Discover and read the best of Twitter Threads about #ECJ

Most recents (24)

#BREAKING Poland, Hungary lose on rule-of-law conditionality in top EU court Image
#UPDATE The EU's top court has rejected a challenge by Poland and Hungary to a mechanism allowing Brussels to slash funding to member states that flout democratic standards Image
#UPDATE In its judgment, the ECJ said that all EU member states had signed up to the bloc's "common values... such as the rule of law and solidarity" and that the European Union "must be able to defend those values"
u.afp.com/wMcf
Read 4 tweets
THREAD-Reclaiming EU Citizenship @EU_Justice legal cases
24 Feb 09.00, Advocate General, Luxembourg, will give legal opinion on restoration/maintenance of citizenship & derived rights of British citizens (initially those living legally in @EU) post #Brexit @EUBritizens #ECJ..2
UNDER WHAT LEGAL RIGHT?

Following precedents within @EU_Justice & International Court of Justice, legal heritage to European citizenship must be likened to a real nationality in its own right, conferring all the rights and duties required of citizens...3
This implies that the link of each individual European with @EU is as strong as their link with the Member State of which they are a national. Having exercised treaty rights, the principles of legal certainty & legitimate expectations prevent European...4
Read 14 tweets
"An overview of national top courts challenging the supremacy of EU law"
By @pietercleppe:
brusselsreport.eu/2021/10/12/an-…
#EUlaw @EUCourtPress #Poland #CJEU #ECJ
"Over the years, there have been several other EU member states where top courts have challenged the superiority of EU law."
"In Poland, the Constitutional Court already ruled in 2005 that “while EU law may override national statutes, however, it does not override the Constitution""
Read 16 tweets
.@sundarpichai could've known Google was acting abusively, given he blogged about similar @Microsoft conduct in 2009.

That's the nub of @EU_Commission response to @Google claim that the 4.34bn fine over Android contracts was 'novel.'

This p.m. at #ECJ, it was all about money/1
Google took on the "staggering" antitrust fine in its pleas today, saying it should have been less (or zero) given it couldn't have known that EC would hit an open platform like this.

EC said: the case was about tying software to operating systems. You knew about that already/2
In fact, @sundarpichai had blogged about @Microsoft doing that with its browsers. So, come on guys, it wasn't out of the blue for you.

Here's the blog post: publicpolicy.googleblog.com/2009/02/browse…
/3
Read 4 tweets
Most of the Google #antitrust hearing this morning has been about #camembert.

Let me explain.

The court is looking at Google/phonemakers agreements to share revenues from search pre-installed on devices - known as RSAs.

EC thinks these excluded rivals & broke the law/1
Google says these are (a) not exclusive because other services can get on the handset; (b) the RSAs cover such as small slice of the market that they had no exclusionary impact.

So, it comes down to "coverage."

EC says that coverage might be small but it's crucial for rivals/2
They could use that to got a "foothold" on the market &then grown with the booming mobile market to challenge Google.

Danish judge then starts talking about "camembert." He says the RSAs covered a "small slice" of the entire cheese. The rest of the cheese is search on PCs../3
Read 5 tweets
Google kicks off its hearing with a full swipe at EC. Says "closed its eyes" to competitive dynamic between Android and Apple; and EC confused competitive advantage with "anticompetitive foreclosure." Lawyer Meredith Pickford talks up massive "success" of Android #ecj #antitrust
Pickford says EC got the market definition wrong, by excluding Apple. Furthermore, EC didn't look at developers/users, and only looked at OEMs. In fact, Google was a "market disruptor", he claims.
Google now swinging at the MADA: saying EC muddled competition with foreclosure; and failed to account for the ease of downloading. (The world of downloading is different now to when the EC fined Microsoft in 2004)
Read 3 tweets
@EUProsecutor
.@CourdeCassation
1/21
Rapport de D.KΟURKOULAKOU contre les:
-Emmanuel #Macron
PDR/SCP/BCP/BR/B087460
-#EdouardPhilippe
CAB/2018D/21271-AL
-N.#Belloubet -P.Poirret
PP/MBM/2018/00193
qui cachents le testament de Theodossia
#ECJ #ECHR #EPPO
#Francais #CourdeCassation
2/21
Concerne la recherche du testament de Theodossia.., dont les clauses je suis bénéficiaire. Il concerne aussi l’État #Francais, puisque la mission qui m’a été confiée par le testament est de fonder une institution d’utilité publique à #Paris.
#ECJ #ECHR #EPPO
#CourdeCassation
3/21
Le 21 Juillet 2018 j’ai envoyé un rapport d’un total de 700 pages avec les preuves jointes par lequel je dénonçais des Procureurs (M. Robert GELLI procureur général près la Cour d’appel d’Aix-en-Provence REF:DA2017/2342LO4,
#ECJ #ECHR #EPPO
#Francais #Paris #CourdeCassation
Read 21 tweets
The increasingly thorny issue of data transfers after Brexit | UK in a changing Europe

