EU issues stern warning to UK over Brexit commitments

London (Parliament Politics Magazine) – The European Union has cautioned the UK that it must fully apply the current Brexit deals on EU citizens and Northern Ireland before it will consider a reset in the ties with London.

What Are the EU’s Key Demands for Brexit Compliance?

A leaked document notified by the Financial Times details eight demands of the new Labour government to “demonstrate the real UK government commitment” to a good-faith reset of the connection with the EU.

EU leaders have stated they are “open-minded” about the future connection with the UK, and Germany has stated it is enthusiastic about a youth mobility deal. They have also introduced the possibility of a new EU-UK arrangement that could encompass deals on mutual recognition of professional credentials and other low-hanging fruit.

The document, reported by the European Commission and not diplomats, recalls the deep scars left by the previous government’s policy to the EU, with bloc sources telling the Guardian that the Brexit agreement itself was not up for renegotiation. The European Commission’s concerns were reportedly submitted by the EU vice-president, Maroš Šefčovič, at his first session with the new EU relations minister, Nick Thomas-Symonds, in Brussels two weeks ago.

What Changes Are Needed in the UK’s Home Office Procedures?

Brussels has specifically informed the UK it must adjust the Home Office’s procedure to EU citizens who had been in the UK for fewer than five years before Brexit. The government was successfully contested by the Home Office’s insistence that those with pre-settled status had to reapply for full fixed status once they had been in the country for five years.

How Does the High Court Ruling Impact EU Citizens’ Rights?

The high court judged that the government’s position was “unlawful”, and although the government has subsequently caused changes to its own rules on pre-settled status there are still question marks over the Home Office’s understanding of the withdrawal agreement deal on EU citizens. Last week it appeared that several county court rulings and a high court ruling earlier this month had revealed inconsistencies in local authorities’ procedure to the rights of EU citizens with pre-settled status to social welfare services.

It has now also appeared that Brussels is pressing ahead with a danger of legal action it first made against the UK government in May 2020. Last week, in a little-reported move, the European Commission issued the UK two months to respond to its problems over the treatment of EU citizens.

“The United Kingdom’s shortcomings in the implementation and transposition of EU free movement law risks therefore also affecting the implementation of the citizens’ rights under the withdrawal agreement after the end of the transition period,” it stated in an official document dated 25 July. “Otherwise the commission may decide to refer the case to the European Court of Justice,” it contended.

The commission had established infringement proceedings in May 2020 but last week put the UK on legal notice that “several points remain unaddressed, in certain elements concerning EU citizens or their family members (eg children in legal guardianship or extended family members) exerting free movement rights who should be beneficiaries of the withdrawal agreement”.