In a recent development, Brussels has issued a stern warning to the UK, emphasizing that the existing Brexit agreements concerning EU citizens and Northern Ireland must be fully honored before any reset in the relationship with London can be considered.
A confidential document outlines eight specific demands for the new Labour government.
These demands are intended to “demonstrate the real UK government commitment” to re-establishing a good-faith relationship with the European Union.
EU leaders have expressed an “open-minded” attitude toward the future relationship with the UK. Germany, in particular, has shown enthusiasm for a youth mobility deal.
Additionally, there are discussions about a potential new EU-UK agreement that could include mutual recognition of professional qualifications and other straightforward arrangements.
However, the document from the European Commission — distinct from diplomatic channels — reveals lingering distrust from the previous government’s handling of EU relations.
Sources within the EU have indicated to the Guardian that renegotiating the Brexit deal itself is not on the table.
These concerns were notably brought up by EU Vice-President Maroš Šefčovič during his initial meeting with the new EU Relations Minister, Nick Thomas-Symonds, in Brussels two weeks ago.
One of Brussels’ primary concerns is the UK’s Home Office’s approach to EU citizens who had been residing in the UK for fewer than five years before Brexit.
The UK government faced legal challenges over its insistence that those with pre-settled status must reapply for full settled status after five years.
The high court ruled this stance “unlawful,” prompting the government to amend its rules. Despite these changes, uncertainties remain regarding the Home Office’s interpretation of the withdrawal agreement concerning EU citizens.
Recent court rulings have exposed inconsistencies in local authorities’ treatment of EU citizens with pre-settled status, particularly regarding access to social welfare services.
EU Escalates Legal Pressure on UK
Additionally, Brussels is moving forward with a legal threat initially made in May 2020. Last week, the European Commission gave the UK a two-month deadline to address its concerns about the treatment of EU citizens.
“The United Kingdom’s shortcomings in the implementation and transposition of EU free movement law risk therefore also affecting the implementation of the citizens’ rights under the withdrawal agreement after the end of the transition period.
“Otherwise the commission may decide to refer the case to the European Court of Justice.”
European Commission
The infringement proceedings, initiated in May 2020, have now escalated with the UK being formally notified that “several points remain unaddressed.”
These include issues related to EU citizens or their family members, such as children in legal guardianship or extended family members exercising free movement rights, who should benefit from the withdrawal agreement.
The latest document also highlights the European Commission’s concerns about the UK’s certification of farm produce exported to the EU and the implementation of a pet travel scheme.
Moreover, the Commission is urging the UK to expedite a deal to provide the EU with data on the contents of parcels.
Brussels has also questioned the full implementation of the Northern Ireland trading arrangements agreed upon under the Windsor Framework.
“Since taking office, this government has been working to reset the relationship with our European friends, to strengthen ties, secure a broad-based security pact, and tackle barriers to trade. We’ve had very positive engagement in our early conversations and are committed to implementing the withdrawal agreement, including the Windsor Framework, in good faith protecting the UK internal market.”
Cabinet Office spokesperson
The European Commission responded, “The EU is committed to a positive agenda with the UK, based on the full respect, and the faithful and timely implementation of the withdrawal agreement, including the Windsor Framework, and the trade and cooperation agreement, which are the cornerstone for the EU-UK relationship.”
As the UK navigates these demands, the future of its relationship with the EU remains to be determined, hinging on its ability to meet the commitments outlined by Brussels.
