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15 Apr, 10 tweets, 4 min read
CJEU, asylum law

New judgment on the right to an effective remedy for an asylum seeker challenging a Dublin Regulation transfer
CJEU - new AG opinion on independence of Hungarian judges and substantive questions about fair trial rights of criminal suspects if interpretation is allegedly inadequate
CJEU, same sex marriage and free movement law

AG opinion says child of same sex parents must receive passport but not necessarily birth certificate
Full text of the AG opinion on same sex parents, children and free movement law:
curia.europa.eu/juris/document…
One of the mothers in this case is a UK citizen, but the UK says that the child is not a UK citizen. So therefore the AG opinion doesn't deal with the issue of whether UK citizens retain EU citizenship. (I deleted a prior tweet which was incorrect on this point)
Another AG opinion, urging a rethink of a key EU law rule (when final national courts are obliged to ask the CJEU to interpret EU law)
Here's what the AG says should be the new rule on when final courts have to ask the CJEU questions on the interpretation of EU law.
CJEU, consumer/health law and media law - not about coronavirus but obviously relevant by analogy
Here's the false health claim at issue. Who among us has not applied horseradish for five hours, following the advice of a tabloid?
But newspapers are still at risk of *some* product liability...

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More from @StevePeers

Steve Peers Profile picture
8 Apr
There's no beginning to her integrity.
What if the real Brexit was all the falsehoods from Kate Hoey along the way?
Here's Kate Hoey tweeting a doctored press release
Read 7 tweets
Steve Peers Profile picture
28 Mar
Claudia Webbe is not currently a Labour MP, as @TanjaBueltmann correctly pointed out. Yet rather than correct his error, Mr Neil goes for mindless ad hominem.
The thing about Andrew Neil's tweet is not just its inaccuracy - or his subsequent doubling down and ad hominem.

It's that it's simply just basic mediocre partisan journalism.
A little bit of journalistic activity would have shown that the Labour shadow home secretary has done a 'both sides' tweet, while MPs broadly on the Labour left have been more critical of the police - although their tone is quite different from Claudia Webbe's.
Read 5 tweets
Steve Peers Profile picture
4 Mar
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)
Read 5 tweets
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

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