The European Commission has initiated legal action against the United Kingdom, alleging violations of EU law concerning the rights of EU citizens living in Britain post-Brexit. The action has been taken to the Court of Justice of the European Union (CJEU), with accusations centering on the UK's failure to adequately protect the free movement rights of EU nationals after the end of the Brexit transition period on December 31, 2020.
On Monday, the Commission announced it was referring two cases against the UK to the CJEU. The legal action stems from claims made over ‘several shortcomings’ in how the UK has implemented laws related to freedom of movement, regulations established under the post-Brexit Withdrawal Agreement.
During the transition period, EU citizens residing in the UK and their families were granted rights to remain, but the European Commission argues those rights have not been fully honored. "After carefully assessing the replies of the United Kingdom, the Commission maintains several elements of the grievances remain unaddressed, including on the rights of workers and the rights of extended family members," the Commission stated.
The legal action is viewed as particularly damaging to Sir Keir Starmer’s government, which is attempting to reset the UK's relationship with the EU. A spokesperson for Starmer stated, "I can't comment on legal proceedings, which also relate to issues from when the UK was an EU member state and during the transition period under the previous government. But... we've been focused on resetting our relationship with the EU to make Brexit work for the British people." Yet, the shadow foreign secretary, Dame Priti Patel, warned the government about the potential political ramifications and urged strong defensive measures against the lawsuit. "The EU’s enthusiasm to continue to take proceedings against us... should be a warning to Keir Starmer as he tries to edge us back under its jurisdiction," Patel asserted.
One of the core grievances noted by the European Commission involves the treatment of approximately 3.5 million EU citizens residing within the UK, who are entitled to protections under the Withdrawal Agreement. There have been reports of EU nationals being halted at UK borders, denied entry, and even facing deportation orders after returning from holidays or family visits abroad. The UK's Independent Monitoring Authority has also raised concerns about the “certificate of application” process established for EU citizens to validate their post-Brexit status.
Despite the UK government representing these cases as relics of their EU membership, acknowledging they arise from actions taken during the transition period, the EU insists these unresolved issues must be addressed. The Commission emphasized, "These cases relate to issues from when the UK was an EU member state and during the transition period. We are not going to comment on legal proceedings."
This legal confrontation stands to create significant fallout. Notably, any ruling against the UK could impact negotiations on future relations between London and Brussels. The EU has repeatedly indicated it will only engage with the UK on new agreements once there is ‘full and faithful implementation’ of existing ones.
The current tension also surfaces against the backdrop of efforts by the UK government to renegotiate its working relationship with the EU. Plans had been put forth to establish specialized teams focused on improving ties, consisting of 100 staff members designated to facilitate discussions and explore potential agreements. Nonetheless, the governments of both parties face obstacles due to their respective positions on fundamental issues such as fishing rights, overlapping jurisdictions over mobility rights, and the single market.
The Commission is pushing for greater mobility agreements, especially for the youth, which Prime Minister Starmer hopes will help nurture healthier relations. The EU desires to create opportunities for young people aged 18 to 30 to work, study, and travel freely for several years within the UK and other EU member states. Yet, the British government remains hesitant to embrace any initiatives perceived to bolster unrestricted immigration.
Emerging from these developments, the strategic objectives of the UK government include reorganizing domestic legislation to withstand the scrutiny of EU standards and facilitating negotiations where both parties find common ground. Sir Keir Starmer's government aims for progress at the negotiation table but faces significant challenges rooted deep within the intricacies of Brexit.
Legal experts suggest the EU's movement is not merely about seeking compliance but reflects broader apprehensions concerning safeguarding rights for EU citizens. This latest action could signify more extensive legal battles if the UK does not comply and adjust its policies. The EU, poised with the capacity to levy extensive fines through the CJEU, is signaling its readiness to hold the UK accountable for its commitments under the post-Brexit framework.
While these proceedings may seem tedious, they resonate on both political and social levels within the UK, impacting citizens’ sentiments and the overarching reputation nurtured post-Brexit. The outcome of the EU's legal pursuit against the UK will play a pivotal role not only for EU citizens but for the fabric of UK-EU relations moving forward.
