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As promised: my detailed analysis of the EU-UK "Brexit Package" is now available, free to download, from the Social Science Research Network at:

papers.ssrn.com/sol3/papers.cf…

A few points to note:
1) this paper has been submitted for peer review to Common Market Law Review
2) the text is draft and remains subject to further revisions / corrections
3) the paper can be downloaded with or without an SSRN subscription
It's long, so if you have a particular interest, here is brief table of contents: 1) introduction 2) key legal & political factors that shaped final deal 3.1) governance of agreement 3.2) transition period 3.3) citizens' rights 3.4) Irish border 4) future relations 5) conclusions
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Michael Dougan
@mdouganlpool
I sympathise: still haven't fully recovered from the mental (more than physical) trauma of having to perform home dental surgery, using medium-grade sandpaper from the DIY toolbox, after I broke a tooth in half, right at the start of lockdown... yukky

theguardian.com/society/2020/m…
Awh - very kind! I did enjoy doing Smeagol impressions for a couple of days, but eventually, the lacerated tongue and bloody mouth drove me to conclude that rapid-erosion treatment was probably better. Yet the bad memory (grate, grate, grate) has proven more stubborn to erase...
Of course, acting strictly under medical advice and instruction! And not Dentist Trump either: no gargling with domestos, thanks very much
Read 3 tweets
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Michael Dougan
@mdouganlpool
Looking again at Government's own "Yellowhammer" assessment of likely consequences of "no deal". Given that ending transition on 01/01 with no proper replacement= basically same as "no deal", surely begs question: what is Government's revised assessment of those exact same risks?
One hand: might have expected transition to give more time to make preparations / mitigate worst risks. Other hand: surely pandemic has disrupted those preparations / magnified certain risks / created new or supplementary problems that were not foreseen by original Yellowhammer.
But how do we know, unless Johnson shows us results of necessary studies & updates? There *must be* fresh studies: surely no Gov would take such major decision, with potentially disastrous consequences, without careful investigation & evaluation compared to own previous plans?
Read 6 tweets
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Michael Dougan
@mdouganlpool
I'm perplexed by some of the "commentary" on the German Federal Constitutional Court's recent "Eurozone PSPP" ruling - evidently by people who haven't even read the judgment. Law colleagues will offer more detailed and expert analysis in due course, but a few thoughts for now:
1) does the FCC lay down new constitutional principles governing the relationship between EU law and the German legal system? Not really: this is essentially the application of existing principles (on scrutiny of EU action against limits of EU power) to a new factual situation.
2) So is FCC's application of existing constitutional principles to particular context of PSPP dispute legally persuasive? Again, not really. FCC says: we'll respect ECJ having different understanding of relevant legal principles, so long as it's not arbitrary or incomprehensible
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