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.
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.
Here's the UK proposal re exemption for visas for musicians. You'll notice it's er, blank. But this is the original proposal; the text was likely filled in later on in the talks.
UK (probably) proposed binding text exempting musicians from visas, in the services part of the Brexit deal. EU didn't like it.
EU proposed non-binding text (probably) exempting musicians from visas, linked to the *visas* part of its proposal. UK didn't like it.
UK could, as a second-best outcome from its perspective, have agreed to the EU visas proposal with its non-binding declaration, which only concerned short-term visas.
A good compromise would be for both sides to agree on a declaration re musicians and short-term visas anyway.
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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...
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.
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).
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…
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.
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.
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.
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.