Dr Joelle Grogan
@JoelleGrogan
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Head of Research @UKandEU | Presenter #TheLawShow @BBCRadio4 | Co-Academic Director #RuleofLaw Clinic @CEUDemInst | Creator @stickytrickylaw
England, United Kingdom
Joined April 2014
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Tomorrow the Supreme Court decides whether or not the Government's
#Rwanda
policy is lawful.
Here's 4 things to look out for.
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Say you don't understand Northern Ireland without saying you don't understand Northern Ireland.
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548
Is the UK flooded with
#ECHR
violations?
Is the UK under a constant barrage of late night, 'pyjama injunctions' AKA Rule 39 orders?
Is the UK doing really badly protecting ECHR rights, constantly losing in Strasbourg?
THE LATEST STATS ARE OUT.
PREPARE FOR A SHOCK.
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451
As the UK Parliament is debating whether Rwanda can be designated a 'safe third country' in law - the Irish High Court is now asked to decide whether the UK is a 'safe third country' for asylum seekers in practice because of the UK's policy.
Irish High Court begins hearing lead cases arguing UK is not a ‘safe third country’ (outside of the EU) due to the Rwanda removals policy
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The UK Supreme Court has unanimously found that the Government’s
#Rwanda
Policy is unlawful.
Four key takeaways, and what’s next.
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🚨The UK is not a safe third country for asylum seekers according to Irish High Court.🚨
While the UK-Rwanda relationship loomed large in proceedings, judgment looks decided on the basis of the threat of the UK returning people to an unsafe country.
Irish court says UK is no longer a "safe third country" to send asylum-seekers to (interpreting EU law)
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Delighted to tweet that I will be moving to King's College London to join the great team at UK in a Changing Europe.
Follow their leading work on the UK, the EU and beyond here:
@UKandEU
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The fact that the most important Act of Parliament - fundamentally and permanently changing the UK's relationship with the EU & shifting power to the exec - will be passed in a single day is both the most astonishing fact about
#Brexit
and the most Brexit fact ever.
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The UK continues to be one of the best performing states, and only improving since 2022.
In 2023, the European Court of Human Rights found the UK had violated rights in one case.
This is 38th lowest alongside Latvia and Luxemboug.
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146
I suppose the editor could have missed a word, or an entire history?
And this is the Telegraph's chief political correspondent Christopher Hope, explaining why Biden's great-great-great grandfather emigrating from Ireland during the Famine "could mean he is well disposed towards Great Britain".
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@davidallengreen
To revert would be quite some feet, but metric lovers probably won't see the pint.
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Quick fact check here on BBC reporting of rule 39 orders.
The one order preventing removal of one person to Rwanda was issued 7.35pm UK time, and government were told before.
Bit early for pjs.
ECHR press release:
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Why is the UK performing so well?
Experts (like
@alicedonald
) think it���s the way the UK has incorporated rights through the
#HumanRightsAct
.
You can see the impact in the no. of judgments against the UK since it came into force.
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Best read with a double espresso from the great
@davidallengreen
- if not for enjoying the deft navigation of the litigation then for for that last paragraph spit-take.
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1. If the Supreme Court finds against the Government, what part of the Rwanda policy do they find is unlawful - removing asylum seekers to any third country, or just to Rwanda?
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Rule 39 orders against the UK continue to be rare.
In 2023, there was just one issued (in a case about expulsion to the US).
Since 2017, there have been 15 in total - an average of two per year. Compare this with Belgium (2050), Greece (298) and France (98) in the same period.
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and 4. If the SC finds the policy is lawful, what the international reaction is.
In an unusual intervention, the UN voiced concern that the UK policy to remove asylum seekers to 3rd countries could set a precedent and undermine the international refugee system worldwide.
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NB the Court of Appeal majority did not find removal to a safe 3rd country unlawful in principle, nor that Gov couldn't (with Parl approval) designate safe 3rd countries in practice.
Rather, the CA found it isn't safe *right now* in Rwanda for asylum claims to be processed.
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The SC is the final court in the UK: there is no other place to go or appeal to make.
The driving force behind the Government's appeal to the SC is that, right now, Rwanda is the only country with which there is an agreement for removals.
No Rwanda, no removals.
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The SC could decided differently, and on different grounds.
Key though, the SC will tackle the question of non-refoulement -the principle of intl, ECHR and refugee law that a person cannot be sent to a country they are unsafe- the SC will look to how the policy affects it.
