As the below piece from @ChathamHouse is called an ‘expert’ piece then its claims are worth taking a look at @BrigidLaffan
1. Let me begin where the article ends which is that law as a major tool of European integration may be coming to an end-inaccurate & not backed by evidence. Legislative programme around Green Deal alone major. @BrigidLaffan
2. Stylised account of ‘integration through law’ which was at its zenith during the single market early years & has not been the driver of EU integration for well over 15 years. Politicisation has happened. @BrigidLaffan
3. Treatment of what is happening in Poland is extraordinary. Although the piece acknowledges that there are important differences between the BfG judgements & what is happening in Poland, the piece is arguing that there is a generalised counter-revolution. @BrigidLaffan
4. Also very lazy labelling fo those who argue that the rule of law issues in Poland are fundamental & different. Dismissed as pro-Europeans -disrespectful to all those EU lawyers who know their stuff. Take on their arguments & stop labelling. @BrigidLaffan
5. Then there is an extraordinary claim which reads ‘institutions such as the ECJ have the final say about the quality of democracy in the member states’ -I would like some evidence of case law to back up this claim. @BrigidLaffan
6. Interestingly no concern at all re. the impact on the democratic fabric of Poland of the onslaught on the independence of the judiciary by an authoritarian government. @BrigidLaffan
7. To sum: law as a tool of EU public power will continue to be a major instrument. ‘Integration through law’ as dominant driver of integration ended some time ago. Union’s legal order is experiencing considerable turbulence & developments in Poland are the most serious

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More from @BrigidLaffan

7 Jun
Why Number 10 spin on Northern Ireland must be pushed back. David Frost has taken to writing increasingly strident articles on protocol in recent times @FCDOGovUK need to remind number 10 about the history of GFA if they have not lost all historical memory @BrigidLaffan
1. Writing in @FT claims that ‘overriding priority of protecting GFA’- difficult to accept from @BorisJohnson led Gov. 29 Feb 2016 Johnson said re. Border & Brexit ‘I think the situation would be absolutely unchanged’. He was laying then & also lied to @duponline @BrigidLaffan
2. Brexiteers in general refused to acknowledge the problems that Brexit would cause so Mr. Frost you have a credibility problem. Theresa Villiers who was then Sec of State for N. irl said back then ‘current trade would be unhindered following the vote’ . @BrigidLaffan
Read 8 tweets
2 Jun
Border on the island of Ireland was always going to be a central issue in #Brexit fallout not just because of the complexities of SPS & checks but because #Brexit runs counter to the sovereignty practices that emerged from Good Friday Agreement (GFA) @BrigidLaffan
2. GFA evolved from deep re-examination of political structures that evolved from Irish Nationalism & Unionism. Political identities, citizenship & states were refashioned by commitments & institutions of GFA. #Brexit is the opposite. @BrigidLaffan
3. @Number10 @BorisJohnson @DavidGHFrost cannot grasp novelty/innovation & genius that lies behind design. Absolutist concept of sovereignty is incompatible with GFA & Ireland pays a heavy price for English exceptionalism & crude grasp of complex political orders @BrigidLaffan
Read 4 tweets
17 May
My ttakeaways from @DavidGHFrost engagement with HoC committee today. 1. #HMG has discovered the Good Friday Agreement. Mentioned more often today than by the Leave campaign or his political master @BorisJohnson during ref. @BrigidLaffan
2. Frost says that U.K. 100% behind GFA. Anything that undermines it a problem for London. Impact of Protocol more unsettling & stronger than ‘we thought’ would happen. Wow when the dogs in the street knew the potential damage of Brexit for island of Ireland.@BrigidLaffan
3. When asked if temporary SPS alignment would be considered which really would make a difference-@DavidGHFrost says no. Why because of the search for trade agreements-U.K. must be in control. @BrigidLaffan
Read 7 tweets
30 Apr
2 observations following a number of academic & policy exchanges on Brexit this week.1. Almost all UK commentators-academic, official & political now argue that EU needs to re-think its approach to third country neighbours-few of them were making case when UK a MS @BrigidLaffan
This call is because reality of 3rd country status begins to bite & however desired by hard Brexiteers, it sits uneasily with almost 50 years of membership. 2. Brexit is seen as the ultimate benchmark for EU by many in U.K., most recently by @GoodwinMJ last night. @BrigidLaffan
What kind of benchmark is Brexit? U.K. is 1 medium sized state while EU remains dominant economic power in Europe. All neighbours have to adjust to its presence not the other way around & all European third countries benefit from the public goods supplied by EU. @BrigidLaffan
Read 5 tweets
7 Apr
Lots of discussion in my timeline on the imbalanced nature of N.Irl Protocol-a nationalist solution & a weakness of British statecraft according to @TomMcTague & a miscalculation re. protection of single market @SirSocks @BrigidLaffan
1. No appreciation of the consequences of U.K. decision to leave EU for island of Ireland. Not a live issue in the ref campaign & UK negotiators did not fully grasp the complexity of issues until well after ref. @BrigidLaffan
2. Theresa Villiers when still SOS for N. irl. Week after ref says ‘we can keep a border that is as open & free-flowing as it is today’ -she was correct but her idea of how that could be achieved was way off @DefraGovUK @BrigidLaffan
Read 10 tweets
11 Feb
This is the second time in one week that I have to engage with something written by a British academic on their assessment of Brexit & Ireland. In this case @HelenHet20 in @NewStatesman 🧵
1. @HelenHet20 Europe’s vaccine crisis has revealed the true nature of the EU?? Ireland has been a member state since 1973, has had more refs on EU topics than any other country & thus its political & administrative elite knows & understands EU @BrigidLaffan
2. Said elite & electorate never idealised EU-small states are acutely aware of limits of their power & deploy capacity with care-the Swedes coined the term smart states. Small states understand they have to be smart. @BrigidLaffan
Read 11 tweets

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