“The flow of data is vital for the UK and EU economies. In 2018, the value of the data economy was estimated to be £301 billion, or 2.4% of EU GDP.”

What about the UK? ukandeu.ac.uk/the-increasing…
The Commission estimates that by 2025 its value will increase to €829 billion or 5.8 percent of EU GDP.

The UK has the largest internet economy as a proportion of GDP within the G20, reflecting the centrality of data to most goods and services trade.
An interruption in data flows would therefore be costly.

Very costly.
Read 7 tweets
Sobre las consecuencias (severas!! emho) para la legislación penal española LECRIM y Ley25/2007 de la STJUE Asuntos C-623/17 y otros #Privacy #ECJ #PersonalData #PrivacyProtection #DataRetention #NationalSecurity (C-511/18,C-512/18,C-520/18 & C-623/17), abro un breve HILO:👇👇
Tras los atentados terroristas cometidos en Madrid y Londres, la UE estimó que una manera de combatir y perseguir eficazmente el terrorismo y el crimen organizado era mediante la retención de datos de telecomunicaciones...
....para facilitar la prevención, investigación y enjuiciamiento del terrorismo y de otras formas de delincuencia grave. Se aprobó la Directiva 2006/24/CE sobre conservación de datos, muy criticada desde su origen.
Read 21 tweets
Tracing the mastermind behind #BVerfG judgment isn't easy. But the judgment draws & quotes heavily from a thoughtful article by Mark Dawson&Ana Bobic @thehertieschool published 2019 in CMLReview

Their criticism became punchline of the #BVerfG ruling against #ECB & #ECJ. Thread
First, Dawson/Bobic criticized that #ECJ already in its #OMT judgment had poorly assessed the evidence provided by #ECB to support OMT

Just as #BVerfG had previously criticized OMT & now argues that ECJ assessment of #PSPP is methodologically flawed (para. 137 of judgment)
...then they point at poor #ECJ analysis of possible alternatives to #PSPP. ECJ should have checked for measures with less burdensome economic side-effects.  

