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Analysis 1 of the revised withdrawal agreement

Overview of the deal - including the revised provisions on Northern Ireland: eulawanalysis.blogspot.com/2019/10/analys…
Analysis 2 of the revised withdrawal agreement

What happens during the transition period? eulawanalysis.blogspot.com/2019/10/analys…
Analysis 3 of the revised withdrawal agreement

Dispute settlement between the UK and the EU - including jurisdiction of the CJEU: eulawanalysis.blogspot.com/2019/10/analys…
Analysis 4 of the revised withdrawal agreement

Updated annotation of the provisions on citizens' rights (EU27 in UK, UK citizens in EU): eulawanalysis.blogspot.com/2019/10/analys…
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More from @StevePeers see all

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Steve Peers
@StevePeers
Thoughts and prayers tonight for the folks who told us that the Benn Act was unconstitutional, illegal, unworkable, breached EU law, violated the Prime Directive, yada yada yada. Special hug for Giant Brain Man
Background to the third extension request

1 Analysis of the Benn Act: eulawanalysis.blogspot.com/2019/09/third-…
2 Legal issues of the second extension: eulawanalysis.blogspot.com/2019/04/trick-…
3 Legal issues of the first extension: eulawanalysis.blogspot.com/2019/03/brexit…
NB:
- EU doesn't have to give an extension
- EU might delay decision until position in parliament is clearer
- if Parliament approves WA before 31/10 PM can withdraw request
- might be longer or shorter than three months
- if both sides ratify WA UK leaves on 1st of next month
Read 8 tweets
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Steve Peers
@StevePeers
1/ Giant Brain Man is probably referring to the Court of Appeal ruling on Liberty's challenge re enforcement of the Benn Act: standard.co.uk/news/politics/…
Some comments.
2/ First of all, as you can see from the press reports (see also theguardian.com/politics/2019/…) the Court of Appeal has not given its written reasons for rejecting the case yet. So it's premature for the govt to build a case on this.
3/ Secondly, Liberty was asking for an interim measure before the parliament vote/Benn Act deadline. The judges thought that was premature. But we are now in a different situation.
Read 4 tweets
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Steve Peers
@StevePeers
Lots of uncertainties but here's my analyses of the previous deal 1/2

1 overview eulawanalysis.blogspot.com/2018/11/the-br…

2 transition period eulawanalysis.blogspot.com/2018/03/a-brid…

3 citizens' rights eulawanalysis.blogspot.com/2018/03/eu27-a…

May update these as things develop
My analyses of the previous deal 2/2

4 Dispute settlement/CJEU - eulawanalysis.blogspot.com/2018/12/disput…

5 Political declaration - eulawanalysis.blogspot.com/2018/12/to-bol…

The latter would definitely be amended by the revised deal. I will update when possible.
Legal texts now published

1 revised Irish protocol - ec.europa.eu/commission/sit…

2 revised political declaration - ec.europa.eu/commission/sit…

3 Commission recommendation - ec.europa.eu/commission/sit…

4 Press release - europa.eu/rapid/press-re…

Can someone do a text comparison on 1 and 2?
Read 16 tweets

Related threads

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Michael Gray
@GrayInGlasgow
Back in Court of Session. Case before Lord Pentland by @JolyonMaugham claiming interdict against UK Ministers on grounds that the proposed Brexit Withdrawal Agreement breaches existing law on the customs status of Northern Ireland.
Aidan O’Neill QC appearing for petitioner. Will speak for 1 hour 30. Begins by stating that petition anticipated the contents of the Withdrawal Agreement - and was largely correct. Claims it breaches section 55 of Taxation (Cross border Trade) Act 2018 on Northern Ireland.
O’Neill: There is not yet an Agreement under EU Law - at it is not passed by the European Parliament as required. So this remains a live legal issue.
Read 30 tweets
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Katy Hayward
@hayward_katy
Gave my flash-reaction to the news of a #deal at our #BrinkofBrexit conference this morning.

FWIW, here's a couple of thoughts on which I'd happy to be proven wrong...

[wee thread]
1/?
We know #Brexit is having an impact already due to flux & uncertainty.

I don't think this #deal necessarily gets rid of this in either short term [will it get ratified?] or the long term [we, in theory, cd all be back pondering how to avoid a hard @BorderIrish in <6 yrs time]
2/
The #deal on the table enables a hard Brexit for GB (what consequences for east/west?) and puts off nitty gritty of major and difficult decisions for the future, and (in theory) into hands of NI MLAs...

3/
Read 9 tweets
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Murphy de Pfeffel Murphy
@LiamTheBrewer
Thread.
#ireland #brexi

Having spent an hour tring to explain what's happening here to a #Brexit person in #England I'm now convinced that we are in serious trouble /1

#ireland #gfa
I don't believe that most people who voted leave have any malign intent towards us. I'm not a fan of the EU myself. Still less do I think its an England/Ireland thing, I was born in England, I was schooled there & my partner is English /2
But there is a yawning gap of comprehension about the troubles & what it took to stop it. /3
Read 25 tweets
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Ian Dunt
@IanDunt
OK, debate begins on May's third-meaningful-vote-it's-not-a-meaningful-vote-but-actually-it-is-she's-a-desperate-liar.
Rattling boombox Geoffrey Cox is up for the government. "This should've been the day we left the European Union," he says.
"I do not intend to review how and why we have arrived at this point." Bet you don't mate.
Read 207 tweets
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Marcus Fysh MP
@MarcusFysh
Withdrawal Agreement signs UK up permanently to the blanket provisions of EU law preventing state aid, but not to Article 346 TFEU which exempts defence industry. So EU can choose to let our competitors subsidise their industry forever, and stop ours. @Leonardo_UK #Yeovil
The PM has said she wants to agree Common Security and Defence Policy during the transition period but if we have first passed this Withdrawal Agreement (and its “backstop” that gives the EU a permanent veto against our leaving) then defence is yet another negotiating hostage.
Defence cooperation which should be an asset in this negotiation, perhaps one of our biggest, is thereby turned into a liability. Time to reset this negotiation I think, and stand up for ourselves. Regret to say it looks like current leadership may not be able to.
Read 4 tweets
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Robert Peston
@Peston
The DUP’s 10 MPs will be abstaining on pretty much every finance bill vote tonight, I understand. This is to put the government on warning that the party is close to ripping up the “confidence and supply” agreement that allows @theresa_may to govern. This is a serious blow to...
...the PM’s authority. And is all down to the DUP’s pessimism that the PM will amend in any significant way the EU Withdrawal Agreement that it sees as driving a regulatory wedge between Northern Ireland and Great Britain. And if Tory MPs see their industrial action as...
...increasing the risk of an imminent general election, they will launch that long-planned and delayed coup against her pronto.
Read 3 tweets

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