The European Commission has decided to send a reasoned opinion to the UK regarding its breach of EU law on the free movement of EU citizens and their family members.
The Commission considers that there have been several deficiencies in the UK’s implementation of the Treaty on the Functioning of the European Union, which continue to affect EU citizens under the Withdrawal Agreement setting out the conditions for the UK’s orderly withdrawal from the European Union, in accordance with Article 50 of the Treaty on European Union.
In particular, glaring deficiencies are noted in relation to the right to move and reside freely within the territory of the Member States (Article 21 TFEU), the free movement of workers (Article 45 TFEU) and the freedom of establishment (Article 49 TFEU), as well as the transposition of the 2004 Free Movement Directive.
The Commission noted that several points of the Withdrawal Agreement concerning EU citizens or their family members (for example, children under legal guardianship or extended family members) exercising free movement rights, who should also be beneficiaries of the Withdrawal Agreement, remain unresolved.
The United Kingdom now has two months to respond and take the necessary measures, otherwise the Commission could choose to refer the matter to the Court of Justice of the European Union.
