Abstract
Abstract This chapter provides a detailed evaluation of one of the key separation challenges raised by Brexit and addressed in Part Two of the EU–UK Withdrawal Agreement: protecting the rights of EU citizens and UK nationals who had already exercised their free movement rights under EU law before the end of the transition period on 31 December 2020. EU free movement law provides the general baseline for calculating entitlement to protection and the content of future rights in fields such as residency, employment, and social security. However, the Withdrawal Agreement also contains various deviations from that EU law baseline, e.g. the UK’s EU Settlement Scheme is based on compulsory registration by EU citizens; e.g. the ‘golden cage’ whereby UK nationals are protected only in their state of residence, not across the whole EU. The Withdrawal Agreement also contains special rules on enforcement and interpretation of citizens’ rights—but they will not be sufficient to protect against the full effects of social exclusion or discrimination.
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