IMA granted permission to intervene in Court of Appeal proceedings

The Independent Monitoring Authority for the Citizens’ Rights Agreements (IMA) has been granted permission to intervene in a case before the Court of Appeal.

The IMA was set up to ensure that public bodies uphold the rights of EU and EEA EFTA citizens, and certain members of their families, within the UK and Gibraltar.

The two conjoined Court of Appeal cases raised issues as to the application and extent of the Charter of Fundamental Rights of the European Union under the framework of the Withdrawal Agreement and EEA EFTA Separation Agreement (“the Agreements”) following the UK leaving the EU. One of the cases also raised the extent of protection for derivative rights of residence under the Agreements.

The IMA was granted permission to intervene in both cases. Although one of the cases has recently settled due to agreement between the Appellant and Respondent, the other case is proceeding with the IMA’s intervention. A skeleton argument was submitted by the IMA for its intervention in the case.

The IMA sought to intervene for two reasons. First, the IMA considers that it can assist the Court as to the meaning and effective of the international and domestic legal framework following the UK leaving the EU.

Secondly, the IMA noted the differing judgements of the lower Courts within the two cases as to the ongoing application of the Charter following the UK leaving the EU. The IMA considers that it can assist the Court as to the framework through which the Charter is to be viewed following the UK leaving the EU and notes the potential wide-reaching implications of any judgment on the Charter. For these reasons, this case is important for all rights contained within the Agreements and will provide clarity for citizens with these rights.

The IMA was granted permission to intervene on 21 September 2022.

The IMA encourages any citizen experiencing difficulties in exercising their rights to make them aware of this through the online portal. Further information about the IMA and guidance on how to report complaints can also be found on the IMA’s website.

Note

Since publishing this article the IMA was given permission to amend its skeleton argument. This page has therefore been updated with the amended argument.