Judgment in @privacyint and French and Belgian cases: mass data retention is illegal in principle, but can be justified on national security grounds if temporary and subject to safeguards
EU courts have jurisdiction to rule on damages if EU foreign policy sanctions were illegal; but a breach of the obligation to provide adequate reasons does not give rise to damages liability
Commission: letter of formal notice sent to UK re the internal market bill and the withdrawal agreement. Invites the UK to reply within a month.
An explanation of the legal process - thread
The Commission is using the infringement procedure, which applies if Member States allegedly breach EU law. It applies to UK too for now, due to Art 131 of the withdrawal agreement, which gives CJEU its usual jurisdiction during the transition period, including over the agreement
Starting the infringement process doesn't establish by itself that UK has broken the law. It contains several pre-litigation phases. After the one month expires, the next phase is a reasoned opinion to the UK. Usually two months to reply to that, but the Commission can shorten.
The three overlapping tensions in the withdrawal agreement: between the approaches of EU and international law; the agreement as end point of membership, or future relationship; and the ambiguous position of Northern Ireland
The legal position of treaties in domestic law: unfortunately necessary to restate the basics, following the Attorney General's misleading statement
Legal texts (main communication, five legislative proposals, soft law, roadmap, staff working document) - https://t.co/4Ai5rcWD6n
Main points in today's EU migration and asylum package.
Not everything is new - the Commission is reverting back to its prior proposals on qualification of refugees, reception of asylum seekers, resettlement of refugees, the EU asylum agency, and return of irregular migrants
Key new/amended proposals - on fast tracked screening of asylum seekers at the border. Not automatic rejection but limited procedural rights etc. Likely to raise human rights concerns.
Member States can detain irregular migrants who don't comply with an expulsion decision, in certain circumstances: curia.europa.eu/juris/document…
CJEU, alleged hate speech
New judgment - upholds European Parliament decision to remove immunity from French National Front MEP, to face French criminal proceedings due to a tweet about Muslim women wearing a veil: curia.europa.eu/juris/document…
CJEU, extradition law
New AG opinion in case referred from Irish court - European Arrest Warrant still applies if the Member State issuing an EAW is recognising a conviction handed down by a non-EU State - human rights safeguard applies: curia.europa.eu/juris/document…
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