1/ EU courts, Brexit law

Missed this one - recent judgment of the EU General Court on whether a UK official who obtained Belgian citizenship in order to keep job with EU institutions was still entitled to an "expatriation allowance" despite usual rule - curia.europa.eu/juris/document…
2/ The General Court rejected the staff member's arguments - but he's already appealed to the CJEU.

The main argument re Brexit is at paras 54-73 - ie taking out Belgian nationality (and therefore losing the allowance) was a 'force majeure' for the staff member. Court says no.
3/ This paragraph sets out a striking principle which would be relevant outside the scope of staff cases - especially to UK citizens in EU/EU citizens in UK.

His argument by analogy based on free movement law cases and dual citizenship also failed.
4/ Important to emphasise that even if the EU has no *unilateral obligation* to offset the effects of Brexit, it is still bound by the withdrawal agreement, which addresses issues like pension upgrades. (Ditto the UK)
I've updated again my summary of and links to of Brexit litigation with this case
One of the last cases sent by the UK courts to the CJEU before the end of the transition period has been fast-tracked, because it deals with return of a 3-year old child . National court ruling here: curia.europa.eu/juris/showPdf.…

• • •

Missing some Tweet in this thread? You can try to force a refresh
 

Keep Current with Steve Peers

Steve Peers Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @StevePeers

17 Dec
CJEU, asylum law

New judgment: Hungary is in breach of EU laws on asylum procedures and reception conditions for asylum seekers
CJEU, animal welfare/freedom of religion

New judgment: Member States may ban religion-based practices of Muslim and Jewish groups re animals
Read 10 tweets
15 Dec
1/ CJEU, Brexit law

New ruling - appeal of UK citizen seeking to retain EU citizenship rejected on standing grounds: curia.europa.eu/juris/document…
However:
- this was a request for interim measures; the main case is still pending
- two other cases directly against EU are pending
2/ - all three cases likely to face standing issues
- but a fourth case sent from the French courts to the CJEU will *not* face standing issues, ie the Court in principle has to answer the national court's questions about whether UK citizens have lost EU citizenship
3/ I've updated my collection of links to Brexit litigation, including the latest developments on "loss of EU citizenship" cases, plus the internal market bill - eulawanalysis.blogspot.com/p/litigating-b…
Read 4 tweets
10 Dec
EU 'no deal' unilateral contingency measures published - to deal with aviation, air safety, road haulage, fisheries

press release - ec.europa.eu/commission/pre…

legal texts - ec.europa.eu/info/publicati…
Except for reg on aviation safety, proposed laws "will automatically stop when an agreement enters into force or stop after a fixed period if no agreement enters into force (6 months for the air services and road related measures and 1 year for the fisheries related measures)"
Commission points out that visa waiver for short term visits of UK citizens is already legislated for. Discussion here: eulawanalysis.blogspot.com/2019/04/travel…
Read 13 tweets
8 Dec
1/ Some general legal points about the EU/UK agreement on implementation of the N. Ireland protocol.

First, it's not about a trade deal as such, but application of the existing withdrawal agreement - although there may be political links between the two.

2/ The agreement will take the legal form of Joint Committee decisions on aspects of the NI protocol. We'll see the text soon - likely proposals for an EU position (which will have been pre-agreed with the UK) before the Joint Committee (which consists of Gove and Sefcovic)
3/ These decisions will be legally binding. There might be other more informal parts to the agreement too. EU Council (Member States) has to sign off on EU position; European Parliament is informed but doesn't usually vote on measures implementing treaties.
Read 5 tweets
7 Dec
Having run away from Emily Maitlis and turned off replies, this MP now deletes the tweet after 1300 quote tweets in reply
Read 4 tweets
2 Dec
Unsurprisingly this false claim is also made by this radio presenter
And again - the false claim repeated by Mr Rees-Mogg
Read 4 tweets

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!

Follow Us on Twitter!