1/ The CJEU is back from holiday - starting with a big victory for @ClientEarth re access to environmental information: curia.europa.eu/juris/document…
General point: impact assessments drawn up before legislative proposals are subject to liberal access to documents rules #FOIA
2/ CJEU, EU external relations law
New judgment: implementing the EU's partnership treaty with Kazakhstan shouldn't have been subject to unanimous voting, since the foreign policy elements were incidental: curia.europa.eu/juris/document…
3/ CJEU, car insurance
New judgment: obligation to insure a vehicle applies even if it is parked on private land with no intention to drive it: curia.europa.eu/juris/document…
4/ Finally, asylum law
Hearing in first CJEU case re family reunion under the Dublin rules: is there a right to a remedy in a Member State which *should be accepting responsibility* (not just in a MS which *shouldn't be transferring* the asylum seeker)? curia.europa.eu/juris/document…

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More from @StevePeers

Oct 4, 2018
CJEU, employment law

New judgment: parental leave doesn't count towards accruing annual holiday rights

(Nb *maternity* leave and sick leave do count)
CJEU, monetary union

New AG opinion: second challenge to ECB bond purchases policy coming from the German Constitutional court should be rejected
CJEU, information technology and consumer law

New judgment: selling stuff online does not automatically make you a "trader" fully subject to EU consumer law obligations

Tl;dr: caveat emptor
Read 7 tweets
Sep 28, 2018
As I have mentioned before, recently the EU Council approved the UK negotiating on Brexit issues with EFTA States. The details of this negotiation have now been released to the public. Here they are. A few comments. 1/x
2/ The UK/EFTA negotiations are taking place on the assumption that the withdrawal agreement is agreed and comes into force, and seek to match up the UK's relations with EFTA States with UK/EU relations during the transition period set out in the withdrawal agreement.
3/ The scope of the UK/EFTA State talks is limited to a) one aspect of citizens' rights - issuing residence documents during the transition period; and b) "other separation issues", which are not specified. There's no issue at this point of negotiating to join EFTA, etc.
Read 6 tweets
Sep 21, 2018
"I've also been clear"
Drink! #DowningStreet
The "Tusk didn't explain his position" line ignores the detailed explanation of the position which Barnier recently gave to the Commons. #DowningStreet
"Your rights will be protected in case of no deal" pledge to @The3Million - rather ambiguous #DowningStreet
Read 4 tweets
Sep 19, 2018
CJEU, Brexit and criminal law
European Arrest Warrants issued by the UK must still be executed before Brexit Day
CJEU, equality law
New judgment clarifies the position of new mothers working night shifts, ie who has the burden of proof to show a health and safety problem
CJEU judgment on Brexit and European Arrest Warrants now online. Note importance of the ECHR and (implicitly) the Human Rights Act. Blog post soon: curia.europa.eu/juris/document…
Read 5 tweets
Sep 13, 2018
1/ So, I have had a look at the new government notice on travel to the EU after no deal Brexit. With great respect, it's shoddy work. gov.uk/government/pub…
2/ There's lots of talk about passport validity dates, which is an important technical detail. But the central point that UK citizens can't just stay in the EU indefinitely any more is only briefly mentioned.
3/ Also the advice gets the law wrong. It says that it applies to Schengen states, ie *not* Cyprus, Croatia, Romania and Bulgaria. Then it says national law applies to travel to those States.
Read 6 tweets
Sep 13, 2018
1/ CJEU today - sanctions
EU General Court upholds EU sanctions against Russian banks and oil companies re Crimea: curia.europa.eu/jcms/upload/do…
This includes Sberbank, which Jacob Rees-Mogg's outfit has invested in: theguardian.com/politics/2018/…
2/ CJEU, consumer law and telecoms
New judgment: SIM card pre-loaded with fee-paying links without sufficient info to consumers breaches EU consumer law: curia.europa.eu/jcms/upload/do…
Judgment also addresses overlaps between general consumer law & telecoms lex specialis
3/ CJEU, criminal law and human rights
New judgment on the balance between disclosure obligations to the defence and commercial confidentiality in banking cases - one case allegedly linked to Madoff: curia.europa.eu/jcms/upload/do…
Read 6 tweets

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