The European Commission will play the same role on behalf of EU Member States with regard to UK citizens living in the EU. Like the Commission, the JAI will have the power (but not the obligation) to conduct investigations at the request of the Secretary of State, the Ministers of the decentralised zones or complaints from persons falling within the scope of the agreements. It can also launch its own requests. The IMA also has the power to intervene in judicial proceedings and to apply for judicial review (in Scotland, the jurisdiction of the Court of Session). If the application is successful, EU citizens will be granted either settled status (granting a right of permanent residence) or pre-settled status (stay of less than 5 years). Failure to comply with the system could lead to expulsion. The VA grants a right of appeal against decisions limiting the right of residence. 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 VA citizens` rights provisions set out a framework for the continued legal residence (and related rights) of EU citizens residing in the UK and UK nationals residing in the EU at the end of the transition period (or "implementation"). Individuals can rely directly on the VA to assert their rights. .