The European Commission has taken legal action against the UK, accusing it of failing to uphold its obligations under EU law regarding freedom of movement following Brexit.
In a significant blow to Sir Keir Starmer’s attempts to reset UK-EU relations, the Commission has referred the UK to the Court of Justice of the European Union over alleged failures to comply with the post-Brexit withdrawal agreement.
The EU claims that the UK has failed to fully implement key elements of the Treaty on the Functioning of the European Union, which guarantees the rights of residents to live and work freely between EU member states.
Despite several warnings that UK national laws did not align with EU free movement laws post-2020, the Commission contends that multiple issues remain unresolved.
The origins of the Commission’s complaint date back to May 2020 when it first raised concerns about restrictions placed on the free movement rights of EU citizens and their families.
Following a formal notice from the Commission, several issues were not addressed by the UK, particularly regarding the rights of EU citizens and their family members to exercise their free movement rights.
In July 2023, the Commission reaffirmed its position, stating that several critical points remained unaddressed, including the rights of workers and extended family members.
The UK’s referral to the EU’s top court represents a setback for Sir Keir Starmer, who has worked to improve relations with the EU since taking office.
The timing is particularly significant as the UK government, led by Prime Minister Rishi Sunak, has been striving for a new agreement with the EU to reduce red tape and boost growth post-Brexit. The UK’s failure to comply with EU freedom of movement laws contrasts with these efforts.
Meanwhile, Brussels is reportedly preparing to demand that the UK adhere to EU laws for the first time since Brexit as part of a future deal. The EU is also set to make acceptance of the European Court of Justice’s jurisdiction a red line in any new UK-EU agreement.
Despite Sir Keir Starmer’s insistence that the UK will not rejoin the EU single market under his leadership, he has committed to renegotiating the post-Brexit deal to enable closer cooperation on defence, security, and trade.
A recent draft document revealed that EU negotiators are prioritising British concessions on fishing rights and youth mobility schemes in their talks with the UK.
The UK and EU are expected to engage in formal negotiations early next year, with regular summits between Sir Keir Starmer and European Commission President Ursula von der Leyen set to begin in 2025.
The UK government has been asked for a comment on the legal action.
