EU Commission decides to refer the UNITED KINGDOM to the Court of Justice of the European Union for its implementation of EU law on free movement impacting the Withdrawal Agreement:
Today, the European Commission decided to refer the United Kingdom to the Court of Justice of the European Union (INFR(2020)2202 and INFR(2011)2054) for failure to comply with EU law on free movement of EU citizens and their family members at the end of 2020. The Commission considers that there were several shortcomings in the United Kingdom’s implementation of the Treaty on the Functioning of the European Union, which continue to affect EU citizens under the Withdrawal Agreement. This concerns specifically the right to move and reside freely within the territory of the Member States (Article 21 TFEU), the freedom of movement of workers (Article 45 TFEU) and the freedom of establishment (Article 49 TFEU), as well as the transposition of the Free Movement Directive (2004/38/EC).
The Commission sent a letter of formal notice to the United Kingdom in connection with INFR(2020)2202 in May 2020 and a reasoned opinion in July 2024 because the UK national legislation limited the scope of beneficiaries of EU free movement law. This case built on INFR(2011)2054, for which the Commission sent a letter of formal notice in June 2011 and a reasoned opinion in April 2012 and on which it continued exchanging with the United Kingdom until June 2024.
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 Commission, therefore, decided to refer the United Kingdom to the Court of Justice of the European Union.
Background
The Withdrawal Agreement allows the Commission to pursue an infringement case that it initiated before the end of the transition period in relation to UK law as it stood at the end of the transition period.
Part Two of the Withdrawal Agreement protects the residence rights of those EU citizens who exercised free movement rights in the United Kingdom at the end of 2020. This referral decision concerns breaches in the United Kingdom’s implementation of EU free movement law that are considered to be of continuing relevance to the exercise of rights applicable under the Withdrawal Agreement.
More information
- Infringements database
- EU infringements procedure
- Infringement procedure the United Kingdom (INFR(2020)2202 and INFR(2011)2054)
- December 2024 infringements package: key decisions
Source – EU Commission