Jason Coppel QC, representing the government, argued that EU citizenship rights, which Brits currently enjoy, have never been part of parliament's decision-making remit. He added that "none" of the rights Brits have as EU citizens would be affected by Article 50 being triggered.
Basically, he argues, that the UK parliament has never been under obligation to consider or discuss EU citizenship rights in parliament, so any change to the current situation does not need approval granted by MPs.
Lord Chief Justice Thomas, the most senior judge in the country, said he was "baffled" by this arrangement and suggested that EU citizenship rights, which will be lost once Article 50 is invoked, are a matter for parliamentary consultation.
"I'm baffled," Lord Thomas said. "These rights are under treaty. If amending the treaty, parliamentary approval is needed. So, I don't understand why the content of these rights are not controlled by parliament?"
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