EU Commission Takes Action Against UK for Non-Compliance with Free Movement Law

The European Union Commission has decided to initiate measures against the United Kingdom for failing to adhere to the free movement law for EU citizens and their family members. According to the Withdrawal Agreement between the EU and the UK, the UK is required to ensure the free movement rights of EU citizens and their families. However, the UK has not fully implemented this agreement, prompting the Commission to send a reasoned opinion to the UK.

The Commission has identified multiple shortcomings in the UK's compliance with the Treaty on the Functioning of the European Union. These deficiencies are affecting EU citizens who continue to reside in the UK under the Withdrawal Agreement. Specifically, the Commission pointed out issues related to the right to move and reside freely within the member states, the freedom of movement for workers, and the freedom of establishment.

"This concerns specifically the right to move and reside freely within the territory of the Member States, the freedom of movement of workers and the freedom of establishment as well as the transposition of the Free Movement Directive of 2004," stated the EU Commission.

The EU had already sent a formal notice to the UK regarding these concerns back in 2020. Despite this, several points have remained unaddressed, leading to continued difficulties for EU citizens residing in the UK under the Withdrawal Agreement and their family members. With the issuance of the reasoned opinion, the UK now has a two-month window to respond and implement the necessary measures. If the UK fails to comply, the Commission has the authority to refer the case to the EU Court of Justice.

In a related development, 76 organisations that support the rights of EU citizens have called on UK Prime Minister Keir Starmer to reform the EU Settlement Scheme and grant more rights to EU citizens. These organisations sent a letter to the Prime Minister, urging the government to clear the backlog of the EU Settlement Scheme. Additionally, they pressed for the government to fix the "broken immigration system" and to revise the approach to handling late applications to the EU Settlement Scheme.

The EU Settlement Scheme has been a critical issue for many EU citizens living in the UK, as it affects their legal status and ability to reside and work in the country. The organisations supporting EU citizens argue that the current system is inadequate and needs significant reforms to protect the rights of EU citizens and their families who have made their lives in the UK.

The ongoing dispute highlights the complexities and challenges of post-Brexit relations between the UK and the EU, particularly concerning the rights and freedoms of individuals affected by the Withdrawal Agreement. The Commission's actions underscore the importance of ensuring that agreements made during the Brexit negotiations are fully implemented and respected to protect the rights of EU citizens living in the UK.

By fLEXI tEAM