THE STATUTE OF THE BRITISH CITIZENS ON THE TERRITORY OF ROMANIA IN THE CONTEXT OF BREXIT - UNION LEGISLATIVE AND TRANSPOSITION MECHANISMS

Abstract

On February 1, 2020 The Withdrawal Agreement1 between the United Kingdom of Great Britain and Northern Ireland (generic-United Kingdom) and the European Union (EU) and the European Atomic Energy Community (Euratom), hereinafter referred to as the Union, has entered into force). This official document guarantees the two parties a withdrawal in conditions of legal certainty concerning areas such as the rights of British citizens and union nationals, the customs regime, trade and services, the rights of companies, etc. In a first analysis of the effects of Brexit, we mention the acquisition by the United Kingdom of the status of a third party with all the consequences that arise, such as withdrawal from the decision-making process, withdrawal of representatives from the Union institutional level. In order to support British citizens who continue to reside in the territory of the European Union but also to support Union nationals resident in the United Kingdom, in accordance with the Withdrawal Agreement, on the one hand, one continued to apply the European Union law to the United Kingdom on the entire transition period which lasted until 31 December 2020, while EU Member States were required to adopt national legal instruments governing both the transition period and beyond, the status of British citizens called "beneficiaries of Art. 50 TEUs who continued to live and work in the Union territory. Romania has fulfilled this obligation deriving from its status as a member state in the sense that on November 23, 2020, the Romanian executive adopted the Government Emergency Ordinance no. 204 of 23 November 2020 on the establishment of measures for the implementation of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, regarding the regulation of the right of entry and residence in Romania.