It also protects family members who enjoy rights under EU law (such as current and registered spouses, parents, grandparents, children, grandchildren and someone with an existing permanent relationship) in order to follow their family members in the future. 117.The Withdrawal Agreement provided for the establishment of the Joint Committee to monitor the implementation of the VA. The Joint Committee consists of six specialised committees, one of which specifically addresses issues relating to citizens` rights. These committees began their work during the transition period and meet several times.182 The VA authorizes either a “declaratory” or a “constitutive” system for verifying a person`s rights. The system set up by the United Kingdom – the EU Settlement System (“EUSS”) – is “constitutive”. This means that individuals must make a successful application to the EUSS in order to obtain the protection set by the VA. (For the sake of simplicity, we refer to the VA, collective agreements, and if we refer to the EU, we are not only talking about the EU27, but also Switzerland and the EEA-EFTA countries). Article 158 of the VA provides that UK courts may be subject to the Court of Justice of the European Union (ECJ) for eight years after the end of the transition. If such a reference is made, the ECJ`s interpretation of the relevant provision is binding.
That is what clause 5 of the act provides. The courts of the United Kingdom may refer preliminary questions to the Court of Justice of the European Union on the interpretation of the citizen part of the Withdrawal Agreement for a period of eight years from the expiry of the transitional period. This eight-year period began on March 30, 2019. 116.The UK will leave the transition period at the end of 2020 and organise its future outside the European Union with its own independent immigration policy. On 1 January 2021, there will be changes that are sometimes quite fundamental for citizens across Europe. For EU citizens in the UK, they still have six months to apply for Settled status. This could coincide with the increase in complex cases and the consequences of a digital system on the demonstration of their status. For UK EU nationals, thousands of people could consider a new application procedure in order to obtain a status that protects their rights in the country they thought was their homeland.
The need to study the effects of these changes has not diminished and, in fact, is likely to increase. 123.As we have seen this year, the Joint Committee – together with representatives of the British Government and the European Commission – is a powerful and influential body. Together with its specialised committees, it will play an important role in implementing the elements of citizens` rights in the Withdrawal Agreement. Unfortunately, its internal work is not transparent. This makes it difficult to understand what he has to decide or the outcome of those decisions. We believe that this is totally insufficient. There must be a better formal structure of parliamentary scrutiny of the Joint Committee and we intend to return to the issue of its transparency in the future. In December, Britain and the EU struck a deal that does. This fair deal means that EU citizens and UK nationals will enjoy their rights so they can continue to live their lives as they do today. The IMA is funded by the Ministry of Justice.
Non-executive members of the IMA are appointed by the Secretary of State. They must ensure “to the extent possible” that members who are aware of the conditions in Scotland, Wales, Northern Ireland and Gibraltar, which are relevant to the civil rights part of the VA. The bill provides for an approval process involving ministers in decentralized governments, but their disagreement does not automatically block appointment. . . .