Steve Peers Profile picture
Mar 2, 2018 26 tweets 7 min read Twitter logo Read on Twitter
False statement by the PM about Norway model meaning automatic application of EU law "in its entirety" #roadtobrexit
May rejects the "hard border would be their fault" canard. Good. #roadtobrexit
"Access to markets will be less than it is now". It took a while to get there but this is honest. Don't remember the Leave campaign admitting that though #roadtobrexit
PM is correct to point out that the Commission is not fully consistent on its "no cherry picking" line - on fishing for instance #roadtobrexit
PM accepting some "level playing field" rules in future trade deals - significant but covering what besides competition? #roadtobrexit
UK has "exceptionally high standards of data protection" - not according to the courts #roadtobrexit
PM hints at some arrangement on migration with the EU post-Brexit - could be significant #roadtobrexit
PM correct to say that there are detailed variations within the EU's free trade deals #roadtobrexit
"Substantially similar standards" with EU - correct to say often linked to international standards - lots of detail to work out here #roadtobrexit
Was PM suggesting no ECJ involvement in aviation with non-EU countries? If so, not true - European common aviation treaty requires it #roadtobrexit
PM has swallowed a textbook on customs law. But this sort of detail is unavoidable #roadtobrexit
"Access to markets will be different" in services. Don't remember the Leave campaign saying that either #roadtobrexit
Good points on case for professional mobility and recognition of qualifications - another nod to migration issues #roadtobrexit
Inevitably an argument for financial services - interesting the PM discusses broadcasting in more detail too
*waves to Murdoch* #roadtobrexit
PM wants ambitious continuation of cooperation in cross border civil litigation. More on that here - eulawanalysis.blogspot.co.uk/2017/08/cross-…
#roadtobrexit
"Keep calm and carry on" a timely message from the PM to the jingoistic type of Brexiters #roadtobrexit
PM nuanced reply to "take back control" question from @Peston - An honest slogan from Leave campaign would have been "Let's take back *some* control"
Good point from @faisalislam - "betrayal" language from PM not really helpful
Mmm I suspect PM's reference to the ECJ striking down "Safe Harbour" data protection law deal with the USA may one day be seen as foreshadowing... #roadtobrexit
Some thoughts on the speech overall. Lots of detail there so "the UK doesn't know what it wants" is no longer a fair criticism. There could be more detail but we can't expect her to read out legal text (though *I* would enjoy that) #roadtobrexit
Tone focussed on compromise and details - not much jingoistic stuff (besides "betrayal"). Why not do this detail, and this (somewhat) less alienating tone, earlier?
PM couldn't put it like this, but in its own way "no cherry picking" is as facile as "Brexit means Brexit". Commission not consistent on this and EU free trade deals do have variations in the detail.
Rejection of the "hard border is their fault" line, admission of less market access, involvement in the detail will disappoint the "Brexit is easy, no effect on EU trade, border issue is easy" folks.

Or in other words, the Leave campaign. I expect Hannan is gaslighting already.
Those sort of folks will never be satisfied; but for those Remainers who would like to see May deposed, I'd give a Churchillian response: "She's the worst possible Conservative Prime Minister - apart from all the others"
Here's the text of the speech: gov.uk/government/spe…

Compare her 15 paragraphs on customs with Boris Johnson's "Camden borders" gurning.
I'll aim to write something up on the basic future relationship issues next week - after I write posts on the two key parts of the withdrawal agreement (citizens' rights and the Irish m border). /ends

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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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