EU sues UK over post-Brexit freedom of movement failures in blow to Starmer’s reset

The European Commission is taking Britain to court over its alleged failure to comply with EU law on freedom of movement after Brexit.

In a blow to Sir Keir Starmer’s efforts to reset relations with the bloc, the commission referred the UK to the Court of Justice of the European Union over shortcomings in how it has cooperated with the post-Brexit withdrawal agreement.

It alleges several shortcomings in how Britain has stuck to the Treaty on the Functioning of the European Union, affecting residents’ rights to live and work freely between EU member states. It said Britain has failed to heed a series of warnings that its national laws do not comply with EU free movement laws at the end of 2020.

The commission’s complaint originated in May 2020, when it accused the UK of restricting free movement rights of EU citizens and their family members. It sent a formal notice of the complaint to the UK at the time, and in July this year said “several points remain unaddressed”, highlighting in particular matters around EU citizens and their family members exercising their free movement rights.

And on Monday the commission said it had “carefully assessed” the UK’s replies to its complaints, but “maintains that several elements of the grievances remain unaddressed, including on the rights of workers and the rights of extended family members”.

The UK’s referral to the bloc’s top court comes as a blow for Sir Keir as he desperately bids for closer ties with the EU. The PM has spent much of his first six months in office courting European leaders in a bid to strike a new deal with the EU that would cut red tape that has stifled growth since Brexit.

It also comes after it emerged Brussels is preparing to ask the UK to follow EU laws for the first time since Brexit as part of its plans for a new deal with the UK.

While Sir Keir has repeatedly insisted the UK will not rejoin the single market within his lifetime, he has pledged to “make Brexit work” by renegotiating the deal agreed upon by Boris Johnson and pursuing closer cooperation, particularly on defence, security and trade.

A blueprint for European negotiators looking at the trade deal, seen by The Times, indicates that EU leaders are planning to make UK acceptance of the jurisdiction of the European Court of Justice a red line for an improved trading relationship.

The document also reportedly sets out British concessions on fishing and a youth mobility scheme as key priorities for the EU.

The document is expected to be presented to a council of European ministers next week, ahead of the start of formal talks between the UK and EU which will begin early next year.

Sir Keir and European Commission president Ursula von der Leyen have agreed to hold regular EU-UK leader summits, with the first set to take place in early 2025.

The UK government was asked to comment.