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11 Feb, 4 tweets, 2 min read
CJEU continuing its jurisdiction over UK cases pending at the end of the transition period - today's AG opinion on judicial review of food standards decisions (reference from the Supreme Court): curia.europa.eu/juris/document…
Another CJEU AG opinion today in a pending UK case - this one a fast-tracked case from Westminster magistrate's court on whether Bulgarian standards for issuing European Arrest Warrants ensure judicial independence - curia.europa.eu/juris/document…
CJEU, asylum law

New AG opinion on when asylum seekers fleeing civil war (in Afghanistan, in this case) qualify for subsidiary protection - curia.europa.eu/juris/document…
CJEU, asylum law II

New AG opinion on asylum procedures - on what is a 'new element or finding' justifying asylum seekers making a repeat application for asylum - curia.europa.eu/juris/document…

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More from @StevePeers

Steve Peers Profile picture
10 Feb
EU Commission report on return and readmission policy - the usual exhortations to agree to its proposed revision of the returns directive, negotiate more readmission treaties etc - ec.europa.eu/transparency/r…
On the same issue - new CJEU AG opinion on the EU returns directive - when does an entry ban against a non-EU citizen fall outside the scope of EU law? curia.europa.eu/juris/document…
A second CJEU AG opinion on expulsion today, this time of EU citizens - curia.europa.eu/juris/document…
Can an EU citizen expelled for not meeting criteria to stay simply come back to the expelling State?
Read 6 tweets
Steve Peers Profile picture
9 Feb
A quick thread on where we stand with EU conclusion of the Brexit deal, based on internal unpublished Council documents.
Tomorrow morning Member States' representatives meet to agree the text on the decision to conclude the treaty. They will be revising the Commission proposal on this.
There's also a batch of agreed statements about how the Brexit deal will be implemented on the EU side.
Read 13 tweets
Steve Peers Profile picture
29 Jan
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.
Read 4 tweets
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

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