1/ On top of that, Habib's description of the TCA is full of falsehoods. The "level playing field" does *not* tie the UK to EU regulations: it provides that if either side reduces *its own* standards "in a manner affecting trade or investment", the other side can retaliate.
2/ In the absence of the TCA, the UK would not have that constraint - but it would also have less access to its largest export market, a point which Habib neglects to mention.
3/ As for tax cuts, the TCA "level playing field" provisions do not apply to tax rates in the first place. So they do *not* hinder the UK cutting any tax in any way. [tweet redone to correct typo]
4/ Habib's complaint about the TCA and State aid not only includes a falsehood (the TCA doesn't require the UK to apply EU State aid law) but is more deeply confused: a UK which was freer to chuck State money at industry without retaliation would not be his deregulatory fantasy.
5/ The confusion is between greater regulatory freedom in general - which could be used to *increase* State involvement in the economy (as Lexiters advocate) as well as to reduce it - and a solely deregulatory type of Brexit.
6/ Returning to tax, and building on @DmitryOpines thread, it is notable that the UK has signed up to the OECD agreement on minimum corporate tax rates, as well as increased corporate tax rates unilaterally. Neither is anything to do with the TCA.
7/ Finally, Habib's comments on the Northern Ireland protocol include another falsehood (Art 16 only allows for temporary suspension of parts of the protocol), but also skip over the fact that *Habib voted for it as an MEP*.
8/ Was any of this questioned by the GBNews "journalists"? Was it hell. They could have been replaced by nodding dogs.
9/ I *might* have woken up some family members while shouting at that clip. Ah well, it was time for them to wake up anyway.

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More from @StevePeers

16 Dec
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…
Read 4 tweets
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
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
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
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
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

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