#BVerfG picked up this point in paras 139ff arguing that ECJ unproportionality test is insufficient
Read 7 tweets
[THREAD] The emergency law passed in #Hungary is another step in #Orban’s plan to get rid of #democracy and #RuleofLaw. Here are 5 things the #EU could do to help Hungarians restore their democracy. Tools are there, just not being used.
/1
1 - Use the stick. #Orban’s emergency law violates EU rules in at least two ways, which could allow the @EU_Commission to open infringements and bring #Hungary before the #ECJ.
/2
The threat of imprisonment will dissuade media outlets, journalists and activists from working in and on #Hungary. That violates EU rules on freedom of establishment and freedom to provide services, as well as fundamental rights – incl. freedom of expression and information.
/3
Read 15 tweets
NEW: The UK publishes its approach to negotiating the future #UK - #EU relationship gov.uk/government/pub… UK already saying that it wants a "Canada", "Korea" or "Japan" style relationship and wants to be seen as a "sovereign equal". None of this likely to fly anywhere...
Here is the document itself with some key bits highlighted (thread) assets.publishing.service.gov.uk/government/upl…
Point 5: "relationship between sovereign equals" is - although UK Gov entitled to say this - delusional. #UK much smaller than #EU and more exposed to EU economically than vice-versa. Sovereignty argument coming through strongly here.
Read 24 tweets
The Sovereignist viewpoint is flawed. The #ECJ and the #EU concern themselves with the "health" of the judiciaries in Member States because they are part of an EU-wide network that needs safeguarding in the interests of ALL EU citizens. bit.ly/2pIA56V
Article 19 of the Treaty of the European Union does not only set up the #ECJ as the forum for interpretation and application of Treaty law - it also enlists all the national courts in all member states as part of a network guaranteeing uniform and equal application.
The EU is not "hindering" a Member States' sovereignty by examining the rule of law worthiness of its judiciary. Rather, it is acting in the interests of all the citizens of the Union, including those of the MS under scrutiny - by ensuring that they continue to have access to ...
Read 4 tweets
@JolyonMaugham Thanks Jolyon. Just a few quick points, some of them obvious. 1/
@JolyonMaugham #Brexit has taken us into uncharted waters. (Who would have thought that a UK PM would ever prorogue #parliamentt and threaten the #ruleoflaw This means that by definition there is no precise precedent to guide us. 2/
@JolyonMaugham Furthermore legal provisions such as #Article50 may be vague and their text offer little direct guidance. The law ultimately may be uncertain until pronounced upon by a Court such as the #ECJ 3/
Read 13 tweets
Zentrale Punkte von #EuGH-Entscheidung in Sachen "Metall auf Metall" lt. Pressemeldung:
- "Freie Benutzung" von §24 UrhG widerspricht EU-Recht
- Musikfragmente nicht vom LSR für Tonträgerhersteller geschützt
- Sampling kann unter das Zitatrecht fallen

curia.europa.eu/jcms/upload/do…
Was das für den konkreten Fall bedeutet, traue ich mir zumindest auf Basis der Pressemeldung nicht zu beurteilen. Mehr dann später auf Basis des Entscheidungstextes bei @netzpolitik.
@netzpolitik Und hier jetzt das #EUGH-Urteil in der Rechtssache C‑476/17 ("Metall auf Metall") im deutschen Volltext: curia.europa.eu/juris/document… #ECJ
Read 3 tweets
Mega #ECB thread- bear w me:)

Thursday’s mtg is shaping up to be an extremely important one

Most analysts expect #Draghi to tilt further dovish & indicate a “package of measures” for Sep but not act YET
Why wait? 1/ Fed first 2/ New projections in Sep 3/ Hv to agree on package
Reminder: what are ECB’s tools? ⚒:
- forward guidance (currently calendar based)
- rate cuts
- QE (sovereign, agencies, corporates)* I’ll come back to this point
- bond re-investments (ppl often forget this one)
So... What’s priced?
- Market is pricing in 3bps cuts July, 13bps in Sep

What about QE? *tougher to estimate
- Barclays compare mkt reaction post Whatever It Takes to post-Sintra (not really 🍎 to 🍏 but ok) : strong rally already in periphs ; look at BTPs & 5y5y infl 👀
Read 9 tweets
"The [#ECJ] has ruled that a revocation should be "unequivocal & unconditional", suggesting that the ECJ would take a dim view of any attempt to [#RevokeArticle50] & then resubmit it..." But @joannaccherry says we can resubmit if we act in good faith. bbc.co.uk/news/uk-politi…
Here's a thread with several links to what @joannaccherry has said in the House of Commons about our unilateral sovereign right to #RevokeArticle50 and perhaps to resubmit later if we so choose:
There is a massive irony in this whole question. #Brexit was seen as a way to 'free' a 'subject' UK from the #EU. But #Article50 recognizes that each member state of the EU is an independent state with a sovereign right to decide in its own constitutional way to leave the EU.
Read 7 tweets
We have reached the end of the road with this Tory disaster, this quantum of #Brexit created & destroyed by & for Tories, a Frankenstein Brexit which now should tear to pieces the party that made it. Schrödinger's Brexitstein Monster, the movie. But what should @UKLabour do now?
First, it is really important for all of us in every party to know what Brexiters & #TheresaMay hoped we never would know: we were able to trigger this #Brexit attempt to become independent because by the terms of the TEU we were in fact independent & free to use #Article50.
As @joannaccherry has insisted in Parliament (something also said almost in passing by Kenneth Clarke), we can #RevokeArticle50 now to avert a disastrous #NoDealBrexit. That doesn't have to be the end of Brexiter hopes. It gives us the time that we need to reflect & rethink.
Read 12 tweets
Today, AG Szpunar of the #ECJ suggested that the Court (which now has to decide this case) should limit the scope of the right to be forgotten to the EU.

