Behind the increasing silliness of a tiny fishery dispute getting blown out of proportion there is a serious problem of public discourse in disputes regarding agreements (thread)
At issue in this dispute are a comparatively small number of licenses - important for those who (do not) hold them, but negligible in all other aspects /2
In practice, a short negotiation should have settled this. Or dispute settlement and they decide /3
But we have distorted discourse to such an extent that diplomacy itself is now defeat. "The government has decided to settle the dispute" - a normal and positive note - has become almost unacceptable /4
What is needed is a win. And it cannot be a win-win. No. It must be a win for "our" side and a defeat for "theirs" (whichever side that is). /5
And so the only way to create that space to give diplomacy a chance is to confuse all statistics. Not hard to do, because this is so damn specific that few can tell the difference (because few care enough). /6
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Comparative constitutional law should be made a mandatory topic in law school. There is an almost automatic incomprehension of systems different from the one you grew up in. And usually in rather drastic terms. (Thread)
This goes every which way. A person from systems with strong judicial review and written constitution learning about UK constitutional conventions needs years to get over that shock. /2
Lawyers from the UK in return are used to one strict all powerful rule - sovereignty of parliament. The one rule to bind them all. Of course, different in other systems. Fights between state and federal courts? Checks and balances? You mean chaos! /3
France was contemplating measures. Apparently in a press meeting these were discussed under the heading of "seafood ban" (h/t @jonhenley ). This lead to the times report. thetimes.co.uk/article/france…
Now a seafood ban in my off-the-top-of-my-hat analysis seems to breach the TCA. (Is it a countermeasure? Cannot do those under the TCA if you don't find wording to support it). BUT...
Apparently a moderator invited someone from an organization he profoundly dislikes to interview him. He regarded the person as discredited when the person stated he's a carpenter - and thus works with dead wood. His mind turned off. /2
When the carpenter pointed out that we can grow wood, the moderator curiously stated that we can also grow concrete - and now seems on a mission to confirm this wrong statement. Why is this tragic? /3
So here we go: Why Weiss and K 3/21 (the decision of the Polish Constitutional Tribunal) are - in law - fundamentally different. A thread. Even I hope it won't be a long one. (Thread)
Let's start with the caveats. First of all there's a ton of writing on composition of Polish courts and all that. This is not a thread about those issues. Others have written competently about that.
Second caveat: I do not read Polish, I have to rely on the translation provided by the Polish Court itself. I do not like the translation the BVerfG provides. I assume there will be problems with the Polish Court's translation, too. But let's assume the basics are ok.
What I learned from twitter today about the driver shortage: the statistics of which country lacks how many drivers are all problematic. Why?
Because the implication of that number is unclear. Poland, for example, lacks far more drivers than the UK. But the reason is that Poland is a market for drivers servicing logistics all over the EU.
Cross-border delivery of services and cabotage have a significant impact on the reality of EU trucking that is poorly represented by "X drivers are missing".