UK accused of failing to comply with EU law on free movement of EU citizens and their family members
The European Commission (EC) announced today that it is taking legal action against the UK for a failure to comply with EU law on free movement of EU citizens and their family members following Brexit.
You can read the EC's press release here.
In July, the EC warned that shortcomings in the UK's implementation and transposition of EU free movement law could result in a referral to the Court of Justice of the European Union (CJEU). The UK was given two months to respond to the EC's concerns.
Today, the EC said that it has now referred the case to the CJEU. The press release stated: "After carefully assessing the replies of the United Kingdom, the Commission maintains that several elements of the grievances remain unaddressed, including on the rights of workers and the rights of extended family members. The Commission, therefore, decided to refer the United Kingdom to the Court of Justice of the European Union."
The case builds on longstanding concerns about how the UK implemented free movement laws and highlights ongoing issues affecting EU citizens under the Withdrawal Agreement. A letter of formal notice was first sent to the UK back in May 2020.
The EC says that post-Brexit legislation in the UK restricts who can benefit from EU free movement rights, specifically the right to move and reside freely within the territory of the Member States (Article 21 TFEU), the freedom of movement of workers (Article 45 TFEU) and the freedom of establishment (Article 49 TFEU), as well as the transposition of the Free Movement Directive (2004/38/EC).
The Independent quoted a Downing Street spokesperson as saying in response to the EC's announcement: "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 as you know, since coming into Government, we've been focused on resetting our relationship with the EU to make Brexit work for the British people."