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13 Jun, 5 tweets, 2 min read
False, as a matter of international law - see the Vienna Convention on the Law of Treaties Image
Brexiters now seek to deny the existence of basic precepts of international law - but they were happy to invoke the Vienna Convention when it suited them
More actual international law analysis re breach of the withdrawal agreement here, unless you prefer Lord Grenfell's Brexity fanfic -
eulawanalysis.blogspot.com/2020/02/how-do…
"I know nothing about international law, so here's some word salad"
Lord Grenfell has as much grasp of international law as he does of international relations

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Steve Peers Profile picture
14 Jun
Last week's ruling of the EU General Court that one of the cases about British citizens retaining EU citizenship is inadmissible is now public:
curia.europa.eu/juris/document…
This is the ruling I discussed in this thread:
Ah, this is new information - a *second* case challenging the withdrawal agreement for allegedly "taking away" EU citizenship from UK citizens was *also* dismissed as inadmissible last week - curia.europa.eu/juris/document…
This is the case of Harry Shindler (WWII vet) and others. AND...
Read 5 tweets
Steve Peers Profile picture
10 Jun
CJEU, asylum law

New judgment clarifies when civilians fleeing armed conflict (in this case, in Afghanistan) can claim subsidiary protection due to a "serious and individual threat" to their life or person - interpreting the test broadly
CJEU, asylum law II

New judgment - Dutch law is not compliant with EU law where an asylum seeker makes a repeat asylum application, as it's too strict about how to define new evidence which can justify the new application: curia.europa.eu/juris/document…
CJEU, immigration law

New judgment - Austrian law requiring German-language proficiency in order to get housing benefit is in breach of EU law on long-term resident non-EU citizens (though not EU race equality law): curia.europa.eu/juris/document…
Read 4 tweets
Steve Peers Profile picture
9 Jun
New ruling of the EU General Court yesterday on whether UK citizens retain EU citizenship. It's not published yet but Julien kindly sent it to me, so I will summarise in this thread.
This is one of three cases directly challenging the validity of the withdrawal agreement (or rather, the Council decision concluding it) in the EU General Court. There are also two cases on the same issue sent to the CJEU from French courts.
The EU General Court said that this case was inadmissible because the applicant lacks standing to sue directly. Therefore it did not rule on the merits of the case.
Read 12 tweets
Steve Peers Profile picture
9 Jun
The latest infringement proceedings brought by the EU Commission. Lots of developments in different areas, but here's some highlights...
ec.europa.eu/commission/pre…
Commission starts infringement proceedings against Germany due to national constitutional court refusing to accept primacy of EU law re ECB decisions
Commission starts infringement proceedings against three more Member States re EU law on racist hate speech and Holocaust denial
Read 8 tweets
Steve Peers Profile picture
3 Jun
CJEU, rule of law

Hungary's legal challenge to the European Parliament triggering "rule of law" proceedings is admissible but fails on the merits, as the EP calculated votes correctly. (However, the Council has not acted on the EP's resolution...)
CJEU, sex equality law

New judgment in Tesco case comparing pay of workers in shops to other workers - cases pending against other supermarkets too - one of final cases from UK
Hungarian government's dog whistle rant about Soros, immigration (the EP resolution included many other rule of law issues), and EP breaking its own rules proved unfounded
Read 6 tweets
Steve Peers Profile picture
26 May
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:
Read 4 tweets

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