1/ From leaked documents - the EU is planning two further statements when it concludes the Brexit deal this week. Most remarkable is this - the EU will terminate criminal law cooperation under the deal if the UK denounces the ECHR or guts the Human Rights Act.
2/ In the case that a data protection adequacy decision is ended, it's *possible* that the EU will end criminal law cooperation under the deal as a whole ("where necessary").
3/ This implements the option under the Brexit deal for either side to terminate the criminal law part in the event that the UK or any Member State denounces the ECHR or any of the three protocols referred to. I discuss that further here: eulawanalysis.blogspot.com/2021/01/analys…
4/ If it happened this wouldn't end all criminal law cooperation between EU Member States and the UK - there are other international treaties on extradition, for instance. But these are less far-reaching. And denouncing the ECHR might mess with their application too.
5/ The other new statement. The Council is irritated by the promises that the Commission will make to the European Parliament re monitoring implementation of the agreement.
6/ What is the Council annoyed about? I haven't seen the Commission statement. But the gist of it is set out in the resolution approving the Brexit deal that the EP will vote on tomorrow.
7/ The Council is also going forward with four other statements agreed already in February. Here's the text with my discussion in this earlier thread. They concern implementation, fisheries, and equality of Member States. HOWEVER...>
8/ The previously agreed statements have been amended. The fisheries text now refers to possible retaliation if there's no agreement.
9/ And the "level playing field" statement now contains more text on subsidies. Every sentence after the first one has been added.
10/ No, there's nothing in the statements relating to implementation of the NI protocol or any other part of the withdrawal agreement.
11/ EU Member States' representatives due to approve conclusion of Brexit deal without discussion Wed morning - data.consilium.europa.eu/doc/document/S…
The final sign-off will be by national ministers by written procedure.
12/ Here's the full text of the Commission's statement to the European Parliament re its role in implementation of the Brexit deal (h/t @POLITICOEurope) - politico.eu/wp-content/upl…
13/ European Parliament vote in favour of the Brexit deal - still needs the formal step of conclusion by the Council (Member States' ministers) -
Member States' permanent reps due to sign off and forward to ministers later this morning.
14/ Full text of the European Parliament resolution on EU/UK relations adopted alongside giving consent to the Brexit deal: europarl.europa.eu/doceo/document…

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More from @StevePeers

22 Apr
A side point to the EP scheduling its vote on the Brexit Trade and Cooperation Agreement next Tuesday: the finalised text of the treaty was drawn up this Monday. The weird numbering was fixed (the treaty Articles are now numbered 1-783). Perhaps some minor text amendments too. 1/
2/ Here's the trade part of the final TCA - Articles 1-521: data.consilium.europa.eu/doc/document/S…

Security, dispute settlement etc, Arts 522-783: data.consilium.europa.eu/doc/document/S…

Annexes 1-18: data.consilium.europa.eu/doc/document/S…

Annexes 19-30: data.consilium.europa.eu/doc/document/S…

Annexes 31-49: data.consilium.europa.eu/doc/document/S…
3/ Protocols to the final TCA: data.consilium.europa.eu/doc/document/S…

All of this is now equally available in other EU languages (not just English, as it was back on Christmas Eve). See: consilium.europa.eu/en/documents-p…
Read 4 tweets
15 Apr
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
Read 10 tweets
8 Apr
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
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
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
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

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