Steve Peers Profile picture
Jan 21, 2019 23 tweets 10 min read Read on X
1/ Normally I do threads on official documents like legislation, or think tank papers, but today I have been asked to debunk viral online claims about the scary "Lisbon treaty 2022".

Tl;dr: it's bat****
2/ Here are the main claims being made. Different versions make different further claims; I will get back to them.

First, notice that there's no link to the Scary Lisbon Treaty 2020, or quotes from the text.
3/ The actual Lisbon treaty was signed in 2007 and came into force in 2009. There have been no major amendments since. It makes no reference to "2020" or "2022".
4/ As for no abstentions or vetoes, the words "unanimous" or "unanimity" appear in the Treaties as revised by the Lisbon treaty over 100 times. Vetoes are retained for issues like tax, accession of new Member States, and Treaty amendments, including removal of vetoes.
5/ Abstentions still exist too: under the foreign policy rules, in general for the European Council and the Council, and as regards possible sanctions for breach of the rule of law, etc.
6/ As for point 2, the Treaties use the word "federal" only when referring to the official name of Germany; and the CJEU Full Court has confirmed that the EU is not a State.
7/ Point 3: No obligation to join the single currency within two years. Rather there's a review every two years of whether the criteria to join are satisfied. UK has an opt out from the single currency.
8/ Point 4: the Treaties say nothing about moving stock exchanges.

Point 5: Primacy of EEC (now EU) law was established in 1960s CJEU case law. The Lisbon treaty says nothing new.
9/ Points 6 and 12: Abstentions and vetoes aren't abolished, as noted already. As well as the single currency opt out, the UK has opt outs from Schengen and justice and home affairs laws.
10/ Points 7-10: Common Commercial Policy & fisheries are long-established exclusive EU competences. Lisbon treaty extended exclusive competence to trade issues *besides* goods in 2009; that's different from the claim in the post.

Point 11: Member States decide oil & gas rights
11/ Point 13: unanimous voting on planning law.

Points 14, 17, 18 and 20: unanimous voting on foreign policy and defence. The Queen can still visit the "Commonwealths" without Juncker's approval.
12/ Point 15: see last tweet for unanimous voting on environmental tax. Here's all the other unanimous voting on tax.

When I mentioned this during the referendum campaign, I was called a Dunt. Stay classy, conspiracy theorists!
13/ The Commission has proposed extension of majority voting on tax and parts of foreign policy (human rights and sanctions). An "emergency brake" would still apply to the latter. But these changes would have to be approved unanimously. They don't happen automatically in 2022.
14/ Points 16, 19, 21 and 22: Variations of "tHe Uk wILl CeaSe to exISt". Give over. Anyway, the opt out from justice issues was mentioned already.
15/ Point 23: EU measures on space exclude harmonisation of national law

Point 24: Lisbon treaty changes nothing to do with transport
16/ Pause for illogical laughing at the space point, and basically everything else so far.

But this five year mission is nearly over...
17/ Points 25 and 26: UK contribution and rebates aren't set out in the Treaties, but the separate own resources decision. It can only be amended by unanimity with ratification of national parliaments.

Now on to the additional points in alternative versions of this drivel.
18/ In a Twitter thread version, it's claimed that the UK would lose its opt outs from the single currency and Schengen under the withdrawal agreement transition period.

Fact check says: pants on fire
19/ There's another version fully reproduced here, with extra wingnut claims at the end: google.com/url?sa=i&sourc…
20/ The state of this. Yeah, there will be an EU law requiring crime to increase 59% a year. What if people are too lazy to go out and increase crime by that much? Well, I guess they could make it a crime not to be a criminal...

Plus the anti-semicolonism here is offensive
21/ Sure because fines for every criminal offence except murder is on top of the legislative agenda.

