes fundamental rights to be divided to two parts: substantive rights enabling international families to leave and enter, reside and remain, and procedural rights aimed to eliminate the effects resulting from the exercise of the movement rights. To determine what measures have been implemented a comparative analysis of Union acquis and Brexit regulations has been carried out. It has shown that the Withdrawal Agreement covers all excluded rights granted to international families, but their content varies at each stage of Brexit. The work also provides an analysis of the status of members of international families and stipulates that the legal status of international family members may change, depending on the model of the relationship to be applied at a particular stage of Brexit and the nationality of the family member as well as the place where rights are exercised. However, at any event, the Union and the United Kingdom are obliged to properly fulfil commitments arising from the withdrawal and ensure a consistent interpretation and implementation of adopted regulations. |
