Steve Peers Profile picture
Mar 4 15 tweets 5 min read
I've extensively rewritten my blog post on temporary protection for people fleeing the invasion of Ukraine, how that the EU has adopted the temporary protection law: eulawanalysis.blogspot.com/2022/02/tempor…
Thread with main points 1/
2/ Who is covered by temporary protection?

These are the core groups fully covered:
3/ A second group of people must be covered either by EU temporary protection or by adequate protection in national law (not further defined)
4/ Member States *may* apply the law to non-Ukrainians who were working or studying in Ukraine, but in any case "should" treat them fairly re crossing borders etc
5/ and a further group of people who it's optional to cover
6/ The number of people who can be covered isn't explicitly capped
7/ How long does temporary protection last? In principle one year, might be extended to three years.

(We'll come back to what happens after it ends)
8/ What rights do temporary protection beneficiaries have?

First of all, residence permits and access to employment (although there can be a labour market priority for EU citizens etc)
9/ Also rights to social welfare, housing, health care and education
10/ I've added a section above movement between Member States. First of all, movement *before* obtaining temporary protection. The temporary protection decision simply flips the Dublin system upside down.
11/ After obtaining temporary protection, the Dublin system still doesn't really apply, although it's not a free movement right either
12/ Temporary protection beneficiaries can apply for asylum although it's assumed that they won't
13/ At this point the Dublin system would apply, but it might be messy
14/ When temporary protection ends, the usual law applies
15/ Finally I have some views on how temporary protection compares to the usual awfulness of asylum law

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More from @StevePeers

Mar 3
EU Member States' ministers agree to temporary protection for those fleeing the invasion of Ukraine. For more details see my blog post (pinned tweet). I will update it when the text of the Council decision is available.
It's not officially published yet, but here's the scope of who's covered by the temporary protection decision as agreed by the Council - reduced as compared to the Commission proposal. Image
Here's the Commission proposal for the sake of comparison Image
Read 5 tweets
Mar 3
1/ Round-up of recent EU measures re the Russian invasion of Ukraine - now in official legal form
- new economic sanctions against Belarus - eur-lex.europa.eu/legal-content/…
- sanctions on Belarus officials - eur-lex.europa.eu/legal-content/…
2/ new EU measures re Russian invasion - legal texts
- ban on broadcasting Russia Today or Sputnik - eur-lex.europa.eu/legal-content/…
- sanctions re Russian central bank and Russian use of SWIFT messaging service - eur-lex.europa.eu/legal-content/…
3/ new EU measures re Russian invasion - legal texts
- non-lethal support to Ukraine military - eur-lex.europa.eu/legal-content/…
- lethal support to Ukraine military - eur-lex.europa.eu/legal-content/…
- sanctions on more Russian individuals: eur-lex.europa.eu/legal-content/…
Read 4 tweets
Feb 27
Oh no! Image
More vileness here, in Jake Tapper's screenshot. A retweet would spread the word about how repellent Senator Rogers is.
Read 4 tweets
Feb 1
The Attorney General's piece is subtly but profoundly dishonest in its presentation of how EU law is adopted. At no point does she mention that the UK *government* had a vote on the adoption of EU legislation - usually in favour, in some cases with a veto. 1/
2/ Two straight falsehoods here. At least a qualified majority of Member States is necessary in order to pass EU legislation (this falsehood appears twice); and the European Parliament can remove the Commission.
3/ As an answer on an EU law exam, this would fail. For a practicing lawyer, misstatements on this scale might raise questions of competence and/or integrity for professional regulatory bodies.

But this person is the Attorney General of the United Kingdom.
Read 5 tweets
Jan 12
The EU Council has agreed on a decision on operational coordination re external aspects of migration - data.consilium.europa.eu/doc/document/S…
The idea is to coordinate different aspects of EU reaction re migrants/refugees at the Belarus border. Frankly I think the legal basis here is dubious.
It implements the Council decision implementing the 'solidarity clause' in the treaties - eur-lex.europa.eu/legal-content/…
The solidarity clause, Art 222 TFEU (eur-lex.europa.eu/legal-content/…), is about reaction to "a terrorist attack or the victim of a natural or man-made disaster"
One might argue that loss of life/living conditions on the Belarus border is a "man-made disaster", but the new decision does not explicitly set this out. Its focus is coordination of external aspects of migration, without referring back to the solidarity clause conditions.
Read 5 tweets
Jan 8
The legal analysis in Sumption's first paragraph would be liable to receive a failing grade if it appeared in a first year undergraduate law essay. Simply put, he does not acknowledge the existence of excuses in the law of criminal damage, which were argued and put to the jury.
Sumption may believe that the excuses should not apply to the facts of this case, and should not have been put to the jury. Fair enough - but that point needs to be made, at least briefly. As it stands, he leaves the reader with a misleading impression of the law and this case.
This piece is, of course, not a law essay. But it nevertheless makes an assertion about the law and its application to this case. On my view it is highly inappropriate for a former judge to make such an assertion in a way which misleads the public about the law and this case.
Read 8 tweets

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