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What are the outstanding challenges?
A critical outstanding issue which remains is the right of effective judicial redress that should be granted by the U.S. to EU citizens not resident in the U.S. (i.e. ensuring that EU citizens not resident in the U.S. enjoy the same rights as those enjoyed by U.S. nationals in the EU today).
This is significant for two reasons: first ensuring equal treatment, meaning that EU citizens who don’t live in the U.S. can obtain the same treatment in terms of judicial redress (meaning they can go to court) as U.S citizens, and secondly ensuring the enforceability of the rights set out in the EU-U.S. agreement. This is an issue which is at the core of the negotiating mandate the Council gave to the Commission.
A satisfactory solution is yet to be found on this point. The U.S. recognises how critical this issue is for the EU, and has committed to identifying ways of addressing it, such as through legislative action in Congress. While this commitment from the U.S. side is welcome, a workable legislative solution is yet to be proposed by the U.S.
read full report at European Commission
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