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European Commission suing UK over post-Brexit freedom of movement ‘shortcomings’

Britain had failed to comply with EU law on the free movement of European citizens, the commission said.

David Lynch
Monday 16 December 2024 12:17 EST
The commission has referred Britain to the Court of Justice at the European Union (Yui Mok/PA)
The commission has referred Britain to the Court of Justice at the European Union (Yui Mok/PA) (PA Wire)

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The European Commission is suing the UK for violating the terms of the post-Brexit deal, despite efforts by Sir Keir Starmer to repair links with the trade bloc.

Britain had failed to comply with EU law on the free movement of European citizens, the commission said.

Under the post-Brexit Withdrawal Agreement, EU citizens already living in Britain and their families are allowed to remain to live and work, and Britons on the continent are afforded the same rights.

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

European Commission

But the commission believes there are “several shortcomings” in how the UK has handled freedom of movement since it officially left the bloc in 2020 and has referred Britain to the Court of Justice at the European Union.

“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 European Commission said in a statement.

It added: “The commission, therefore, decided to refer the United Kingdom to the Court of Justice of the European Union.”

The legal action will come as a blow to Sir Keir’s Government, as a reset in relations with the UK’s nearest neighbours is among the Prime Minister’s priorities.

Sir Keir’s official spokesman would not comment on the court referral.

“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,” he told reporters.

“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.”

The spokesman had earlier on Monday guided journalists away from reports of a so-called “surrender squad” set up to row back on Brexit commitments.

The Government was committed to remaining outside the single market or customs union, No 10 said.

Downing Street acknowledged there was a team dealing with EU-UK relations, with the spokesman adding: “There is a group of people who were working in the Foreign Office who have been moved to the Cabinet Office to secure the best possible deal for the UK in relation to the EU.”

Dame Priti Patel, the shadow foreign secretary, warned the Government about the implications of the EU’s legal action and urged them to defend against it.

She said: “The EU’s enthusiasm to continue to take proceedings against us in the ECJ should be a warning to Keir Starmer as he tries to edge us back under its jurisdiction in more areas and extend mobility rights for EU citizens.

Labour will surrender our sovereignty and instead of focusing on securing growth through a competitive domestic economy and global trade, they want to tie our hands up in the EU

Shadow foreign secretary Dame Priti Patel

“I hope the Government will strongly defend this claim.

“Labour will surrender our sovereignty and instead of focusing on securing growth through a competitive domestic economy and global trade, they want to tie our hands up in the EU.

“At a time when (the) Government should be making savings, it’s outrageous that they are blowing taxpayers’ cash recruiting to new roles designed to facilitate closer integration with the EU.”

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