Delighted that our book on the lives of EU migrant workers in Great Yarmouth now published. Great support by
@BrisUniPress
@ESRC
@UKandEU
. Very grateful to all our interviewees, especially to
@GyrosOrg
and its staff, including the artist for the cover.
Withdrawing from the ECHR has consequences. Leaving aside the reputational damage, there will be issues in respect of our relations with the EU: under the Withdrawal Agreement in respect of the Windsor Framework on NI 1/3
Just in case you felt you were missing out on matters European, the third edition of our book has just been published. Thanks to my wonderful co-editor
@StevePeers
, to our fabulous contributors and to the good people
@OUPLaw
.
Cassis de Dijon is the best known product in EU Law. The judgment is 40 years old. There’s now a fine book out on it. Thanks to
@hartpublishing
,
@EULegalStudies
.
So talk this evening about the possibility of the EU terminating the TCA if gov't starts Art. 16 NIP process (see red boxes). This would take a year (9 mths if only trade part terminated). 1/8
Given all Brexit nerds are glued to social media at the moment, can I thank everyone who I have had the pleasure of working with over the last five years, especially to the wonderful team
@UKandEU
Art 771 says these are essential elements. Art. 772
says a serious and substantial failure to fulfil essential elements in Art. 771 allows the other party to terminate/suspend TCA. Just saying 3/3
A dull lawyerly point. All this talk about ‘triggering’ Art.16 makes it sound like there will be immediate action. Yet, as Annex 7 shows, it’s a slow burn: notifications, consultation, delay. Assuming, of course, Annex 7 is complied with.
but also under the TCA, the deal under which the UK trades with the EU. Just one example: the UK and EU are committed to upholding democracy, rule of law, and human rights (Art. 763) 2/3
Ever wanted to know why EU Member States surrendered their sovereignty and allowed free movement? Well look no further than the latest edition of the Industrial Law Journal
@OUPAcademic
@SFraserButlin
Thinking about studying law at university? New edition of ‘What about Law?’ published today
@hartpublishing
@cambridgelaw
. Not just great cover but good, accessible content too.
I’ve been trying to understand how the new EU rules on the digital economy may impact traditional thinking about labour law. Answer: it may be transformative.
Bloomberg (
@alexwickham
) is reporting that the UK government is going to start proceedings under the Trade and Cooperation Agreement (TCA) over denying UK access to the science programmes Horizon, Copernicus, and Euratom 1/6
This is important. Three Member states have already said they won’t execute European Arrest Warrant on their citizens to UK in transition. U.K. not a Member State.
Text of EU Council decision setting up working party on the UK -
Will consist of Member States' civil servants overseeing implementation of the withdrawal agreement and Commission negotiations with the UK.
Government now says 3200 pieces of identified and verified retained EU law so far (originally 2400). Dashboard to be updated to show this
@UKandEU
@jillongovt
So, our book has gone into the production stage. It’s about EU migrant workers in Great Yarmouth pre and oust Brexit. The picture is of the house
@fiona_costello
lived in. Thanks
@UKandEU
for the support.
With all the talk about the UK starting the process under Art 16 NIP, I'm retweeting my flowchart of the various legal pathways, with the nuclear option (in red) now added of the EU terminating the TCA (takes 12 mths).
Useful thread from
@Mij_Europe
, obviously agree as I set out my view over a month ago that UK would likely trigger Art16. That's been case for some time. Interesting discussion here therefore is around EU retaliation. From this thread, I think EU may well play into UK hands...1/
Join us on Thursday, 11 March 2021 - 11.30am
Online webinar on the Uber decision
Speakers: Dr Zoe Adams, Professor Catherine Barnard, Professor Simon Deakin, Ms Sarah Fraser Butlin, Professor Owen Warnock
Zoom registration link:
This is odd - retained EU law does already have a clear legislative status in the UK system; it takes precedence over conflicting UK law unless and until government legislates to amend it. Presumably this 'supremacy' provision will be removed... 5/6
So there's lots of talk about various legal action UK/EU. Lord Frost says he's thinking of starting Art. 738 proceedings of TCA. This is stage 1 of the general dispute resolution mechanism (consultation), then arbitration, possible compliance then tariffs.
However, remember, triggering Art. 16 itself is not unlawful. The picture becomes much more messy if Art. 16 is used as a cover for suspending/removing Arts 5-7, 10 and 12 NIP. 2/8
I've updated my collection of Brexit litigation to include the recent rulings on UK citizens and EU citizenship, and on non-EU carers of British children applying for settled status:
Every farmers' worst nightmare is coming to pass.
The mass culling of healthy animals because there simply aren't enough butchers to process them and get them off farms.
