As for the reference to "decades" here - Vote Leave put out a paper projecting Turkey and other countries joining in 2020 with no transition period for free movement: theguardian.com/politics/2016/…
Not everything is your blog, there's a limit to how much you can try to change history
Also this complete falsehood: the actual FACT ✅ is that the EU proposal to drop the short term visa requirement for Turkey would not have applied to the UK due to its opt outs
As @JMPSimor has pointed out, this is a false claim from Cummings about Vote Leave's breach of electoral spending law. Vote Leave in fact dropped its appeal against the fine imposed against them for their unlawful spending. 1/2
2/ Vote Leave was successful in a separate appeal against the EC to the Court of Appeal, but that doesn't affect the original finding of unlawful spending by Vote Leave, as Cummings falsely implies. electoralcommission.org.uk/electoral-comm…
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).
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.
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.
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
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)
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