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Simon Cox @SimonFRCox
, 3 tweets, 1 min read Read on Twitter
Today’s CJEU order against #Poland was made by first woman to serve as court’s Vice-President, Judge Rosario Silva de Lapuerta - appointed this month curia.europa.eu/jcms/jcms/rc4_…
Personal note: Judge Silva de Lapuerta once accused me of having an “a la carte” approach to the Treaty. Possibly with justification...
There hasn’t been a female President yet.
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Thread. “Common Market 2.0” is much more honest about state legal powers under EEA to control FMoPeople.

But if’s still seriously false. 1/
Claim 1: EEA states can use “Safeguard Powers” to control FMoPeople. Unlike others, SM2 recognises key limitations: it’s an emergency power, and only regional or sectoral. 2/
SM2 *don’t* claim Safeguard clause could be used to actually stop people entering UK or taking up jobs. 3/
Read 28 tweets
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Migrants crossing Channel: not an actual crisis, but potentially a policy crisis for UK Gov. Or is it another lever for May’s Brexit deal? Thread 1/
A few hundred people have been caught trying to reach Kent coast from France in last few weeks. Mostly Syrians & Iraqis it seems. theguardian.com/global/2018/de… 2/
People in this situation usually claim asylum ASAP. It takes a total of couple of days of Home Office staff time for each individual’s paperwork, interview & decision. 3/
Read 16 tweets
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“Prevention” is what led to this (small number of) people risking their lives. But sure, let’s spend more money on that.
“Prevention” smashed up the Calais migrant town, where migrants had better chance of informed choices - where they could share info & be helped by informed NGOs.

Because immigration enforcers see info sharing as a threat, not a protection.
“Prevention” requires UK visas from people from countries where persecution is rife. So they can’t use regular planes, trains, boats or busses.
Read 4 tweets

Related threads

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CJEU, Christmas case law 🎄
New judgment on Silvio Berlusconi: clarifies whether national financial regulators or European Central Bank has jurisdiction to disqualify Berlusconi's shareholdings due to his tax fraud conviction: curia.europa.eu/jcms/upload/do…
CJEU, Christmas case law 🎄
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New AG opinion: clarifies whether Facebook or private company is responsible under data protection law for 'Like' button - also who can sue, whether there's legitimate interest in data processing, or customer consent
curia.europa.eu/jcms/upload/do…
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CJEU, irregular migration
New judgment: German government cannot enforce carrier sanctions on coaches carrying passengers across internal Schengen borders, as that would amount to a border check: curia.europa.eu/jcms/upload/do…
EU General Court, environmental law
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(But the opinion supports the merits of such rules in the interests of media pluralism)
Read 5 tweets
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CJEU, foreign policy and human rights
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Press release: curia.europa.eu/jcms/upload/do…
CJEU, tobacco regulation
New judgment (UK case): Revised EU law banning sale of tobacco for oral use (snus) is still valid: curia.europa.eu/juris/document…
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New judgment (not in English yet): inheritance tax exemption for bequests for sustainable forest management can't be limited to forests in the same Member State: curia.europa.eu/juris/fiche.js…
Read 3 tweets
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CJEU, EU penguin law 🐧
New judgment: Commission loses argument that only EU can sign up to Antarctic conservation measures - competence is shared with Member States. Press release (in French): curia.europa.eu/jcms/upload/do…
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CJEU: today's judgments now available in English
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2 Employment law: foster parents employed by public authorities are outside scope of EU working time directive: curia.europa.eu/juris/document…
Read 3 tweets
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CJEU, employment law and human rights I
EU working time directive holiday pay rights apply where worker dies before taking accrued holiday; also applies to private employer due to EU Charter of Fundamental Rights
Press release: curia.europa.eu/jcms/upload/do…
CJEU, employment law and human rights II
New judgments clarify when workers get EU working time holiday pay even if they did not apply in time - burden of proof on employer to show worker waived the rights. Also applies to private employers.
Press release: curia.europa.eu/jcms/upload/do…
Full text of judgments in two of these three cases now available in English:
1 curia.europa.eu/juris/document…
2 curia.europa.eu/juris/document…
Text of third case in German and French: curia.europa.eu/juris/fiche.js…
Read 4 tweets
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Just finished reading the Polish government’s non-paper on “judiciary regulations” revealed and critically analysed by @oko_press last Friday: oko.press/praworzadnosc-…

Thread (possibly long) to follow

#Poland #RuleofLaw #Article7
2/ My diagnosis in a nutshell: so-called "non-paper" is as ridiculously misleading as so-called “white paper” on so-called “reform” of Polish judiciary from last March



#TakingUsForFools (version 2.0)
3/ The silver lining: @TimmermansEU did not fall for so-called “changes” & “concessions” or "compromises" offered by Polish authorities which can be *at best* described as cosmetic or meaningless
Read 21 tweets

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