PRACTICE DIRECTION – CLAIMS RELATING TO EU AND EEA EFTA CITIZENS’ RIGHTS UNDER PART 2 OF THE WITHDRAWAL AGREEMENT AND PART 2 OF THE EEA EFTA SEPARATION AGREEMENT

Introduction

1.1 The international treaties governing the United Kingdom’s withdrawal from the European Union (the Withdrawal Agreement and the EEA EFTA Separation Agreement), provide for certain rights including—

• residency rights,
• the right to work and be self-employed,
• recognition of certain professional qualifications,
• the right to co-ordination of social security, and
• rights of non-discrimination on the grounds of nationality and equal treatment.

Scope and Interpretation

1.2  This Practice Direction applies to any proceedings in which a citizens’ rights issue arises.

1.3  A ‘citizens’ rights issue’ is an issue relating to rights arising under—

• Part 2 of the Withdrawal Agreement; or
• Part 2 of the EEA EFTA Separation Agreement.

Notice of proceedings

2.1  When a party serves a statement of case which raises a citizens’ rights issue, that party must send a copy of the statement of case to the IMA at the same time.

2.2  Notice under paragraph 2.1 should be sent either –

(a) by email; or

(b) in hard copy to—

The Independent Monitoring Authority for the Citizens’ Rights Agreements
3^rd Floor, Civic Centre
Oystermouth Road
Swansea
SA1 3SN

2.3   In the event of non-compliance with paragraphs 2.1 and 2.2—

(a)  the court will consider whether any order should be made or any step taken; but (b) any such order or step must not involve any sanction (including any stay, dismissal or striking out) or costs penalty or other costs order against the relevant or other party.