It's the largest culling of healthy pigs in the history of British farming. So how did we get here?
My new
@2903cb
podcast , this time an interview with Sir Ivan Rogers on his lecture 'Brexit as a Revolution' delivered
@TrinCollCam
, where Brexit is going, and how to advise a Prime Minister facing an EU summit. Produced by
@bonisones2
.. but that creates its own problems which the 2018 Act was trying to avoid, an Act introduced under a Conservative government, albeit with a different PM. 6/6
Transcript of the
#Brexit
as a Revolution lecture
@TrinCollCam
by Sir Mark Ivan Rogers, former UK Permanent Representative to the
#EU
, is now available:
This is a good, balanced thread emphasising context. All the UK asked for was an FTA and it has got pretty much what it asked for with a few extras. What is striking is the sheer complexity of the text. Dispute resolution is case in point.
As many others I'm still working through the detail of the agreement & all the annexes. But some initial thoughts based on my first read & associated documents. My overriding feeling is that it is pretty much exactly as expected in many parts & largely a balanced deal. 1/
OK, having now read the Parliamentary Commissioner report on Owen Paterson, and his summary of complaints against it, I can say if were hearing a 30 min permission hearing: a. I would require a huge amount of persuasion that he had not had a full opportunity to put his case 1/
But another route is being discussed. If Art. 16 is being used as a cover to suspend/rewrite the NIP, the EU might say that the rule of law has been infringed. So what's the significance? 3/8
Congratulations to all
@TrinCollCam
@TrinityAccess
students who are graduating today. You’ve had a tough year but have made it. Many congratulations to you all. And thanks to
@hughhunt
for being master of ceremonies.
Then terminate or suspend (Art 772(2)) BUT our friend proportionality is there in Art 772(3). So, it’s not a straightforward route for the EU to suspend the Treaty. 8/8
Been thinking about the NIP and what the various options might be if the UK decides to take action (blue) and EU's possible reponse (orange). I am sure twitter lawyers will correct me (and non-lawyers may despair).
Hard to argue there are ‘exceptional circumstances’ justifying instant action under para 3 since the White Paper was published in July and UK has expressed it concerns for months.
This is a really good piece. It also effectively makes the case why the Lords and Commons need to agree on a provision controlling the use of executive power in the REUL Bill
@SirJJKC
@ruthmchambers
@UKandEU
Jacob Rees-Mogg's Brexit 'bonfire' of EU rules is burning UK Parliamentary sovereignty instead.
Tonight's
#WaughOnPolitics
on how ministers, not the people, are 'taking back control'.
We’ve been struggling with understanding the TCA rules on goods. They are so different to the single market rules on free movement. Are we right?
@EmilijaLeinarte
@cambridgelaw
Telling statement from AG in Case C-123/17 Yon on EEC-Turkey Assoc Ag'mt: 'membership of the EU is the deepest and most special relationship that a State can obtain; and that any other relationship between a third country and the EU... must necessarily... be less privileged.'
And here is the government link confirming the request for consultations with the EU over UK's (non) participation in Horizon et al: (and an explanation in the thread as to what it all means)
@UKandEU
@anandMenon1
Bloomberg (
@alexwickham
) is reporting that the UK government is going to start proceedings under the Trade and Cooperation Agreement (TCA) over denying UK access to the science programmes Horizon, Copernicus, and Euratom 1/6
This means 'its gravity and nature would have to be of an exceptional sort that threatens peace and security or that has international repercussions'. Does pulling the plug on Arts 5-7, 10 and 12 NIP hit this threshold? If yes ... 6/8
This means that breaches of the withdrawal agreement (in the event of non-compliance with arbitration rulings under that agreement within a reasonable time) can be sanctioned by imposing trade or other sanctions under the TCA
Alison Young and I have tried to explain what we think is the legal position on how to extend transition under UK law, should the gov't decide to do so. Bottom line: it's not straightforward:
Art 763 TCA deals with breach of 'rule of law' (does this require more than breach of the Treaty for which Dispute Resolution Mechanism under the Withdrawal Agreement is available (see slide)?); assuming Art. 763 is satisfied then... 4/8
Last session. Wonderful interview with Lady Hale
@UKandEU
@anandMenon1
Talks of how to be a woman in what was a man’s world. She prefers being described as swashbuckling than Beyoncé.
For non-lawyers, you may be scratching your head. 'Retained EU law' describes how EU regulations, implemented and unimplemented Directives, Treaty provisions, general principles of EU law and EU case law continue to have effect in the UK legal system post Brexit.2/6
UK was due to respond to enforcement proceedings by 15 Aug but deadline pushed back to 15 Sept at the UK's request. This will be a key decision for new PM. Will the UK play ball with the process? (6/6)