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26 May, 4 tweets, 2 min read
Summary of the Court of Appeal judgment on the immigration exception in data protection law
Full text of the Court of Appeal judgment on the illegality of the data protection exception in immigration law - well done to @the3million and @OpenRightsGroup - bailii.org/ew/cases/EWCA/…
Important not to overlook the *all* migrants point - the legal challenge was (jointly) brought by an EU citizens' group on the basis of EU law, but the illegality of the immigration exception to data protection law is also relevant to non-EU migrants:
I've updated my collection of Brexit litigation, with links to today's judgment on the immigration exception in data protection law, plus the recent Heathrow Airport judgment on the Brexit trade deal and WTO law: eulawanalysis.blogspot.com/p/litigating-b…

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More from @StevePeers

Steve Peers Profile picture
25 May
Remember this? When I debunked a viral FB post with crazy claims about EU law?

People often asked me who was the source of this stuff. Well...
...I haven't found out the source of *those particular* crazy claims. But thanks to @EmporersNewC I have some news about some *similar* crazy claims.
Last night someone tried to prove that FB post was correct by er, just quoting it again. But then she linked to the "eutruth" website. I followed the link and...
Read 28 tweets
Steve Peers Profile picture
24 May
UK government strategy paper on immigration policy now published -
gov.uk/government/pub…
One headline yesterday said EU citizens would be subject to travel authorisation. Misleading as some form of travel authorisation will apply to *all* visitors, except UK and Irish citizens.
There are no further details besides the scope and planned date of the rollout. Note that similar systems in the EU, US and Canada provide for a travel authorisation valid for several years, ie no need to apply for each visit during that period.
Read 6 tweets
Steve Peers Profile picture
20 May
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...
Read 4 tweets
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

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