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Steve Peers
@StevePeers
, 5 tweets, 2 min read Read on Twitter
Meanwhile, some EU court judgments due this morning:
- two judgments on data protection 'right to be forgotten'
- Dutch State aid to Starbucks
- Luxembourg State aid to Fiat
- third case on Polish judicial independence (AG opinion)
- can EU legislate on minority rights?
EU General Court: Luxembourg tax goodie to Fiat was State aid
CJEU clarifies the obligations of search engines re the "right to be forgotten":
EU General Court judgment: Starbucks and Dutch government win challenge to Commission State aid decision
More CJEU cases today
1 Second 'right to be forgotten' judgment, on sensitive data: curia.europa.eu/jcms/upload/do…
2 EU has power to propose minority rights laws: curia.europa.eu/jcms/upload/do…
3 AG opinion: cases about independence of Polish judges are inadmissible: curia.europa.eu/jcms/upload/do…
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Steve Peers
@StevePeers
CJEU, free movement law

New judgment: self-employed EU citizen who takes time off due to pregnancy/maternity retains EU free movement rights for a 'reasonable period' before she resumes economic activity: curia.europa.eu/juris/document…

UK case - possibly one of the last before Oct 31
CJEU, criminal law I

New judgment clarifies when EU law on fair trials (info on charges, access to a lawyer, presumption of innocence) applies to suspects in psychiatric detention: curia.europa.eu/juris/fiche.js…
CJEU, criminal law II

Recent AG opinion: when are public prosecutors issuing a European Arrest Warrant sufficiently independent? - curia.europa.eu/juris/fiche.js…

This is the first of a number of cases following from earlier judgments discussed here: eulawanalysis.blogspot.com/2019/06/cjeu-e…
Read 6 tweets
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Steve Peers
@StevePeers
Indeed. Marbury v Madison (SCOTUS) is about courts intervening to stop the legislature infringing the constitution (in the judges' view). Cherry/Miller is about the courts intervening to stop the *executive* limiting the scrutiny/control it faces from the legislature.
A closer parallel with Marbury v Madison would be litigation to require the PM to request an extension of EU membership under the Benn-Burt Act, in which the govt argued that the court should strike down the Act as invalid.
In Marbury v Madison, SCOTUS defended the power to strike down legislation because the judges believed that the legislation conflicted with the US Constitution: a "higher law" type of constitution that most States have. But constitutional law in the UK takes a different form.
Read 5 tweets
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Steve Peers
@StevePeers
1st Doctor - votes Leave, runs away
2nd Doctor - gets caught, exiled to Earth to stop Brexit
3rd Doctor - tries to stop Brexit, gets dates mixed up
4th Doctor - has a chance to stop Brexit from the beginning, but thinks some good might come of it in millions of years
5th Doctor - swears at Boris Johnson
6th Doctor - about to stop Brexit, but cancelled by BBC bosses
7th Doctor - tricks Brexit into destroying itself
8th Doctor - turns half human to stop Brexit
9th Doctor - wipes out both Leave and Remain. Only Farage and Adonis left standing
10th, 11th, War Doctors - press big red button. Brexit never happened
12th Doctor - swears at *everyone*
13th Doctor - becomes Commission president
Read 3 tweets

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Though #Pakistan was created on religious line, #Jinnah was most liberal Muslim who never wanted #Pakistan a religious firm!
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Brigid Laffan
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UCC had opportunity to comment on the #Data.Protection & Privacy Bill. The enactment of this law is long overdue. A comprehensive law on the collection & processing personal information gives effect to the right to Privacy envisaged under Article 27(2) of the Constitution
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