EU threatens to take UK to court for failing to support free movement of people

Officials at the European Union in Brussels have threatened the UK with legal action over for a failure to fully apply EU rules on the free movement of people. The European Commission announced on Thursday that it had begun “infringement proceedings” against the UK. This is a formal process that can lead to countries being tried before the European Court of Justice if they do not correct errors in how they apply EU law. 

The complaints being made by the EU relate to a feeling that that Britain is too heavy handed in the re-entry bans it imposes on those it deports. The EU feels that the UK sets unfair restrictions on the rights of EU citizens’ family members to living in the UK, and that it makes it too difficult to claim jobseeker’s allowance. 

The Commission has said it “considers that there are several shortcomings in the United Kingdom’s implementation of treaty provisions on freedom of movement of EU citizens, freedom of movement of workers and freedom of establishment. These shortcomings have an impact on the current rights of EU citizens in the UK”. 

The reasoning that the EU has given for its concern relate to fears that weaknesses in how Britain applies the rules now could undermine the permanent guarantees built into the Brexit treaty. It has said “On substance, the commission is of the view that the UK has, over the last few years, limited the scope of beneficiaries of EU free movement law in the United Kingdom, as well as the possibilities for EU citizens and their family members to appeal administrative decisions restricting free-movement rights”.

Britain has four months to address Brussels’ concerns, otherwise the EU will give it a further warning. Failure to act then would lead to the case going before the ECJ, with the possibility that the UK could be fined for non-compliance just before it leaves the Bloc at the end of the year.  

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