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14 Jan, 7 tweets, 3 min read
CJEU, irregular migration

New judgment: Dutch govt breached EU law by simply waiting to expel 15-17 year olds until they turn 18, rather than checking if there are adequate reception facilities for them.
CJEU, asylum law

New judgment: Ireland breached EU law by refusing asylum seekers who were subject to the Dublin system access to employment while they stayed in Ireland pending appeal against their transfer: curia.europa.eu/juris/document…
Note that some of the asylum seekers concerned were challenging their transfer to the UK, although this aspect wasn't addressed in the judgment.

Whether they can still be transferred is up to how UK/ Ireland deal with pending cases (withdrawal agreement doesn't address this).
Full text of today's CJEU judgment on Dutch expulsion of older children: curia.europa.eu/juris/document…
(French version; not in English yet)
Full text of today's CJEU judgment on Dutch expulsion of older children, now in English: curia.europa.eu/juris/document…
Today's AG opinion in the first CJEU reference in the Irish language: curia.europa.eu/juris/document…
Concerns an Irish language speaker litigating the labelling of medicine for his dog. The legal issue is what remedies are available.
UK opted out of this law; judgment's not about asylum; and CJEU stated that unaccompanied minors who are irregular migrants must be removed if there are adequate reception facilities. Embarrassing for you; but thanks for boosting my tweet in the algorithm.

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More from @StevePeers

Steve Peers Profile picture
14 Jan
The bonfire of workers' rights begins.

A couple of points...
On EU retaliation under the Brexit deal, the test is not whether the reduced standards have a "material impact on competition" (as the article claims).

It's whether the reduction of standards takes place "in a manner affecting trade or investment".
Retaliation by the EU would be subject to the dispute settlement system of the Brexit deal. I discussed that process here: eulawanalysis.blogspot.com/2021/01/analys…
Here's a summary of how the basic rules on dispute settlement work. But it's fast tracked for disputes like these... Image
Read 11 tweets
Steve Peers Profile picture
14 Jan
In the "who proposed what re musicians' visas" argument, the Downing Street quote here is very vague
independent.co.uk/news/uk/politi…
However this claim from the culture minister is untrue. The EU proposal to clarify the meaning of "paid activities" related to a limited number of people for a short term, not to free movement of workers generally. Image
Here's the proposed text, which as you can see only refers to certain groups of people. It refers back to the proposed text on short term travel, not to longer term migration.
Read 6 tweets
Steve Peers Profile picture
13 Jan
Seeing a lot of this. Quite apart from the 🤡 argument that "the disadvantages of leaving justify leaving", it's implicitly ignorant/dishonest about the rest of the world.
The government wanted a "Canada deal". Ok: meat products must be hermetically sealed. Fruit and vegetables might be banned - inspection.gc.ca/food-safety-fo…
What about an "Australia style deal" (ie no deal), in which it was claimed we would "prosper mightily"?

No fruit. Probably not your own food. No food from the plane. Import permit for ham - abf.gov.au/entering-and-l…
Read 4 tweets
Steve Peers Profile picture
10 Jan
I've seen the suggestion that the UK/EU trade agreement could be challenged by British businesses in the EU courts.

Three points.
First, standing to sue directly in the EU courts is subject to strict rules. It is very unlikely that UK businesses challenging the TCA will have standing.

They could, however, ask a national court to ask the CJEU to rule on the validity of the EU signing/concluding the treaty.
Second, there needs to be a substantive legal argument. This is conceivable, although the CJEU has tended to leave political discretion to the EU institutions as regards the content of trade policy.

"It's more difficult for UK businesses" is *not* a legal argument.
Read 6 tweets
Steve Peers Profile picture
9 Jan
Some thoughts on the human rights aspects of this debate.

Yes, incitement to violence is an exception to free speech laws. But thresholds differ - "clear and present danger" in US higher bar to reach than ECHR.
The "shouts 'fire' in a crowded theatre" analogy isn't perfect here. More like "tells armed mob that their enemies are in the theatre, having also told the black people in the theatre to 'go home' to a country they aren't from for the duration of the film".
And, as widely pointed out, the bigger question is whether private companies have obligations under free speech law at all. Generally they don't. Asserting that they *should* do is not an argument that they already do.
Read 12 tweets
Steve Peers Profile picture
31 Dec 20
As the transition period ends, the #BrexitDeal applies from tomorrow. But there's also a parallel significant legal change - most of the rest of the withdrawal agreement starts to apply. A thread on the legal issues in the rest of that agreement.
The citizens' rights provisions of the withdrawal agreement (on EU citizens who moved to the UK, and UK citizens who moved to the EU, before the end of the transition period) start to apply.

Annotation and detailed analysis of those provisions here: eulawanalysis.blogspot.com/2019/10/analys…
After today, UK citizens newly moving to the EU, or EU citizens newly moving to the UK, are in principle governed by national law (partly harmonised by the EU, on the EU side).

However, the #BrexitDeal contains some provisions on visas for service providers.
Read 12 tweets

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