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How will Brexit affect the rights of Brits in Italy? What we know so far

What does the re-election of Boris Johnson's pro-Brexit government in the UK mean for British citizens living in Europe? Citizens' rights group British in Italy breaks down what rights Brits can expect to keep, and which ones they'll lose.

Published: 16 December 2019 10:57 CET
How will Brexit affect the rights of Brits in Italy? What we know so far
Under the Conservatives, the UK is set to exit the EU in early 2020. Photo: Ben Stanstall/AFP

The re-election of the Johnson government with a substantial majority effectively guarantees that the UK will leave the European Union on February 1st next year with an agreement with the EU.

Whatever our personal views about this outcome, the fact that a No-Deal exit is virtually ruled out now is a big relief. The Citizens' Rights part of the Theresa May Withdrawal Agreement remains unaffected by the Johnson renegotiation and will now form the basis upon which those of us living in Italy will continue to do so after January.

REMINDER: What the Brexit deal means for Brits in Italy

Most of us have been so worried about No Deal that we have forgotten the details of the Withdrawal Agreement. In short, from February until the end of December there will be a transition period during which our rights remain largely unchanged.

Unless the transition period is extended (which Johnson has promised he will not ask for), from January 2021 the detailed provisions of Part 2 of the Withdrawal Agreement will come into effect. These preserve most of our EU rights in Italy except for 'freedom of movement' – that is, our current right to move freely around the EU to live, work or study.

The other important right that is not preserved in the Withdrawal Agreement is that of the existing 'family reunion' right to return freely to the UK with our non-British families.

OPINION: 'Nothing can stop Brexit now, we will all feel foreign on February 1st'


Photo: Vincenzo Pinto/AFP

However, those of us who are legally resident here at the end of the transition period will keep our rights in Italy to reside, to work or run a business, our right to healthcare (including the S1 scheme) and social security, to aggregation of pension contributions made in several countries and to the recognition of any professional qualifications for which a recognition decision is made before the end of transition.

British in Italy has pressed for an early announcement by the Italian government on how these rights will be implemented.

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Most of the decreto Brexit which was passed earlier this year will not come into effect as it only applied in the case of No Deal. The one exception to this concerns applications for citizenship: the provision of the decreto which entitles UK citizens who have four years' residence at the date of Brexit – as opposed to the ten years required of third-country nationals – and who satisfy the criteria for Italian citizenship to apply at any time before the end of 2020 will still apply. 

However, both affected UK citizens and officials at all levels of the public administration do now urgently need a clear statement on how in practice our Withdrawal Agreement rights are to be protected in this country and what steps we need to take to ensure that we get them. There are less than seven weeks before this new regime comes into force.

Find more information and support from British in Italy on their website or Facebook group.

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DRIVING

EU countries to extend range of offences foreign drivers can be fined for

The EU has agreed to extend the number of driving offences for which motorists from other member states can be fined for and to make it easier for authorities to chase up the fines and make foreign drivers pay.

Published: 13 May 2024 17:28 CEST
EU countries to extend range of offences foreign drivers can be fined for

In the last voting session of this term, in April, the European Parliament passed new rules to ensure drivers who breach local traffic rules in another EU member state are found and fined.

The cross-border enforcement (CBE) directive was first adopted in 2015 after it was found that non-resident drivers were more likely to commit speeding offences. The European Commission estimated that in 2008, foreign drivers accounted for about 5 percent of road traffic in the EU but committed around 15 percent of speeding offences.

The directive partially improved the situation, but according to the Commission 40 percent of traffic violations committed in other EU countries are still unpunished “because the offender is not identified or because the fine is not enforced”.

In March 2023, the Commission therefore proposed updating existing measures.

New rules extend the type of offences that will trigger assistance from another member state and seek to improve collaboration among national authorities to identify and fine offenders.

The European Parliament and Council agreed in March on the final text of the directive, which is now being formally approved by the two institutions.

André Sobczak, Secretary-General at Eurocities, a group representing European cities in Brussels, said: “While the final outcome of the discussions is not ideal, we are pleased that EU policymakers have at least put the issue of the enforcement of local traffic rules on foreign vehicles on the table. As we approach an election year, I believe such a practical example can demonstrate why a European approach is necessary to address local issues.”

Which traffic offences are covered?

The previous directive covered eight driving misconducts that would require member states to cooperate: speeding, not wearing seat belts, failing to stop at a red traffic light, drink-driving, driving under the effect of drugs, not wearing a helmet (motorcycles / scooters), using a forbidden lane and using a mobile phone or other communication devices while driving.

The Commission proposed to add to the list not keeping a safe distance from the vehicle in front, dangerous overtaking, dangerous parking, crossing one or more solid white lines, driving the wrong way down a one way street, not respecting the rules on “emergency corridors” (a clear lane intended for priority vehicles), and using an overloaded vehicle.

The Parliament and Council agreed to these and added more offences: not giving way to emergency service vehicles, not respecting access restrictions or rules at a rail crossings, as well as hit-and-run offences.

Despite calls from European cities, the new directive does not cover offences related to foreign drivers avoiding congestion charges or low emission zones. In such cases, information about vehicle registration can only be shared among countries with bilateral agreements.

Karen Vancluysen, Secretary General at POLIS, a network of cities and regions working on urban transport, called on the next European Commission to take other local traffic offences, such as breaches of low emission zones, “fully at heart”.

Collaboration among national authorities

For the traffic violations covered by the directive, EU countries have to help each other to find the liable driver. The new directive further clarifies how.

Member states will have to use the European vehicle and driving licence information system (Eucaris) to get the data of the offender.

National authorities will have 11 months from the date of the violation to issue the fine to a vehicle from another EU member state. However, they will not have to resort to agencies or private entities to collect the fine. This was requested by the European Parliament to avoid scams or leaks of personal data.

Authorities in the country of the offender will have to reply to requests from another EU member state within two months.

When the amount of the fine is more than €70, and all options to have it paid have been exhausted, the member state where the violation occurred can ask the country of the offender to take over the collection.

The person concerned will be able to request follow-up documents in a different official EU language.

When will the new rules will be enforced?

Now that the EU Parliament has passed the law, the EU Council has to do the same, although there is no date set for when that will happen. Once the directive is adopted, EU countries will have 30 months to prepare for implementation.

Last year the Commission also proposed a new directive on driving licenses, but negotiations on the final text of this file will only take place after the European elections.

This article has been produced in collaboration with Europe Street news.

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