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Steve Peers

17 Dec, 10 tweets, 5 min read

https://twitter.com/EUCourtPress/status/1339490322661990402?s=19

CJEU, asylum law

New judgment: Hungary is in breach of EU laws on asylum procedures and reception conditions for asylum seekers

https://twitter.com/EUCourtPress/status/1339490322661990402?s=19

https://twitter.com/EUCourtPress/status/1339491238169460737?s=19

CJEU, animal welfare/freedom of religion

New judgment: Member States may ban religion-based practices of Muslim and Jewish groups re animals

https://twitter.com/EUCourtPress/status/1339491238169460737?s=19

https://twitter.com/EUCourtPress/status/1339494465313107969?s=20

CJEU - new judgment on 'Dieselgate'

https://twitter.com/EUCourtPress/status/1339494465313107969?s=20

https://twitter.com/EUCourtPress/status/1339498078001348609?s=20

CJEU, extradition law

New judgment clarifies what happens when a non-EU state asks a Member State to extradite a national of another Member State - relevant to UK extradition requests post-Brexit transition period:

https://twitter.com/EUCourtPress/status/1339498078001348609?s=20

CJEU, rule of law/criminal law

New judgment - concerns about judicial independence in Poland do not mean that a Member State may systematically refuse to execute all European Arrest Warrants issued by Poland: curia.europa.eu/jcms/upload/do…

CJEU, rule of law II

New AG opinion - Polish law on review of Supreme Court appointments in breach of EU law re judicial independence - AG *also* takes a pop at recent judgment of German constitutional court re ECB powers: curia.europa.eu/jcms/upload/do…

https://twitter.com/EUCourtPress/status/1339506787276484608?s=20

CJEU, rule of law III

New AG opinion - Maltese law on appointment of judges does *not* fall foul of EU law re judicial independence -

https://twitter.com/EUCourtPress/status/1339506787276484608?s=20

Background to the case, analysed previously by @JustinBBarthet - eulawanalysis.blogspot.com/2019/05/judici…

CJEU, ECB

New judgment rejects appeal of left politicians Fabio De Masi and Yanis Varoufakis to obtain copy of document for European Central Bank re assistance to Greek banks

Full text of judgment: curia.europa.eu/juris/document…

Full texts of today's key CJEU judgments

Hungary & asylum law: curia.europa.eu/juris/document…

Animal welfare v freedom of religion: curia.europa.eu/juris/document…

Extradition to non-EU countries: curia.europa.eu/juris/document…

Polish judicial independence/refusal of EAWs: curia.europa.eu/juris/document…

Full texts of today's key CJEU Advocates-General opinions

Malta & judicial independence: curia.europa.eu/juris/document…

Poland and judicial independence: curia.europa.eu/juris/document…

removal of pension of former Court of Auditors member due to unethical behaviour: curia.europa.eu/juris/document…

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More from @StevePeers

Steve Peers

@StevePeers

16 Dec

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.

Read 6 tweets

Steve Peers

@StevePeers

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

Steve Peers

@StevePeers

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

Steve Peers

@StevePeers

8 Dec

https://twitter.com/pmdfoster/status/1336301505171902464?s=20

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.

https://twitter.com/pmdfoster/status/1336301505171902464?s=20

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