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20 May, 4 tweets, 2 min read
CJEU, rule of law

New AG opinion: minister's power to remove secondment of judges to higher courts in Poland breaches judicial independence: curia.europa.eu/jcms/upload/do…
CJEU, asylum law

New judgment: EU Member States cannot reject an asylum application as inadmissible simply because Norway previously rejected it - curia.europa.eu/jcms/upload/do…
Although Norway applies Dublin rules, crucial point for CJEU is that it does not apply *other* EU asylum law
EU courts, pandemic law I

Legal challenge to EU approval of AZ vaccine: curia.europa.eu/juris/document…

(nb same applicant has already challenged EU approval of two other vaccines - so this is is *not* directed against AZ as such)

Potentially lacks standing to sue...
EU courts, pandemic law II

Challenge to Commission's refusal to give access to documents re negotiations on Pfizer vaccine: curia.europa.eu/juris/document…

Case will likely turn on interpretation of the 'commercial interests' exception in EU access to documents law

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More from @StevePeers

Steve Peers Profile picture
18 May
Falsehood from Lord Frost. Waiving a visa requirement for short stays involving paid activities falls far short of free movement of people.
Lord Frost has been the chief Brexit negotiator for some time. It's hard to believe such a basic error is accidental. Whether it's gross incompetence or a deliberate lie, either should disqualify him from his post.
The problem with Brexity untruths isn't merely historical. They are now being deployed by these fanatics to damage any prospect of a closer relationship with the EU *as a non-EU country* - even if it damages a British industry, as it does here.
Read 5 tweets
Steve Peers Profile picture
18 May
German constitutional court backs off further challenge to European Central Bank following last year's judgment
Key reasons for the ruling in the press release - ECB and German government and Parliament have done enough to address concerns in the previous judgment
Very good summary of the legal background to today's ruling in this thread
Read 4 tweets
Steve Peers Profile picture
17 May
Folks who hate the EU arguing in a non-EU court that the EU has breached EU law. The interesting wrinkle though is that courts in the UK *can* refer questions relating to much of the Protocol to the CJEU.
In fact, arguably UK courts *must* refer questions about the protocol's compatibility with EU law to the CJEU, if they think it's invalid. That's the obligation for EU courts (Art 267 TFEU & case law), and the protocol extends Art 267 to UK courts re much of the protocol.
As for the human rights points, the freedom of expression (Art 10 ECHR) point is weak for reasons set out here -
But the free elections point (Art 3, protocol 1 ECHR) is sounder - cf Matthews v UK, where Gibraltar residents ought to get a vote re EU law.
Read 12 tweets
Steve Peers Profile picture
13 May
Time for a deep dive into the details of and issues in the Higher Education (Freedom of Speech) Bill

Might be a longish thread - sorry
Here's the bill - bills.parliament.uk/Publications/4…

Govt memorandum - bills.parliament.uk/Publications/4…

Explanatory notes - bills.parliament.uk/Publications/4…

Impact assessment - bills.parliament.uk/Publications/4…

Delegated powers memo - bills.parliament.uk/Publications/4…
I'll be referring to the bill, the memorandum, and the explanatory notes.

The notes say (para 63) that the govt 'is publishing an ECHR memorandum which explains in detail its assessment of the compatibility of the Billʹs provisions with the Convention rights'

No sign of it yet
Read 60 tweets
Steve Peers Profile picture
12 May
The bill would protect invited speakers, but does not require them to be invited.
Here are the key obligations for higher education providers. There are similar provisions on student unions.
Here's a transcript of the minister's comments. She does *not* seem to be suggesting that Holocaust deniers etc *must* be invited to speak...
Read 4 tweets
Steve Peers Profile picture
12 May
Bill to repeal the Fixed Term Parliament Act now published (PDF link works, HTML version doesn't yet) -
bills.parliament.uk/bills/2859
The text of the bill fits into a single screenshot
(Leaving aside the schedule of consequential amendments to other legislation, which is seven pages)
Read 4 tweets

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