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29 Jan, 4 tweets, 1 min read
Incidentally the links to the new law no longer work - does anyone know if this is just a technical glitch or whether there might be a change to the text planned? @tconnellyRTE
Quick point about the vanished vaccine export law. It included a list of vaccine producers. If the law reappears with that list, the vaccine producers might have standing to sue the EU Commission directly before the EU General Court, and request interim measures immediately.
This doesn't necessarily mean that the companies would *win* either interim measures or the main action. Just that a legal challenge might be brought.

Any legal challenge would be about trade law, not contract law.
Also Member States would *definitely* have standing to sue to annul the vaccine law, and to request interim measures. (Again that doesn't necessarily mean that they would win).

*waves at Dublin*

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More from @StevePeers

Steve Peers Profile picture
28 Jan
On free trade agreements and export bans: the withdrawal agreement provides for free trade between the EU and NI. For the UK as a whole, the recent trade deal applies. 1/
2/ Article EXC.1 of the Brexit trade deal provides for exceptions to the free trade rules. It applies WTO law - GATT Art XX - which provides for trade restrictions "necessary to protect human, animal or plant life or health" - but this is subject to conditions...
3/ Art XX allows trade restrictions on health grounds if "such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where the same conditions prevail, or a disguised restriction on international trade"
Read 18 tweets
Steve Peers Profile picture
27 Jan
I love the smell of a leaked legal service opinion in the morning
The conclusion: the EU Council legal service says that it's OK for the Brexit deal to be concluded with the UK by the EU only, not needing Member States' participation
The reasoning: the legal service distinguishes between competences reserved to Member States, and competences shared with the EU. For the latter, the EU has the choice of concluding an EU-only treaty.
Read 11 tweets
Steve Peers Profile picture
25 Jan
EU/S Korea - free trade and labour rights

The EU's press release on the new expert panel report on whether S Korea is in breach of its labour obligations under the EU/S Korea FTA: trade.ec.europa.eu/doclib/press/i…
Also links to the full text of the panel report
tl;dr: the expert panel upholds some of the EU's complaints re S Korea (too limited definition of 'worker' and 'trade union'; limits on freedom of association) but not others (another freedom of association point; steps toward ratification of core ILO Conventions)
These trade/labour provisions of the EU/S Korea FTA are similar to those in other recent FTAs, including with the UK. They don't lead to trade retaliation but can put pressure on the other side.

However, EU/UK FTA goes further ->
Read 5 tweets
Steve Peers Profile picture
20 Jan
CJEU, external relations

AG opinion: non-EU countries (in this case, Venezuela) have standing to sue in EU courts to challenge foreign policy sanctions against them
CJEU, asylum law

New judgment - case referred from UK - social and financial support from clan/family is not sufficient to count as non-state protection to justify cessation of refugee status of Somalis: curia.europa.eu/juris/document…
This is the first UK case the CJEU has decided *after* the end of the transition period. It still has jurisdiction to decide cases which were referred from UK courts before the end of that period (about 18 are pending).
Read 6 tweets
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...
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.
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

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