Correspondence of Dan Alexe // EU sues the UK for blocking the free movement of citizens
On Monday, December 16, the EU announced that it would take the UK to the European Court of Justice (ECJ) for violating rules on the free movement of EU citizens and their family members after Brexit. The European Commission said it suspects that “there were several shortcomings” in the UK’s implementation of the treaties at the end of 2020.
The announcement comes as London and Brussels have shown signs of rapprochement since Keir Starmer came to power in July. After a difficult period of dialogue following Brexit, the Labour Prime Minister has decided to “reset” relations between the EU and the UK. Faced with the Russian threat or the new US administration, or even energy and climate issues, the two sides are seeking to rebuild their ties. Public opinion also seems to be in favour.
The United Kingdom officially left the European Union on January 31, 2020. However, under an agreement between the two parties, EU citizens and their family members who settled in the UK before the end of 2020 would enjoy the same rights as those who arrived there before Brexit.
Before referring the case to the European Court of Justice, the Commission held several discussions with the British authorities since 2020. However, the European Union claims that “several of its complaints have remained unanswered, in particular concerning workers’ rights and the rights of extended family members.”
The Commission said it would take the case to court because its right to do so under the terms of the UK’s exit from the EU ends on December 31.
Until then, the ECJ can rule on matters dating back to before 2021, when the UK’s Brexit transition period ended. The UK would be obliged to comply with the court’s rulings.
British Prime Minister Keir Starmer will meet his 27 EU counterparts for an informal dinner in February, the first such meeting since Great Britain left the bloc. But the UK government has ruled out joining the single market and customs union.
The legal action comes amid growing pressure from Brussels to protect the post-Brexit rights of millions of EU citizens in the UK. The Commission claims that the UK has imposed unfair restrictions on the right of EU citizens’ family members to reside in the country, among other things. There are more than 5 million EU citizens with the right to reside in the UK.
A growing number of cases have emerged of EU citizens being refused entry at the UK border or facing deportation orders after returning from holidays or family visits abroad.
The two sides are also at odds over a youth mobility scheme, which the EU sees as essential to any successful rapprochement. The EU would like to create a “youth experience scheme” allowing young people aged 18 to 30 to work, travel and study anywhere in the UK and the 27 member states for several years.
London opposes any scheme that could increase inward migration without being overseen by specialist British bodies. London’s divorce from Europe is dragging on.
