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Feb 16 • 9 tweets • 4 min read
Catch up of EU legal news after the latest round of #ucustrikes action

1/ Home Office decides not to appeal ruling against it re status of EU citizens in the UK
2/ EU Member States' representatives agree that EU should become party to Istanbul Convention on violence against women

3/ European Parliament votes for legislation setting up a framework for EU response to UK breach of Brexit treaties - likely to be formally adopted soon

(Any interest in a blog post explaining this law?)
4/ possible imminent deal on Northern Ireland protocol
5/ EU Commission brings Poland before CJEU due to constitutional tribunal challenging primacy of EU law
EU Commission brings Hungary to CJEU for voting against agreed EU position on cannabis at United Nations

More new infringement proceedings - ec.europa.eu/commission/pre…
CJEU, asylum law I

New judgment: Syrian asylum seeker gets visa from Lithuania, travels to Netherlands, marries and becomes pregnant, Dutch govt tries to transfer her to Lithuania under Dublin rules, CJEU says Dutch govt has option to consider application
curia.europa.eu/juris/document…
CJEU, asylum law II - new Advocate General's opinions

1 threshold for revocation of refugee status due to crime: curia.europa.eu/juris/document…

2 standards for considering asylum applications in Ireland: curia.europa.eu/juris/document…
The full text of the agreed EU law on responses to the UK breaches of Brexit deals - referred to further back in the thread - is here:

data.consilium.europa.eu/doc/document/S…

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More from @StevePeers

Steve Peers Profile picture
Feb 8
UK Supreme Court unanimously dismisses unionist challenge to NI protocol

Press summary - supremecourt.uk/press-summary/…

Judgment full text - supremecourt.uk/cases/docs/uks…
Summary of the Supreme Court reasoning
My summary of the summary:

1) The Supreme Court assumes that the NI protocol conflicts with the prior Act of Union; but this doesn't matter as the Act of Parliament giving effect to the withdrawal agreement in UK domestic law expressly takes precedence.
Read 11 tweets
Steve Peers Profile picture
Feb 5
theguardian.com/politics/2023/…
Here's the non-regression clause in the Trade and Cooperation Agreement. The threshold for reducing environmental standards is identical. Any use of retaliation could be connected to a dispute settlement process.
EU legislation setting a framework for retaliation is set for a a European Parliament vote on 14th February. The Commission discussed the issue with Member State officials last week.

(For some reason when I pass on details on either development there are often snippy comments)
Read 4 tweets
Steve Peers Profile picture
Jan 26
New infringement proceedings against Member States brought by EU Commission - including equal treatment of lecturers, social security, enforcement of posted workers rules 1/5
ec.europa.eu/commission/pre…
2/5 new infringement proceedings against Member States - alleged failure to implement regulation on online terrorist content; alleged unspecified mistakes in implementing EU law on asylum, child sexual abuse
3/5 new infringement proceedings against Member States: complaint that Malta makes it too difficult for non-EU citizens (now including Brits) to obtain EU long term residence status (as compared to citizenship requirements), by requiring them to learn Maltese, moves to next phase
Read 5 tweets
Steve Peers Profile picture
Jan 23
EU courts, new cases

Brexit and criminal law

Do UK citizens still benefit from the degree of protection against extradition to non-EU countries which EU law guarantees to EU citizens who have moved between Member States?
CJEU, new cases

Equality law: can a national law provide for dismissal due to disability, without considering reasonable accommodation for the worker with a disability?
CJEU, new cases

Fair trials law: first time national court has sent questions to the CJEU about EU law on the rights of child suspects
Read 7 tweets
Steve Peers Profile picture
Dec 31, 2022
One might expect a trade minister to have some idea of what he's talking about. In fact, use of e-gates will be harmonised across Schengen countries when EU entry-exit system becomes operational but with greater hassle for non-Schengen state citizens because UK left free movement
Here's my summary of the entry exit system legislation, from the next edition of my book on EU Justice and Home Affairs law. The idea that a Schengen state can exempt the UK from the usual rules is a non-starter. HOWEVER... ImageImageImage
...the current provisions on when Schengen states can have separate treaties with non-EU countries for longer stays, referred to at the top of the third screenshot, are due to be reviewed. At present, there cannot be such treaties with the UK, since new treaties are ruled out.
Read 11 tweets
Steve Peers Profile picture
Dec 30, 2022
Court agrees to 30 days' detention - looks like his fans saying that he was released were wrong
bbc.co.uk/news/world-eur…
Tate's defenders have been an exceptionally unpleasant bunch. They particularly like to invent things I didn't say, and abuse me for "saying" them. May they all get what they deserve in the New Year.
Happy New year!
Read 4 tweets

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