Library picture: Eleanor Sharpston is seen at a social event in Luxembourg in June 2011 Maison Moderne archives

Library picture: Eleanor Sharpston is seen at a social event in Luxembourg in June 2011 Maison Moderne archives

Speaking with Bloomberg News, Sharpston, a UK national, said of the decision that will be taken by EU leaders:

“What are the conclusions that will be drawn, I suspect may be more influenced by politics than law.”

While the two British judges at the ECJ will certainly leave their posts in March 2019, the position of advocate general is described as an “independent” position in EU treaties. So, Sharpston could stay on till 2021, when her current term ends, Bloomberg observed on 19 January.

Advocates general provide preliminary opinions on cases brought before the EU’s top court, before a panel of judges begin their deliberations. The judges are not obliged to follow an advocate general’s recommendation, but in the majority of cases they reach the same conclusion.

Bloomberg noted that Sharpston is:

“one of more than a hundred Brits in Luxembourg left in limbo at EU institutions including the courts, the European Court of Auditors and the European Investment Bank.”

The article also quoted Fiona Godfrey, co-founder of the expat campaign group Brill, as saying of those other Brits in limbo that:

“Some are holding off applying for citizenship as they don’t want to lose money.”

Jean-Claude Juncker, the European Commission president, has previously said that Brussels would try to safeguard the positions of Brits working for EU institutions.