In a stunning development, the European Commission has announced that it is taking legal action against the British government over alleged violations of the rights of EU citizens residing in the UK following Brexit. The move comes as a blow to hopes for a reset in EU-UK relations under the leadership of Labour Party leader Keir Starmer.
Commission Cites “Several Shortcomings” in UK Implementation of EU Law
According to a statement released by the Commission, the decision to refer the UK government to the European Court of Justice stems from “several shortcomings” in the UK’s implementation of European law that continue to impact the rights of EU nationals living in Britain under the terms of the Brexit withdrawal agreement.
While the specific complaints date back to 2011, the latest legal action began in May 2020 with a request from Brussels for the UK to provide more information. The move came amidst intense scrutiny over the protection of the post-Brexit rights of an estimated 3.5 million EU citizens residing in the UK.
Growing Concerns Over Denial of Entry and Deportation Orders
In recent months, an increasing number of cases have emerged of EU citizens being denied entry at the UK border or facing deportation orders upon returning from holidays or family visits abroad. These incidents have raised alarm bells in Brussels over the treatment of EU nationals exercising their rights under the withdrawal agreement.
The Independent Monitoring Authority last month wrote to the Home Office raising concerns about the “certificate of application,” which is intended to provide EU citizens with evidence of their right to be in the country while their post-Brexit status is pending.
UK Government Downplays Legal Action as Starmer Seeks Reset
In response to the Commission’s decision, a UK government spokesperson sought to downplay the significance of the legal action, stating that the cases relate to issues from when Britain was still an EU member state and during the Brexit transition period. The spokesperson declined to comment further on the ongoing legal proceedings.
The development comes at a delicate time for EU-UK relations, as Labour leader Keir Starmer attempts to reset the relationship after years of tensions under previous Conservative governments. Key Labour ministers, including Chancellor Rachel Reeves and Foreign Secretary David Lammy, have held well-received meetings with their EU counterparts in recent months, although detailed talks on new agreements have yet to commence.
EU Insists on Faithful Implementation of Existing Agreements
Despite the warm rhetoric on both sides, the EU has remained firm on its red lines designed to protect the integrity of the single market, which were established at the outset of the Brexit negotiations. According to an internal EU document reviewed by sources, a “significant further reduction of trade frictions” would serve the interests of both parties but would require the UK to join the single market and/or customs union – a step the British government has ruled out.
The document, which summarizes diplomatic discussions held in Brussels over the autumn, also reveals that EU countries are insisting on a fisheries deal before agreements in other areas can be pursued. The current EU-UK fisheries arrangement, agreed as part of the broader trade talks in December 2020, is set to expire in June 2026.
Clash Over Youth Mobility and Migration Looms
Another potential stumbling block in the path to improved relations is the issue of youth mobility. The EU is keen to establish a “youth experience scheme” that would allow young people aged 18 to 30 to work, travel, and study freely across the UK and the 27 member states for several years. However, the British government has expressed opposition to any arrangement that could lead to increased inward migration without targeting specific skill shortages.
As the legal battle over EU citizens’ rights unfolds and divergent priorities come to the fore, the road ahead for EU-UK relations appears fraught with challenges. The outcome of the European Court of Justice case and the ability of both sides to navigate the complex landscape of post-Brexit cooperation will likely shape the trajectory of the relationship for years to come.
For the millions of EU citizens who have made their homes in the UK, the stakes could not be higher. As uncertainty continues to cloud their future, many will be watching closely to see whether the rights and protections enshrined in the withdrawal agreement will be upheld in practice.
As the UK and EU embark on this new chapter in their history, finding a path forward that balances national sovereignty with the need for close cooperation and the protection of citizens’ rights will be a defining challenge. The outcome will have far-reaching implications not only for those directly affected but for the future of Europe as a whole.
