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18 Feb, 10 tweets, 4 min read
Latest EU infringement proceedings - includes possible return to EU court to request fines re Polish forest protection and Hungarian law on NGOs; also includes environmental law, racism hate speech law, European Arrest Warrant

ec.europa.eu/commission/pre…
Some highlights from the infringement proceedings: details of the Commission allegations about failure to apply EU criminal law on racism and xenophobia, which includes Holocaust denial
The Commission alleges that three Member States have tried to shelter their own citizens from the application of European Arrest Warrants
Conversely the Commission claims that three Member States don't correctly apply EU law on presumption of innocence.
The Commission alleges that Hungary voted against the EU position on drugs policy in the United Nations re cannabis
This was a particularly close vote to downgrade cannabis; the Hungarian vote nearly flipped it: celebstoner.com/news/marijuana…
The Dude is unimpressed
Asylum and the pandemic: the Commission alleges that Hungary breached asylum procedures law. The allegation is obviously correct, unless there's an unwritten exception re public health in the law.
Commission triggers process to go back to court to impose fines against Hungary re anti-NGO law
And also triggers process to go back to court to apply fines against Poland re nature protection

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More from @StevePeers

Steve Peers Profile picture
17 Feb
It may well be the case that the UK govt tactic of talking to Member States about this, instead of the EU, has a political motive - ie avoiding the appearance of renegotiating the Brexit deal as such. But there's also an ironic legal angle. 1/
2/ If the issue is seen as an aspect of market access for services - which is how the *UK govt* framed it during the Brexit deal talks - then it's an EU exclusive competence. That means individual Member States can't negotiate with non-EU countries without EU authorisation.
3/ If the issue is seen as an aspect of visa policy - which is how the *EU* framed it during negotiations - then it's not an EU exclusive competence, because EU law leaves it to Member States whether to require a visa for paid activities during a short-term stay.
Read 6 tweets
Steve Peers Profile picture
16 Feb
A quick explanation of this latest development re the pending cases on whether UK citizens have lost EU citizenship, then a bonus prize at the end.
Last year three cases (Shindler, Silver and Price) were brought directly against the EU Council for allegedly wrongly concluding the withdrawal agreement, on the grounds that it arguably "deprived" UK citizens of EU citizenship.
Challenges brought by individuals against EU institutions go to the EU General Court. Its judgments can be appealed to the CJEU.

Subsequently French courts asked the CJEU similar questions about UK citizens and EU citizenship.
Read 6 tweets
Steve Peers Profile picture
11 Feb
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…
Read 4 tweets
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

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