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Steve Peers

20 Jul, 11 tweets, 3 min read

EU Commission proposal for mandate to negotiate with UK re negotiations with Gibraltar. The text of the proposed mandate is not yet published.

Note that this is a proposal for the Council (ie Member States) to give the Commission the authority to negotiate on behalf of the EU. If the Council gives the mandate, any treaty, if negotiations were successful, would need to be agreed with the UK ->

...and also approved by both the Council and the European Parliament. It's not clear if national parliaments of Member States would need to approve it.

Full text of the proposed negotiation mandate re Gibraltar here:
ec.europa.eu/info/publicati…

Lots of details on borders and immigration issues. Gibraltar government objects to Spanish government doing such checks, but the press release notes that Spain has asked for assistance from Frontex.

Rules on asylum responsibility - which otherwise are non-existent between the EU and UK.

Excerpts re level playing field - similar to EU starting position re the TCA, which was eventually subject to a compromise

Free movement of goods: a customs union with the EU, including alignment on EU internal market law relating to goods

Rules on cross border work between Spain and Gibraltar

Dispute settlement: CJEU jurisdiction over Gibraltar where there's a reference to EU law; independent arbitration but the arbitrators must send any EU law questions to the CJEU; penalties for non-compliance including interim measures (stronger than most of the TCA)

https://twitter.com/FabianPicardo/status/1417527798516813824?s=19

Negative response from the UK and Gibraltar governments

https://twitter.com/FabianPicardo/status/1417527798516813824?s=19

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More from @StevePeers

Steve Peers

@StevePeers

21 Jul

Irish Supreme Court will ask CJEU about legality of continuing extradition from Ireland to the UK post-Brexit - note there will be a request to fast track the case 1/
courts.ie/viewer/pdf/4d0…

2/ The issue: whether Ireland should have had a separate opt in process re the European Arrest Warrant/extradition provisions of the withdrawal agreement and the TCA. (The point is relevant by analogy to other justice and home affairs provisions of these treaties, and to Denmark)

3/ If the challenge is successful the CJEU might argue that its judgment has limited temporal effect, cf the Bosman football judgment, to give time to fix the legal flaw. (Opt in for Ireland, separate treaty with Denmark).

Read 5 tweets

Steve Peers

@StevePeers

16 Jul

More on today's proposal for the EU to sign up to the Hague Judgments Convention.

This would speed up recognition of civil judgments between the EU and any non-EU countries that sign up - which could include the UK, filling some of the gap left by Brexit in this area. 1/

So far, however, no countries have ratified the treaty, and only three countries have signed it (Israel, Uruguay, Ukraine). The EU's involvement may encourage more, however.

Background EU docs: ec.europa.eu/info/policies/…

Text of Convention: hcch.net/en/instruments…

https://twitter.com/TacovanderValk/status/1390008098581012486?s=20

As the Hague Convention isn't exactly the same as EU law in this field, note that even if the UK signs up as well as the EU, it won't be the same as EU membership - here's one example

https://twitter.com/TacovanderValk/status/1390008098581012486?s=20

Read 4 tweets

Steve Peers

@StevePeers

15 Jul

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)

Read 6 tweets

Steve Peers

@StevePeers

15 Jul

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

Read 17 tweets

Steve Peers

@StevePeers

12 Jul

CJEU, new cases I

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?

Read 4 tweets

Steve Peers

@StevePeers

3 Jul

https://twitter.com/davidallengreen/status/1411380368616394760

This is a thoughtful read from DAG about the nature of rules. Let me add a few comments about humour, literature and education.

https://twitter.com/davidallengreen/status/1411380368616394760

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.