Dublin Times

Sovereignty, Pride, and Independence
Thursday, Feb 26, 2026

EU Takes Legal Action Against UK Over Allegedly Neglected Rights of EU Citizens

Litigation Rises as Brussels Challenges Post-Brexit Treatment of 3.5 Million EU Nationals in the UK
In a significant step that underscores lingering tensions between the European Union and the United Kingdom, the European Commission has initiated legal proceedings against the UK at the European Court of Justice.

This move highlights allegations of Britain failing to adequately safeguard the rights of EU citizens residing on its soil, a central tenet of the Brexit withdrawal agreement.

The announcement, made by the commission on Monday, could complicate UK Labour leader Keir Starmer’s ambitions to reset post-Brexit relations with Europe.

While efforts are underway to mend ties, this development injects a note of friction that casts a shadow over renewed diplomatic overtures.

At the heart of the commission's complaint are 'several shortcomings' in how British authorities have implemented European law, adversely impacting EU citizens' rights since the UK's formal separation from the union in December 2020.

The EU’s decision builds upon a series of grievances registered in 2011, which came to a legal head in May 2020, intensifying scrutiny around the status of over 3.5 million European nationals navigating the UK’s post-Brexit regulatory landscape.

One notable flashpoint has been the 'certificate of application' issue, highlighted by the UK’s Independent Monitoring Authority.

This document is intended to assure employers, landlords, and the NHS of an EU citizen's legal residency status while their permanent status is pending.

However, numerous instances have surfaced where EU nationals faced denial of entry or deportation upon re-entering the UK from abroad, magnifying the sense of uncertainty overshadowing their living conditions.

The British government, for its part, has deflected the EU's legal challenge as an echo from the past, tied to policies during the transition period post-Separation.

However, officials remain tight-lipped, refraining from further public commentary on the proceedings.

In the broader context, this court case could impede progress on pressing UK-EU collaborative agendas.

The EU has made it clear that future agreements hinge on what it perceives as the UK's 'full and faithful implementation' of existing pacts.

Starmer’s administration is seeking an amicable realignment with the EU, underpinned by promising dialogues between key ministers like Chancellor Rachel Reeves and Foreign Secretary David Lammy with their European counterparts.

Yet, despite this diplomatic thaw, the overarching EU framework remains rigid, steadfastly defending policies conceived to support the integrity of its single market.

This includes stipulations for broader economic integration, such as the UK’s potential re-entry to the single market or customs union—steps Downing Street has resolutely ruled out.

Moreover, ongoing diplomatic documents reveal entrenched EU demands like a fisheries agreement, embedded in the 2020 trade talks and due for renewal in 2026, as a prerequisite for progress in other domains.

Additionally, the EU’s ambition for a comprehensive youth mobility scheme to enhance cultural and educational interchange remains at odds with the UK’s migration policy, signaling continued geopolitical tension.

Ultimately, with stakes high and national sovereignty at play, both the UK and the EU must navigate these legal and diplomatic waters with caution, balancing national interests against the burgeoning need for cross-channel cooperation.
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