Thread on today's infringement proceedings developments
Commission starts infringement process against Hungary and Poland re LGBT rights
Note:
- the process has to go through further steps before reaching the CJEU
- the complaints are linked to alleged breaches of EU law, not every aspect of the national law
- case against Poland is about failure to cooperate, not the underlying law as such
Commission brings Hungary to CJEU for breach of asylum procedures law
(If the facts are correct this is an obvious breach of the law, unless the court is willing to accept Hungary's invention of a public health exception to it)
Fair trial rights: further steps against Member States allegedly breaching EU law on suspects' access to a lawyer in criminal cases
Home affairs law - including Italy brought before the CJEU for alleged breach of law on data exchange; other Member States allegedly not applying EU counter-terrorism law
Link to the rest of the infringement proceedings developments - including environmental law and internal market law cases ec.europa.eu/commission/pre…
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Thread on today's end of term judgments of the CJEU
First, the press release on the latest judgment to find that judicial independence has been compromised in Poland
An infringement proceedings judgment can be enforced by going back to the CJEU and asking it to impose fines in the event of non-compliance. The judgment might also be relevant to applying the EU law linking rule of law breaches with EU funding.
CJEU, employment and equality law
Press release - today's judgment on employer prohibition on headscarves at work
Are the requirements of free movement law for sufficient resources and comprehensive sickness insurance indirectly discriminatory against disabled people?
CJEU, new cases II
Asylum law: what's the impact of the pandemic on transfer of asylum seekers under the Dublin system?
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?
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…
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…
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.