Opinion seems so far only to be available in French. Overview and some thoughts below 👇
Here is an overview of the facts & questions in this case:
law.ox.ac.uk/business-law-b…

Reminder: this case involves the interpretation of the Data Protection Directive, not the GDPR!
The AG starts his opinion by suggesting that there should be only a 'European right to erasure'
Read 12 tweets
🚨 Break: ECJ rules that a member state can unilaterally revoke Article 50
Withdrawing notification of exit is a "sovereign decision" of a member state. Press release of the #ECJ is sparse on details - full judgement will be coming up Image
Full ECJ judgement doesn't offer much more. No reference to "good faith" arguments of the Advocate General about when unilateral revocation should be considered valid. Also makes short work of EU institutions argument that mechanism could be open to abuse curia.europa.eu/juris/document…
Read 3 tweets
It's Article 50 day at #ECJ (9am CET). EU legal eagles fear judges will - in principle - back a member state unilaterally revoking the exit clause but lay out conditions which might constitute "abuse" of the mechanism. Reverse QMV was suggested by ECJ president 2 weeks ago...
Might not be quite the EU's constitutional "Marbury v Madison" moment this morning but will go some way to fill the "textual vacuum" of Article 50 identified by ECJ president
EU diplomats not best pleased with the #ECJ getting its hands dirty with a ruling 13 days after a hearing and on the eve of UK's meaningful vote. One ambassador says he was "surprised" but doesn't think a UK revocation is a conceivable option *right now*
Read 3 tweets
🚨🚨Wow. The ECJ's advocate general issues opinion saying article 50 can be unilaterally revoked. Not a final ruling but will boost anti-Brexit campaigners Image
Advocate General says a unilateral revocation of Article 50 should be considered valid as long as the leaving country formally "notifies the
European Council and it does not involve an abusive practice"
Worth noting that EU Council lawyer types this week were warning that they didn't think the Advocate General would be a good indicator of what ECJ judges finally rule on Article 50. Will be more so the case after today
Read 8 tweets
From 9am, ECJ judges will be hearing cases for and against the UK unilaterally withdrawing its Article 50 notice. Chances are stacked against the anti-Brexit campaigners ft.com/content/a54cf3…
Case begins for the unilateral A50 supporters who want to take back control of the exit clause. Campaigners are pushing back against the Brits, the EU Commission and the EU Council
A key argument against cancelling Article 50 is that it would encourage EU governments to trigger "tactical" exits and withdraw them whenever they like. Supporters say it is purely "hypothetical" and shouldn't stop ECJ judges ruling in their favour
Read 36 tweets
001/ [article content in this tweet series 001-180 reproduced with permission from Martin Howe QC of Lawyers for Britain @lawyers4britain]
#quote "Leaving the EU on WTO terms: pulling down the barriers to world trade
Introduction: why prices will FALL after Brexit, not rise" /002
002/ #quote "Over the past couple of weeks, the media have been full of lurid scare stories about what will happen if the UK leaves the EU on WTO terms, because negotiations with the EU do not result in a withdrawal agreement." /003
#tariffs #NoDeal #Brexit #WTO #ProjectFear #shortages #food #medicines
003/ #quote "One of the most ridiculous and UNJUSTIFIED of these absurd scare stories is that it will lead to higher prices, and even shortages, of foods and medicines." /004
Read 180 tweets

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