The European Commission has decided to take the UK government to court over alleged breaches of EU citizens’ rights, a move that threatens to complicate Keir Starmer’s efforts to improve post-Brexit relations.
On Monday, the commission announced it was referring the UK to the European Court of Justice for failing to adequately protect EU citizens’ rights following Britain’s exit from the EU in late 2020. According to the commission, the UK’s implementation of the Brexit withdrawal agreement contains “several shortcomings” that continue to impact EU nationals living in the UK.
The dispute stems from longstanding concerns, with similar issues surfacing as early as 2011. However, the current legal proceedings began in May 2020, when the EU requested further information from the UK. This came amid rising worries in Brussels about safeguarding the post-Brexit rights of around 3.5 million EU citizens residing in Britain.
There have been increasing reports of EU nationals being denied re-entry to the UK or facing deportation orders after trips abroad. Last month, the UK’s Independent Monitoring Authority flagged concerns to the Home Office over the “certificate of application,” which is meant to help EU citizens demonstrate their rights to employers, landlords, and healthcare providers while their residency status is under review.
Responding to the commission’s move, a UK government spokesperson stated: “These cases relate to issues from when the UK was an EU member state and during the transition period. We are not going to comment further on legal proceedings.”
While officials attempted to minimize the significance of the EU’s legal action, the case risks souring relations. The EU has emphasized that any progress on future agreements hinges on the UK’s “full and faithful implementation” of existing commitments.
Starmer has been working to rebuild the UK-EU relationship following years of Brexit-related tensions. Ministers such as Chancellor Rachel Reeves and Foreign Secretary David Lammy have held positive discussions with EU counterparts, though formal negotiations on new agreements have yet to commence.
Despite the goodwill, the EU has not relaxed its core principles, including safeguarding the single market. According to an internal EU document, reducing trade frictions significantly would benefit both sides but would require the UK to rejoin the single market or customs union—something the UK government has firmly ruled out.
The document also highlights EU nations’ insistence on a fisheries agreement as a prerequisite for broader cooperation. The existing EU-UK fisheries deal, established during the 2020 trade negotiations, is set to expire in June 2026. The EU views early consensus on fisheries as crucial to any meaningful reset in relations.
Another potential flashpoint is the proposed youth mobility scheme, which the EU deems essential for improving ties. This initiative would enable individuals aged 18 to 30 to work, study, and travel freely across the UK and EU member states for a limited period. However, the British government opposes any scheme that could increase migration without focusing on specialized skills.
While both sides remain open to reconciliation, significant obstacles remain in achieving a reset in EU-UK relations.
