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Steve Peers Profile picture
@StevePeers
Sep 10, 2020 • 4 tweets • 2 min read • Read on X
The Attorney General avoids saying expressly that the bill would breach the UK's international obligations. But nor does she (or could she) deny it.
This is correct - the Attorney General has subtly misrepresented the law. Treaties are still binding at the international level even if domestic law breaches them - see Art 27 of the Vienna Convention on the Law of Treaties
And also the Attorney General has misstated what a judgment of the Supreme Court has said
For more on the internal market bill and the withdrawal agreement, see me here - prospectmagazine.co.uk/politics/inter…

and @ProfMarkElliott here - publiclawforeveryone.com/2020/09/09/the…

On how EU legal action to enforce the treaty would work see - eulawanalysis.blogspot.com/2020/02/how-do…

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More from @StevePeers

Steve Peers Profile picture
Jul 15
1/ Imagine taking this guy seriously as a source of interpretation of EU law. In my field, the ultimate example of the Dunning-Kruger effect. Let's look at the claim in more detail. Image
2/ "illegal": Digital Services Act expressly provides for the possible negotiation of commitments from the platform

"Secret": Art 80 DSA expressly requires publication of those commitments

"Other platforms did a deal": according to the Commission, all other cases are pending Image
2/ "illegal": Digital Services Act expressly provides for the possible negotiation of commitments from the platform

"Secret": Art 80 DSA expressly requires publication of those commitments

"Other platforms did a deal": according to the Commission, all other cases are pending Image
Read 13 tweets
Steve Peers Profile picture
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…
Image
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
Image
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
Steve Peers Profile picture
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
Steve Peers Profile picture
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
Steve Peers Profile picture
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
Steve Peers Profile picture
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

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