British expats worried about their status in Europe are mounting a legal challenge against EU Commission President Jean-Claude Juncker for barring civil servants from discussing Brexit.
Juncker is the EU’s most senior civil servant and he is under fire from ordering other senior officials not to talk about Brexit with their British counterparts.
He made the remarks after the referendum, declaring that British and European officials could not mention Brexit until official negotiations had started.
Now Fair Deal for Expats, a lobby group for British expats living across Europe is challenging his edict in the courts.
No power as president
The group claims the EU president has no power to make such an order and that his presidential declaration should be overturned on the grounds what Juncker said is discriminatory against British citizens who are still members of the EU.
They also argue his order infringes their human rights as expats living in other EU countries as his order prevents any negotiations from going ahead to protect their rights.
Fair Deal’s president, John Shaw, said: “Juncker’s ban needs to go and the UK needs time to have discussions and negotiations before the UK triggers Article 50, in accordance with the UK’s constitutional requirements – which we contend requires Parliament’s involvement.
“All we want is for Britain and the European Commission to talk freely to agree an outline of how Brexit will work before Article 50 is triggered.”
Legal experts argue that Fair Deal’s case against Juncker faces a tough time in the courts as EU legislation allowing expats to challenge what he says is poorly drafted and difficult to enforce.
Tactical advantage in talks
“EU institutions effectively defend themselves from challenges by limiting them to ill-defined ‘regulatory acts’, and acts that are of ‘direct and individual concern’ to the challengers. Most non-state actions for annulments of EU acts have been beaten off with these restrictions,” said the UK Human Rights blog.
Juncker made his comments in a bid to stop British negotiators stealing a march on the EU by testing the feeling of other governments about topics due for discussion.
He feared Britain could gain a tactical advantage in the talks and wanted to rob Prime Minister Theresa May of any opportunity to gain a better deal.
