IMA intervenes in Tribunal proceedings

The Independent Monitoring Authority for the Citizens’ Rights Agreements (IMA) has intervened in Tribunal proceedings.

The Upper Tribunal has found the EU Charter applicable under the Withdrawal Agreement in certain circumstances. The judgment is available to view here.

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.

This case, as with the ongoing Court of Appeal case in which the IMA is also intervening, raised issues as to the application of the Charter of Fundamental Rights of the European Union (“the Charter”) under the framework of the Withdrawal Agreement and EEA EFTA Separation Agreement (“the Agreements”). The hearing in relation to the issue of the Charter was heard on 15 and 16 November 2022.

The IMA intervened because it felt that it could assist in clarifying the underlying legal framework following the UK leaving the EU, particularly as to the framework through which the Charter is to now be viewed. The IMA notes the potential wide-reaching implications of any decision as to the Charter. The IMA also decided to intervene because its powers extend to EU, EEA and EFTA citizens and their family members, and so the IMA considered that it could provide strategic oversight to this particular litigation. You can read the IMA’s written submission on the Charter in full via our website.

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