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/…
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).
4/ If the challenge is successful and the flaw isn't fixed, extradition between the UK, Ireland and Denmark can still arguably take place on the basis of the Council of Europe extradition treaties, although these do not go as far as the EAW/TCA arrangements to simply extradition.
5/ There's already a direct challenge to the legality of the TCA on these grounds, but it faces standing problems. A request from a national court does not face such problems. Fast track cases are usually decided by the CJEU in about 4 months.

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More from @StevePeers

20 Jul
EU Commission proposal for mandate to negotiate with UK re negotiations with Gibraltar. The text of the proposed mandate is not yet published. Image
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.
Read 11 tweets
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:…

Text of Convention:…
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
Read 4 tweets
15 Jul
Thread on today's infringement proceedings developments

Commission starts infringement process against Hungary and Poland re LGBT rights
- 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
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
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? 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
Read 4 tweets
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

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