Novel point of asylum law - is a Member State responsible for an asylum application if it has issued a diplomatic card?
Summary of the background to this case - curia.europa.eu/juris/showPdf.…
Doesn't mention which country the asylum seekers are from, or which Member State issued them with a diplomatic card. But interesting questions on the intersection of diplomatic law and asylum law.
CJEU, new asylum case II
Is human rights protection for asylum seekers so deficient in Malta that Member States should not send asylum seekers back there under the Dublin system?
Background to this case - curia.europa.eu/juris/showPdf.…
Note that the national court asked for the CJEU to fast-track the case, but so far the CJEU has not done so.
EU General Court, data protection law
WhatsApp sues to annul a decision of the European Data Protection Board - the first legal challenge against an EDPB decision AFAIK
Here's the decision which WhatsApp is challenging - edpb.europa.eu/system/files/2…
in summary (paras 425-30) the Irish data protection authority is required, in light of comments from other DPAs, to interpret the GDPR a certain way re WhatsApp, including increasing its fine
Upcoming soon from the CJEU
Judgment 20 Jan on when absence from the country can lead to loss of residence status for non-EU citizens (might be relevant by analogy to free movement law/withdrawal agreement)
AG opinion 27 Jan on validity of EU law on passenger name records
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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]
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
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…
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)
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…
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.
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.