The Spectator piece is by a barrister who blocked me for pointing out that he was falsely claiming that the withdrawal agreement was temporary. On this issue, the Brexit deal is separate from the withdrawal agreement, which does not have a human rights/rule of law break clause.
As for the Brexit deal, the human rights/rule of law break clauses mostly concern criminal law. There is an "essential elements" clause referring to the entire treaty, but it's subject to a high threshold to use it: eulawanalysis.blogspot.com/2021/01/analys…
See also my recent thread on human rights and the Brexit deal -
The subtitle "lets Britain change the Brexit deal" implies that it can be changed unilaterally, which is obviously false. (The author may not have written the headline; but there's no excuse for legal nonsense in a headline no matter who wrote it)
This is incorrect: the TCA and the withdrawal agreement are different treaties, and there is no provision for suspension of the Northern Ireland protocol due to rule of law concerns.
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EU Commission statement in response to Polish constitutional tribunal judgment
I've seen a suggestion that the Polish constitutional judgment should be interpreted as an Article 50 notification of withdrawal from the EU. This is unconvincing. The judgment (in the translated excerpts I have seen) does not state an intention to withdraw. 1/
2/ Nor AFAIK is it notified to the European Council, as required by Article 50(2) TEU. Thirdly, international law (the Vienna Convention on the law of treaties, which the CJEU has used to interpret Article 50) requires a notification from a senior government member.
The TCA includes a reference to the importance of giving domestic legal effect to the ECHR in the criminal law part of the TCA. However, repealing the HRA would not automatically terminate the treaty as a whole or its criminal law part. 1/
2/ Nor is there a fast-track route to termination of the TCA, or its criminal law part, explicitly on the ground that the UK repeals the HRA.
3/ If, on the other hand, the UK denounced the ECHR, or the protocols to the ECHR which the UK has ratified, there is a fast track to terminate the criminal law part of the TCA.
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
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