On Thursday 14 May, the European Commission launched an infringement proceeding against the United Kingdom, a Member State which has been inactive since 1 February, but which is nevertheless obliged to respect its obligations also during the transition.
This procedure - a letter of formal notice - concerns non-compliance with EU legislation on the free movement of EU citizens and their family members.
According to the Commission, UK national legislation limits the number of beneficiaries of EU free movement legislation in the UK and the possibilities for EU citizens and their family members to appeal against administrative decisions restricting free movement rights.
The Commission therefore considers that the United Kingdom has breached the Free Movement Directive 2004/38/EC as well as EU rules on freedom of movement of EU citizens (Article 21 TFEU), freedom of movement of workers (Article 45 TFEU) and freedom of establishment (Article 49 TFEU), it says in a statement.
“EU law on free movement of persons continues to apply to and in the United Kingdom as if it were still an EU Member State during the transition period”, the Commission recalls, stressing that the rights currently in place will remain for EU nationals after the final exit from the country at the end of the transition period.
Hence the importance of addressing now the shortcomings which risk “also affecting the implementation of the citizens’ rights under the Withdrawal Agreement after the end of the transition period.”. This period is supposed to end on 31 December, as London has yet to request an extension.
The EU and London are meeting this week for a new round of talks on their future relationship. (Original version in French by Solenn Paulic)