Steve Peers Profile picture
Prof of EU Law, Human Rights Law & World Trade Law, Uni of Essex. Out now: Commentary on the EU Charter of Rights, 2nd ed (co-editor, Hart). Usual disclaimers.
LittleGravitas 🇺🇦 🌻 🇪🇺 💙 #FBPE Profile picture Dame Chris🌟🇺🇦😷 #RejoinEU #FBPE #GTTO🔶️ Profile picture Jay Jernigan Profile picture Kevin Coates Profile picture Hugh Sainsbury #FBPE Profile picture 39 added to My Authors
Jun 30 5 tweets 2 min read
EU Member States agree to EU competence to adopt criminal laws to enforce foreign policy sanctions - consilium.europa.eu/en/press/press… Here's the text Member States have agreed to -
data.consilium.europa.eu/doc/document/S…
(The European Parliament has been asked to give its consent). Obviously this is a reaction to the Russian invasion of Ukraine, but EU laws on this issue could concern enforcement of other CFSP sanctions too.
Jun 30 7 tweets 2 min read
Some background to yesterday's EU Member States' agreement to drop the travel visa requirement for Qatar and Kuwait. 1/ 2/ With the help of some Council documents obtained by spies
Jun 28 4 tweets 2 min read
Matt Hancock understands international law about as well as a fish understands a bicycle He's confused the 'necessity' argument the government is making (part of the law of state responsibility) with the rules about conflict of treaties (part of the law of treaties, set out in the Vienna Convention and customary international law).
Jun 27 5 tweets 2 min read
Misleading - part 3 of the schedule includes the abolition of the death penalty, as set out in the 13th protocol to the ECHR (which the UK has ratified). Seems that as with Brexit, the bad takes on the law are going to come from both sides
Jun 22 17 tweets 5 min read
Some thoughts on the effect of today's Bill of Rights bill (if it becomes law) on EU/UK relations - referring back to my blog post on human rights and the Trade and Cooperation Agreement 1/
eulawanalysis.blogspot.com/2021/01/analys… 2/ Here's the tl;dr version - I will elaborate further in this thread
Jun 22 10 tweets 4 min read
EU Member States agree on proposals on Eurodac database, screening of migrants (must still be negotiated with European Parliament) - 21 states agree declaration on "solidarity" re asylum-seekers
consilium.europa.eu/en/press/press… For background, see my thread yesterday
Jun 21 5 tweets 2 min read
Latest draft of EU proposed law on screening of asylum-seekers guts human rights monitoring - leaked document via @StatewatchEU
statewatch.org/news/2022/june…
(on the agenda of Member States' permanent representatives to agree this week; if it is agreed, it has to be negotiated with EP) Here's the text - see deleted human rights monitoring protection in strikeout. (As @StatewatchEU points out the previous draft had already removed this protection)
Jun 21 4 tweets 2 min read
CJEU: passenger name records Directive is valid, but judgment places limits on national implementation of the Directive on privacy/data protection grounds Full text of the PNR judgment (only in French at the moment): curia.europa.eu/juris/document…
Jun 16 6 tweets 3 min read
CJEU: reduction in family benefits by Austria where family members live in other Member States is a breach of EU law Two points

1) Member States rarely intervene in infringement proceedings, but there were seven interventions (plus Norway) here

2) This is broadly similar (but not quite identical) to part of Cameron's 2016 deal pre referendum
Jun 13 31 tweets 11 min read
Northern Ireland protocol bill now published
bills.parliament.uk/bills/3182 At first glance, this provision alone - switching off ECJ jurisdiction over the protocol re national courts, unless secondary legislation provides otherwise - is a clear breach of the protocol
Jun 12 5 tweets 2 min read
I cited a Supreme Court judgment. If you see people unable to comprehend that international law is its own legal system - the word "dualism" implying the existence of *two* systems - that's not law. International judges and arbitrators, being told by a random English commercial lawyer that their legal system has ceased to exist in a puff of logic
Jun 12 11 tweets 3 min read
Yup. International treaty obligations cannot simply be set aside *as a matter of international law* by national parliaments unilaterally. That's a very, very basic rule of international law. 1/ 2/ Don't take it from me - here's the Vienna Convention on the law of treaties
Jun 11 7 tweets 2 min read
The summary of this paper, co-authored by the advisor to the government re its upcoming bill on the Northern Ireland protocol, contains two legal errors. 1/ 2/ It is false to claim that trade sanctions for breach of a treaty are "unique" in international law. In fact the provisions in the withdrawal agreement are comparable to the blessed WTO, as well as some FTAs.
Jun 11 8 tweets 3 min read
Two falsehoods from the Northern Ireland minister, quoted in this piece by @tconnellyRTE 1/ 2/ First of all, the implication that implementation of the protocol is unilaterally decided by the EU. In fact the definition of "at risk" goods is set out in a Joint Committee decision, *which the UK signed up to*
Jun 9 8 tweets 4 min read
Morning! Today's the day that we should finally have a definitive answer to the question of whether British citizens lost EU citizenship as a result of Brexit. CJEU judgment due in about an hour. Back in February the Advocate General's opinion in this case said that British citizens lost EU citizenship due to Brexit. My blog post on the AG opinion here -
eulawanalysis.blogspot.com/2022/02/brexit…
An AG opinion isn't binding on the judges, but they usually follow it.
Jun 6 4 tweets 1 min read
211 in favour
148 against
Not great for Johnson 57.8% in favour
42.2% against
Jun 6 4 tweets 1 min read
The key word here is *pre-pandemic*.
Pathetic. BREAKING from Tom Harwood

Sue Gray drives potentially dangerous car at speed limit, stops at zebra crossing
Jun 3 7 tweets 2 min read
1/ Brexit law: update on this proposal for an EU law to provide a legal framework for retaliation against the UK 2/ My previous thread looks at the draft from two weeks ago. There's a new draft being discussed today by Member States' officials. Spies have obtained a copy.
Jun 2 8 tweets 3 min read
CJEU, discrimination law

New judgment: age discrimination for holding trade union post falls within scope of EU framework equality directive: curia.europa.eu/jcms/upload/do… CJEU, goods regulation

New judgment: Member States can ban "bath bombs" that look like food, due to the risk that children eat them, subject to certain conditions: curia.europa.eu/jcms/upload/do…
Jun 1 6 tweets 2 min read
Danish referendum exit polls Image
May 25 5 tweets 2 min read
Batch of criminal/policing proposals today from EU Commission - starting with the latest update on the EU's "Security Union strategy" - ec.europa.eu/transparency/d… One of the last batch of EU policing proposals (from December) has already been agreed by Member States - here's the agreed text of a Council recommendation on cross-border policing cooperation: data.consilium.europa.eu/doc/document/S…