The Home Office replies to @JolyonMaugham on the nationality bill to say that some comments have been misleading. Yes, but the Home Office makes *two* misleading statements of its own.
Secondly, the Home Office implies that these are the only circumstances in which the notification of deprivation of citizenship can be waived. This is grossly misleading, to say the least.
This is what the bill actually says about when there need not be a notification of the deprivation of citizenship. As you can see the grounds are much broader than the Home Office tweet implies. Jolyon's thread refers to the "public interest" exception, which plainly exists.
IIRC the Home Office has been called out on a similar misleading claim about this bill before.
Frankly, Home Office staff are either incompetent to read their own bills, or are lying.
As I said, some critics of the bill *have* got the legal details wrong:
- the deprivation of citizenship power exists already; it's not created by the bill
- there is a right to appeal
- the notification requirement is not removed in all cases
Having said that, the notification requirement could be waived in many cases, and the absence of notification will make it harder to appeal.
The bottom line is the bill makes a bad legal regime worse. It is not much of a defence to say that much of that bad law exists already.
And it is understandable that people do not trust the intentions of the Home Office when its staff are obviously either lying about or unable to comprehend its own bill.
This is the Home Office "factsheet" on the bill. But as @JolyonMaugham replies, it does not reflect the wording of the bill. In my view, a govt department which tweets misleading statements has not earned the benefit of the doubt.
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?
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.