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A reminder about negotiating FTAs: they are voluntary. The UK can set preconditions, the EU can. Both can decide that they will not sign anything without them being met. Both can also decide to budge a little. Finding out how red a red line is, is part of the negotiations 1/2
And in this context: a red line can be red. A party can pretend a line is red when it is not. And a party can think something is a red line and reconsider. 2/2
Oh. Fairness. Yeah. Always a nice argument. But when your line really is red, because you won’t be able to get an agreement ratified without it: Buhu.
That’s a technical term.
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Holger Hestermeyer
@hhesterm
The German coronavirus lockdown easing is followed closely by court challenges. One now succeeded in Baden-Württemberg (thread)
What happened? Like other states BW decided only shops < 800 m2 could open at this stage. The court was ok with that. However...
The state made exceptions for car, bike and book stores. That was held to be an unjustifiable discrimination.
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Holger Hestermeyer
@hhesterm
The Administrative Court of Appeals in Hamburg has overturned a decision of the administrative court finding no merit in the government’s distinction between shops larger than 800 m2 (cannot open) and smaller shops (can open) as the coronavirus measures are eased in Germany 1/4
The Länder and the Federal Level had agreed on this distinction when gradually easing the coronavirus lockdown . A shop >800 m2 had sued arguing that there was no logical justification for differing between the two categories. 2/4
The shop had won in the first instance. It has now lost on appeal. The decision is final - the only further recourse would be a constitutional complaint. All of these decisions are, of course, interim measures. 3/4
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Holger Hestermeyer
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Judicial review in different systems. In the UK the threat of judicial review of coronavirus measures make national news in this article by @lisaocarroll while in Germany ... 1/2 theguardian.com/law/2020/may/0…
There have been dozens of cases already in administrative, state & federal constitutional courts. Three petitions for interim relief before the federal constitutional court were successful 2/2 constitutionnet.org/news/coronavir…
This is what I consider a subtle pitch of my short article. I am as elegant and subtle as a container ship...
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