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12 Jul, 4 tweets, 2 min read
CJEU, new cases I

Are the requirements of free movement law for sufficient resources and comprehensive sickness insurance indirectly discriminatory against disabled people? Image
CJEU, new cases II

Asylum law: what's the impact of the pandemic on transfer of asylum seekers under the Dublin system? Image
CJEU, new cases III

Can the transfer of asylum seekers be challenged on the grounds that the Member State which the asylum seeker will be transferred to will remove him/her to an allegedly unsafe non-EU country? Image
CJEU, new cases IV

Does the refugee law rule of protection from persecution on grounds of political opinion apply to corruption in a non-EU country ? Image

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More from @StevePeers

Steve Peers Profile picture
3 Jul
This is a thoughtful read from DAG about the nature of rules. Let me add a few comments about humour, literature and education.
First of all, as many literary characters (such as Mrs Malaprop) have taught us, it's inherently funny if someone uses the wrong bird.

Even more so, if the person concerned is demanding unquestioning obedience and advocating the strictest educational standards.
In this case, a particular children's classic sprung to mind: Matilda.

(Or, as some headmistresses might call it, Godzilla)
Read 7 tweets
Steve Peers Profile picture
30 Jun
EU Commission statement on relations with Northern Ireland - note that it covers a number of issues, not only sausages
The Commission mentions that one change to EU law re livestock and Northern Ireland has already been adopted. Here's the text.
Here's the text of the UK unilateral declaration on chilled meats and Northern Ireland
Read 4 tweets
Steve Peers Profile picture
30 Jun
Summary of today's judgment on the judicial review of the NI protocol now published: judiciaryni.uk/sites/judiciar…
Judge applies Godwin's Law
I've updated my collection of Brexit litigation re the judgment on the NI protocol - also recently updated re other cases too (Welsh govt challenge to Internal Market Act, EU citizens' status in the UK, Western Sahara group challenge to UK/Morocco FTA): eulawanalysis.blogspot.com/p/litigating-b…
Read 4 tweets
Steve Peers Profile picture
24 Jun
Today's CJEU Advocate General's opinion on benefits for EU citizens with pre-settled status is now available in English -
curia.europa.eu/juris/document…
Short summary of the AG opinion.

First, it's not solely about EU citizens in the UK, but would apply to EU citizens who have moved between the remaining Member States too.
Secondly, it concerns equal treatment for benefits for those who are lawfully resident on the basis that national law treats them more generously than EU free movement law requires them to as regards lawful residence.
Read 9 tweets
Steve Peers Profile picture
23 Jun
Some points on the Commission's letter to Hungary re its LGBT law

First of all, it's not explicit what the next step would be, although it's implied that the next step would be infringement proceedings against Hungary, if the law enters into force.

On the substance, the letter is carefully drafted. Yes, the EU Charter provides for non-discrimination on grounds of sexual orientation, but the Charter, as confirmed by case law, applies to Member States only where they are implementing EU law.
Hence the need for the Commission to argue that the Hungarian law would affect free movement of services and the EU's e-commerce and audio-visual services Directives.
Read 8 tweets
Steve Peers Profile picture
22 Jun
CJEU, copyright law - big judgment on the legal position of YouTube
CJEU, external relations law

New judgment: Non-EU countries have standing to sue in the EU courts, where they meet the criteria for other natural or legal persons to have standing: curia.europa.eu/jcms/upload/do…
In this case, Venezuela has standing to sue against EU sanctions.
Some points:
- this doesn't mean Venezuela has won its challenge on the merits; this was purely about standing, and the case on the merits remains open
- this isn't limited to foreign policy sanctions, ie UK, US etc could challenge trade measures if they meet standing criteria
Read 12 tweets

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