A thread on useful material explaining what our subsidy control regime currently is.
An introduction with various comments eurelationslaw.com/blog/synopsis-…
A not entirely complimentary account of where the current government has left us. eurelationslaw.com/blog/the-uks-n…
An account of the role of the courts in the current subsidy control regime. eurelationslaw.com/blog/the-role-…
An account of what the TCA says about subsidies. eurelationslaw.com/blog/the-subsi…
Where we are on Article 10 of the Ireland/NI Protocol : the joint declaration eurelationslaw.com/blog/the-case-…
... and the Commission’s approach to it. eurelationslaw.com/blog/eu-commis…
Practical advice for now in the chaos ... localgovernmentlawyer.co.uk/projects-and-r…
Has the old State aid regime really been killed in the UK? @GoodLawProject says that it hasn’t: see its claim here drive.google.com/file/d/12HFRmm…
(Along lines run here... eurelationslaw.com/blog/can-the-g…)
And suggestions, along lines sympathetic to the current government’s objectives, for the future ... uksala.org/taking-advanta…
You’ll now have realised the error in the first tweet in the thread. The question isn’t what our subsidy control regime is; it’s what our subsidy control regimes are. For we have two: Article 3 of the TCA and Article 10 of the NIP.
Both subject to radical uncertainties, calling for resolution by the courts.
Those who voted for Brexit on the basis that it would free us from complex and obscure rules limiting government action that left too much to courts and regulators may not feel that that is quite what they expected to happen.

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More from @GeorgePeretzQC

30 Jan
Early day motion on 8 March on the position of UK musicians (those unlucky enough not to have 🇮🇪 passports) in the EU after Brexit. edm.parliament.uk/early-day-moti…
MPs thinking of signing it or speaking on it might like the following background briefing. freemovement.org.uk/the-row-over-p…
Read 4 tweets
25 Jan
This letter from the EFTA Surveillance Authority about a 🇳🇴 quarantine proposal throws up some of the questions to which a lawful quarantine policy must have answers that stack up.
And NB that though the UK is not now of course bound by EU FOM, questions could arise under the Withdrawal Agreement in relation to the rights of pre-2021 EU residents with WA rights returning to the UK, as well as under Art 5 (and other articles) of the ECHR.
Also NB that any UK citizen now returning from holiday must have left before 5/1/21 (when this proposal was not being mooted).
Read 4 tweets
25 Jan
A quick thread about the legal issues surrounding the imposition of a “quarantine at a hotel” requirement for international travellers. These are initial thoughts: would welcome thoughts and contributions! NB I’m thinking about 🏴󠁧󠁢󠁥󠁮󠁧󠁿 only but this probably applies equally to 🏴󠁧󠁢󠁷󠁬󠁳󠁿.
The basic power is in section 45B of the Public Health (Control of Disease) Act 1984.
Subsection (2)(b) refers to the “detention, isolation, or quarantine of persons”.
Read 18 tweets
23 Jan
This also needs to be read by those advocating a “seal the border, zero-COVID” strategy for the UK.
As Brexit has taught us, the UK is not an island. It has a land border: and one that is impossible to close. If you don’t have coherent solutions to that issue, your policy isn’t a policy: it’s a letter to Father Christmas.
The only solutions which I can see are (1) treat NI as abroad for all purposes, including quarantine (and you need to be up front about the political and economic cost of that); or
Read 5 tweets
23 Jan
He’s right that this will be an area where subsidies to support production will be very closely scrutinised under the TCA - and note the power of UK Courts to review for TCA compliance under s29 of the EU (Future Relationship) Act and Art 3.10 TCA.
Also note the Commission’s interpretation of Article 10 of the 🇮🇪/NI Protocol, discussed here. eurelationslaw.com/blog/eu-commis…
Read 4 tweets
22 Jan
One interesting aspect of this is this is that there are a number of voices asking questions about who has power to decide who has access to a major platform and what, in a democracy, is the legitimacy of their power to make that choice.
A number of critics of media empires have been making similar points for the last century or so. Quite often opposed by those very same voices.
These are difficult issues. But they are about power, and accountability for the exercise of that power, quite as much as they are about rights.
Read 4 tweets

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