Discover and read the best of Twitter Threads about #ecj

Most recents (7)

"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
I often agree with @EuroBriefing as I think he & colleagues offer some of the best insights on European politics. But the below is just unthinkable. Were the UK to unilaterally revoke Art.50, I'd bet a case would be put before the ECJ to stop this from happening.
Say UK stays in the #EU under Corbyn with the clear plan of triggering #Article50 a little down the line. What would a good EU lawyer do? She (because, let's face it, it would be a she 😉) would advice the EU institutions to bring the #UK before the #ECJ.
Why? Because, as a member-state, the UK would have breached Article 4 of the Treaty on European Union (TEU) which lays down something very boring called the "principle of sincere co-operation" between the EU member-states and the EU itself.
Read 6 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
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
Today, @CER_EU publishes my piece on #Brexit and #JHA. I have been looking at this for 1,5 years so I hope I did not make too many mistakes (links to piece - cer.eu/publications/a… and opens thread)
At the outset of the #Brexit process, most people assumed that a deal on #police and #judicial co-operation was easier to get than one on #trade. Time has shown this is not the case. Ongoing co-op on #JHA is one of the few items yet to be agreed on #withdrawal deal. Why?
Well, because the #EU and #UK's opening positions in the #negotiation are incompatible: Britain wants a #bespoke agreement with the EU, a la #Schengen, but is not willing to accept #ECJ or #EUCharter. EU wants to replicate existing models. What to do?
Read 10 tweets

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