EU Council agrees on decision concluding the Brexit deal, and officially asks the European Parliament for its consent: consilium.europa.eu/en/press/press…
Links to the agreed text of the decision on conclusion, which differs from the Commission proposal. Some points 1/
2/ The Council agrees that the EU alone, *not* the EU and its Member States, will be a party to the Brexit deal. So no ratification by national parliaments, Walloons etc. Agrees with its legal service on this point. Text of the legal service opinion: eulawanalysis.blogspot.com/2021/01/the-br…
3/ Council agrees to approve the treaty on the EU side as an association agreement. This means it needs a unanimous vote of the Member States and consent of the European Parliament, which has not voted yet. Remember the withdrawal agreement is a separate treaty, already in force.
4/ Commission reports on the treaty must include details on UK subsidy, tax, labour and environmental standards. (The Council added this bit).
5/ A limited power for Member States to negotiate bilaterally with the UK on certain aviation issues. There's a similar provision for tax cooperation and social security. The Commission would decide on whether such treaties could be concluded.
6/ Member States may also negotiate bilaterally with the UK in areas outside the scope of the treaty (readmission of EU and non-EU citizens, for instance), subject to a requirement to inform the Commission.
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AG opinion: employer rule banning large-scale displays of faith, likely to apply to headscarves among other such displays, is not a breach of EU equality law: curia.europa.eu/jcms/upload/do…
CJEU, data protection law
New judgment: Spain must pay €15 million for failure to apply EU law on data protection in law enforcement by the deadline, and €89k/day as long as this failure persists: curia.europa.eu/jcms/upload/do…
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
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
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.
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.
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…
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?