An important area of law requiring consideration in the context of the UK’s planned withdrawal from the EU is the question of whether rights granted to individuals and businesses during the UK’s membership of the EU will endure following its exit.
The question is relevant for both EU Member State nationals exercising their rights in the UK and UK nationals exercising their rights in EU Member States, such nationals including individuals and businesses. In legal terms, this topic centres on the question of whether such rights constitute “acquired” or “vested” rights. In the specific context of Brexit, the rights that are likely to be of key concern are free movement of workers, freedom of establishment and free movement of goods and services.
We provided an overview of the concept of acquired rights in our e-briefing on the international law implications of Brexit (available here). This briefing will look at the issue in more detail, in particular, providing an overview of the concept as it has evolved from a legal standpoint and exploring the potential legal sources of acquired rights in the context of Brexit.
Please click here to read the full briefing.
The contents of this publication are for reference purposes only and may not be current as at the date of accessing this publication. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.
© Herbert Smith Freehills 2020