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Cambridge Centre for European Legal Studies (CELS) Podcast

'(Dis)enfranchisement and the Exercise of Free Movement Rights' - Aidan O'Neill: CELS Seminar

Cambridge Centre for European Legal Studies (CELS) Podcast

Faculty of Law, University of Cambridge

Society & Culture, Education, Business

0.00 Ratings

🗓️ 17 February 2016

⏱️ 36 minutes

🧾️ Download transcript

Summary

Aidan O'Neill of Matrix Chambers gave a lunchtime seminar entitled "(Dis)enfranchisement and the Exercise of Free Movement Rights" on Wednesday 17 February 2016 at the Faculty of Law as a guest of CELS (the Centre for European Legal Studies). For more information see the CELS website at http://www.cels.law.cam.ac.uk/

Transcript

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0:00.0

I suppose I ought to tell you where I'm coming from,

0:08.0

because of course one always has to take into account speaker bias, I suppose.

0:14.0

I've discovered my inner unionist of late. For years, frankly, I used to vote SMP until they started

0:25.9

becoming powerful. And then once he...

0:29.4

Once he took power, in my usual way, I thought, well, actually, it's oppositional politics is actually rather important

0:39.5

for any stable democracy. Democracies work on their being the possibility of dissent and a

0:49.2

powerful dissent and the like. And I always get slightly worried if the party I support gets into power. So that

0:57.6

having happened, and with the independence referendum, I suddenly realised the virtues really of the

1:05.3

British Union. Similarly, with the European Union, I was always a bit of a Eurosceptic in terms of the approach,

1:13.6

particularly in fundamental rights issues, which the Court of Justice took, and I was a great one for denouncing its activism,

1:22.6

and going beyond the strict limit of what the plain wording of the treaty said.

1:30.1

But now, with the possibility of our strong possibility, it seems to me,

1:34.2

of at least the southern part of the British Union voting to leave the European Union.

1:41.8

I've suddenly discovered my inner European Unionist, and I would definitely be voting to stay in, as I suspect most Scots will be, but that's an issue for another paper.

1:54.4

So, this paper arises from somebody having phoned me up in late December,

2:05.1

saying, do you realize I'm not getting a vote in the Brexit referendum?

2:13.8

This is somebody I knew from university, and he now works for the European institutions

2:21.4

and based and has done for more than 15 years. So he was saying there's a lot of concern

2:28.8

amongst the Brits working in Brussels and Luxembourg and the like, who've certainly been there for quite a while,

2:36.7

that not just that their jobs are on the line, but the whole vision of what it was to be

2:43.2

European was going to be questioned in a referendum from which they had been excluded from the franchise.

2:54.9

And so, basically, it was a nice, straightforward legal problem.

...

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