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4 Mar, 5 tweets, 2 min read
CJEU, rule of law

AG opinion - Romanian decisions re judiciary did not infringe principle of judicial independence, but do infringe EU rules re fraud against EU budget: curia.europa.eu/jcms/upload/do…
CJEU, football and State aid

New judgment: CJEU upholds Commission decision that special tax regime for FC Barcelona and three other Spanish clubs was illegal State aid: curia.europa.eu/jcms/upload/do…
CJEU, environmental law

New judgment: UK breached air pollution law re large parts of the country: curia.europa.eu/juris/document…

(CJEU retains jurisdiction to rule on cases involving the UK brought before end of the transition period)
More precisely - CJEU ruled today that UK breached nitrogen oxide limits re Greater London, West Midlands, Greater Manchester, W Yorkshire, Teesside, the Potteries, Hull, Southampton, Glasgow, Eastern England, South East, E Midlands, NW & Merseyside, and the North East
CJEU, immigration law

New judgment: Member State can issue a residence permit to a non-EU citizen on grounds of family life, even if another Schengen state has issued an alert to refuse him entry: curia.europa.eu/juris/document…

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More from @StevePeers

Steve Peers Profile picture
3 Mar
EU reacts to latest UK unilateral measures re the Northern Ireland protocol. States that they are a breach of the withdrawal agreement and that it will react using the "legal means" in that agreement and the Brexit deal.
What are those "legal means"? The EU reacted to the internal market bill by starting an infringement procedure for breach of EU law. That was during the transition period; the position re dispute settlement under the withdrawal agreement has since changed.
Since Jan 1st, the main means of settling disputes about the withdrawal agreement is its dispute settlement system. A party which thinks that the other side is in breach holds consultations, then goes to arbitration if there's no settlement.
Read 18 tweets
Steve Peers Profile picture
27 Feb
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.
Read 6 tweets
Steve Peers Profile picture
25 Feb
CJEU, asylum law

AG opinion: Hungary is in breach of EU law by criminalising assistance to asylum-seekers: curia.europa.eu/jcms/upload/do…
CJEU, non-discrimination on grounds of religion

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…
Read 6 tweets
Steve Peers Profile picture
18 Feb
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
Read 10 tweets
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

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