New AG opinion: a person with asylum in one Member State can apply for asylum in another Member State in exceptional cases, ie where the first Member State is unsafe, taking account of whether they have a family member in the second Member State
New AG opinion: excluding domestic workers from unemployment benefit is indirect discrimination as they are mostly women; attempts to justify it should fail as they are based on gender stereotypes
New AG opinion on reference from Northern Ireland court clarifies when comprehensive sickness insurance requirement applies re EU citizens: curia.europa.eu/juris/document…
The national court doesn't ask this but AG suggests that NHS cover meets the CSI requirement
AG doesn't want to say more about CSI/NHS as he thinks the national court can't ask the CJEU further questions about this after Brexit (para 60)
But (with respect) this is wrong - the CSI rule still applies under the withdrawal agreement, and CJEU still has jurisdiction there
The AG also wisely refers to an article by @sylviademars on the CSI issue...
CJEU, foreign policy
New AG opinion: CJEU has jurisdiction to interpret staff rules in EU foreign policy measures - clarifies who can be sued in event of an employment dispute brought by staff of EU missions (in this case, in Kosovo) - curia.europa.eu/juris/document…
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EU Commission proposes partial suspension of visa facilitation treaty re Belarus - ec.europa.eu/commission/pre…
Suspension would apply to Belarus officials, not general population. Follows Belarus suspending readmission treaty and pushing migrants/refugees to EU borders.
Other EU migration developments today: Commission reports on Asylum/Migration Action plan; report on employer sanctions directive; updated anti-smuggling plan - ec.europa.eu/commission/pre…
More on migration and sanctions - text of the sanctions re visa facilitation which the Council is about to adopt to punish The Gambia for non-cooperation on readmission - data.consilium.europa.eu/doc/document/S…
Proposals for sanctions on Iraq and Bangladesh on same grounds also under discussion
I've seen a paper from the Slovenian Council presidency which seeks to carve out another one of the proposals for revised EU asylum law from the package of proposed new laws
(This has already been done for the revised EU asylum agency law)
2/ The suggestion now is to carve out the proposal for a revised law on 'Eurodac' - the EU asylum database.
At the moment it stores limited data on asylum seekers and irregular border crossers. The proposal would involve keeping far more data on more people ->
3/ In particular, it would collect data on:
- everyone over 6 (the current cut-off is 14)
- irregular migrants detected *on* the territory, not just at the border
- photos, names etc (currently just fingerprints are kept)
Time limits for storage of data would be increased
New judgment - one of final remaining UK cases - reference from Supreme Court - on food standards and judicial review: curia.europa.eu/juris/document…
CJEU, external relations law
Commission wins case against Council re adoption of EU position on implementation of treaty with Armenia - the treaty is mostly not about foreign policy: curia.europa.eu/juris/document…
This was the case where the lawyer got headlines by talking about "fraud" (which wasn't really what was being alleged): belfasttelegraph.co.uk/news/brexit/co…
Like the lawyer in the challenge to the NI protocol talking about "Vichy", grandstanding doesn't necessarily help litigants