(If this absurd nonsense was real, the UK opt out from justice and home affairs laws would apply anyway)
22/ Indeed, the opposite is true. Here's an excerpt from an EU law requiring custodial sentences to be available for child abuse. Similar laws apply to trafficking in persons, terrorism, organised crime, "cybercrime" and several other crimes.
23/ I hope that's sufficient to show the absurdity of this crap. Of course, the punch line is that some ERG claims are only slightly less bat****. //

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More from @StevePeers

Apr 18
1/ Brexit law- proposal to negotiate a youth mobility treaty between the EU and the UK

Press release - note basic rule would be a 4-year stay for 18-30 year olds who meet the conditions

But wait, there's more ec.europa.eu/commission/pre…
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2/ EU/UK youth mobility treaty proposal - questions and answers

Note equal treatment in tuition fees, points re traineeships, visa fees, health surcharges, application to all Member States - would UK government accept all this? (Also a question to ask Labour)
Image
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3/ EU/UK proposed youth mobility treaty - text of proposed Council decision and explanatory memo

Note it would also include family reunion (not further detailed at this point). Dispute settlement system of the Brexit deal would apply (not the CJEU)
commission.europa.eu/publications/c…
Read 7 tweets
Dec 8, 2023
Summary of the EU Artificial Intelligence Act just agreed #AIAct
europarl.europa.eu/news/en/press-…
Agreed EU rules on law enforcement use of artificial intelligence #AIAct Image
Further details of the newly agreed #AIAct in the Council press release
consilium.europa.eu/en/press/press…
Read 5 tweets
Dec 6, 2023
1/ Here's the Rwanda bill - my thread with the main points follows
2/ The context of the bill is the recently agreed Rwanda treaty. The issues in clause 1.3 *might* be enough to convince courts to change their mind on the safety of Rwanda since the Supreme Court judgment, but as we'll see it's a moot point: the bill dispenses with courts anyway. Image
3/ clause 1.4.b is correct: an Act of Parliament that breaches international law is still valid *domestic* law. BUT it will remain a breach of international law.

(We are likely to hear from people who do not understand these basic points) Image
Read 26 tweets
Aug 26, 2023
1/ I am seeing this being shared. A few points. Image
2/ The spiel in the link confuses the two EU courts, which is not impressive. In fact the applicants in this case lost earlier in the EU General Court, then lost their appeal this year to the CJEU. And this omits to point out that the CJEU had ruled on the substance in June 2022. Image
3/ My comments on the previous judgment: '.
Because the Court ruled here that Brits lost EU citizenship because UK left the EU, it said this year that Brits had no legal interest to sue the EU to challenge the withdrawal agreement to get it back.eulawanalysis.blogspot.com/2022/06/its-en…
Read 9 tweets
Aug 14, 2023
Profoundly ignorant on both points. A) the Good Friday Agreement requires compliance with the ECHR. That necessarily entails the Strasbourg Court. There's no legal route to saying that it applies but to the peace process only. 1/
2/ And the idea that it applies to the "peace process" but not "foreign nationals" is confused - for the obvious reason that some of those covered by the former ground may be Irish citizens.
3/ The Strasbourg Court jurisdiction is relevant to Northern Ireland for a very, very obvious reason: it had ruled that the UK had breached the ECHR in Northern Ireland after British courts had ruled that it had not. "Just rely on British courts" therefore misses the point.
Read 5 tweets
Jul 23, 2023
1/ I see "gotchas" assuming that this interpretation of the scope of EU external power is correct. It's not obvious that it is correct: labour migration is not the same thing as trade (apart from short term provision of services), so is not necessarily an EU exclusive competence.
2/ Nor is Schengen necessarily relevant here, as it applies to short term visits and the issue is longer term stays. There's limited EU harmonisation on non-EU labour migration, and both the Treaties and EU legislation have carve-outs on aspects of the topic.
3/ There's no current legal framework requiring Member States to get the Commission’s approval on labour migration treaties. So the Commission would have to sue Member States in the CJEU, and for the reasons just given it's not certain it would win.
Read 12 tweets

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