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16 Dec, 4 tweets, 2 min read
CJEU, criminal law

Rule against double jeopardy not breached by revoking an amnesty and resuming the criminal proceedings if the previous criminal proceedings had never led to a final ruling on conviction or acquittal
CJEU, rule of law

New AG opinion on whether Polish European Arrest Warrants can be executed in light of issues about judicial independence - press release (not in English yet): curia.europa.eu/jcms/upload/do…
CJEU, state aid and tax law

AG opinion: CJEU should agree with Irish govt and Fiat appeal against lower EU court ruling, and strike down Commission decision requiring Luxembourg govt to recover taxes from Fiat: curia.europa.eu/jcms/upload/do…
Summary of the Advocate-General's opinion on Polish European Arrest Warrants and judicial independence - obvious tension between this approach and case law of CJEU/ECtHR on problems with judicial independence in Poland -

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More from @StevePeers

Steve Peers Profile picture
13 Dec
I've seen an advance copy of the proposal to amend the Schengen Borders Code that the Commission is due to table tomorrow. Some key excerpts follow. (It's possible that there will be some last-minute changes to this draft).
There would be new rules dealing with Belarus-type situations, defined here. This is on top of the temporary changes to asylum law proposed two weeks ago.
The substance of the proposed new Belarus rules - the limitation of border crossing points. Note that the right to asylum is protected. (What happens in practice might be different)
Read 15 tweets
Steve Peers Profile picture
1 Dec
EU Commission proposal re emergency measures for Poland, Latvia and Lithuania re asylum applications at border with Belarus - ec.europa.eu/commission/pre…
Creates temporary exceptions re EU law asylum procedures, fast-track returns, reception conditions
I'm absent from Twitter in principle during the USS strike action - but I'm making an exception to tweet about this, as it's an emergency proposal on the human rights of people starving/freezing to death on the border.

More when the full text is available
Full text of proposal for emergency measures re EU asylum law and Poland, Lithuania and Latvia re Belarus border now published - ec.europa.eu/home-affairs/p…

Comments to follow
Read 13 tweets
Steve Peers Profile picture
25 Nov
The UK is now offering less to the EU in return for a readmission treaty than it offered in 2020 - when it offered a (weak) treaty on unaccompanied child asylum seekers in conjunction with it.
And even if it's true that, as Johnson claims, the French EU Council presidency will prioritise an EU/UK return deal (and I wouldn't trust Johnson to tell me the time of day), it would need sign off by the Commission, European Parliament and other Member States.
The UK's prior proposal for a UK/EU readmission treaty is analysed here -
eulawanalysis.blogspot.com/2020/08/analys…
Read 5 tweets
Steve Peers Profile picture
25 Nov
Some thoughts from me on the loss of lives during Channel crossings mailplus.co.uk/edition/commen…
A couple of points
I've been very critical of the Mail in the past and probably will be again, but I wrote for Mail+ because I don't think we can just preach to the choir on this or any other issue. I think it's important to make this point to Mail+ readers, for instance.
If it doesn't look like my writing style it's because my text was edited somewhat. But all the key points I wanted to make are there.
Read 6 tweets
Steve Peers Profile picture
24 Nov
There's no such rule in the Refugee Convention. Sometimes two or more supposedly 'safe' countries agree to allocate responsibility for asylum seekers, which may include such a rule between them, but the UK left such a system (the Dublin rules). More here: ukandeu.ac.uk/the-dublin-reg…
A 'safe third country' rule may also exist in national law, as it has for awhile in the UK, as well as in some EU Member States (partly harmonised by EU law - see Art 38 of the procedures directive: eur-lex.europa.eu/legal-content/…)
BUT...>
...a unilateral 'safe third country' rule is unworkable in practice without the other country agreeing to take the asylum seekers, as the EU legislation expressly recognises (see Art 38(4), which in that case requires the Member State to consider the application).
Read 4 tweets
Steve Peers Profile picture
24 Nov
The full text of the EU proposal on sanctioning transport companies re moving people to the Poland/Belarus border is here: ec.europa.eu/transparency/d…
Some comments 1/x
2/ First of all, it's a transport law proposal, rather than a foreign policy proposal (which would need unanimity) or an immigration law proposal (which would entail Irish and Danish opt-outs). So it would be ordinary EU law that would apply to all Member States.
3/ As it's a proposal for legislation, the full legislative process has to apply in order to adopt it. However, it's possible for the EU institutions to fast-track the process and adopt legislation within a month or two if they can agree on it quickly.
Read 14 tweets

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