UK threat over ‘free movement breach’

BRUSSELS HAS launched legal action against the UK for its alleged failure to comply with European Union rules on free movement.

The European Commission sent a formal notice to the UK – the first stage of infringement proceedings – giving the Government four months to “address the shortcomings” it has identified. Infringement proceedings are launched when an EU country fails to implement EU law.

It can lead to the European Court of Justice imposing financial penalties.

The UK has failed to “comply with EU law on the free movement of EU citizens and their family members”, according to the infringement decision, served on Britain yesterday.

It states: “UK national legislation limits the scope of beneficiaries of EU free movement law in the United Kingdom as well as the possibilities for EU citizens and their family members to appeal administrative decisions restricting free movement rights.

“The commission considers that the United Kingdom has thereby 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 the United Kingdom “now has four months to take the necessary measures to address the shortcomings”. The Prime Minister’s official spokesman said: “We will look at what the EU has to say and will respond in due course.”

The UK formally left the EU on January 31 and is now in the transition period.