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A privilege to spend 3 days commenting on the challenging & fascinating
#prorogation
appeal hearings in
@UKSupremeCourt
with the great legal minds of
@jeremybrier
@RobertCraig3
@stefan_theil
@MBarczentewicz
& Prof Alison Young, & excellent
@BBCNews
team.
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4
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After a reshuffle and with an election on the horizon, the PM is caught between party members pushing further right hard, and moderates' concern over publicly attacking UK institutions - judges and the courts - severely backfiring.
What he says (or not) will show his direction.
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2. What the new Home Secretary says about the judgment.
It was widely expected that Braverman would use an unlawful judgment as a rallying cry for the UK to leave the ECHR - but what will Cleverly do?
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Over the summer,
@alicedonald
and I had the privilege and delight of bringing together 50+ experts worldwide to author the
#Routledge
Handbook of Law and the
#COVID19
Pandemic.
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The UK policy is that claims are processed in a 3rd country under that country's law (not UK law), and that refugees would also then *stay* in that country.
The UK law explicitly bans them from return, refugee or not.
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I'll be saying "unprecedented" an unprecedented number of times tonight on
@tagesschau
while discussing the monumental Supreme Court judgment.
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As Foreign Secretary, Cleverly said he did not "feel in order to achieve what we need to achieve to protect our borders we are necessitated to leave the ECHR".
Will the sentiment stand now that he's taken on the illegal/irregular migration brief?
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Radical and out-of-the-box thinking presented at Princeton, following three years of intense research.
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3. What the Prime Minister says about the judgment.
The Rwanda policy is a cornerstone of his promise to 'stop the boats', and necessary for the operation of key parts of the
#IllegalMigrationAct
.
An unlawful judgment could stall or even stop both.
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All eyes looking tomorrow at the UK, and the Supreme Court.
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Other countries in Europe will be looking at the UK as concerns on migration take over public debate.
The UK policy is different than other policies seen so far, e.g. new plans in Italy would see claims processed in Albania, but successful claimants would then move to Italy.
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As we almost reach halfway through
@Verfassungsblog
@DemocracyR
"COVID-19 and States of Emergency" - a thank you to our absolutely *PHENOMENAL* contributors who have helped us represent >70 countries, and consider
#COVID19
laws affecting ~78% of global population.
*Thank You*
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Last
@BBCNews
appearance with the great
@RobertCraig3
before 9pm, and then speaking with
@brentgofftv
on
@dwnews
@ 9.45 (10.45).
And then, dear reader, to bed on a *momentous* day for the UK constitution. Thank you for listening to me.
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3
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See my &
@alicedonald
full analysis of the UK’s 23 year ECHR record just published
@UKandEU
-
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10
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From Monday 6 April,
@Verfassungsblog
and
@DemocracyR
will jointly host an online Symposium on the use of Emergency Powers in the
#COVID
ー19 crisis from the perspective of
#humanrights
,
#democracy
and the
#RuleOfLaw
.
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~Sixty Country Reports on the use of
#emergencypowers
from the perspective of
#democracy
#HumanRights
&
#RuleofLaw
have been published so far on
@Verfassungsblog
@DemocracyR
"
#COVID19
and
#StateofEmergency
" Symposium including...
...(*takes deep breath*) ...
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Further reading:
The Court of Appeal's decision:
An explanation of the ECHR and the Rwanda policy:
The Illegal Migration Act and the Rwanda policy:
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What a GREAT video, *ideal* for
#students
, explaining:
-
#Brexit
#TransitionPeriod
- Future EU/UK Agreement Issues
-
@EUCouncil
directive to
@EU_Commission
-
#RegulatoryDivergence
&
#competition
-
#NorthernIreland
&
#WithdrawalAgreement
...and even when
#WTO
comes in!
Gosh.
Ever thought "gosh, sure wish where Brexit is at could be explained with cartoons and post-it notes in under 2 minutes and 30 seconds"?
Well! DO WE HAVE SOMETHING FOR YOU!
Here's a simple explanation of what's ahead for
#Brexit
in 2020.
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Due to pandemic, I wasn't able to submit my annual
@MDXlaw
post-it appraisal to my boss, so I'm submitting it to Twitter instead.
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It's worth breaking down why leaving the
#ECHR
would not 'stop the boats'.
This is leaving to one side the *much greater* consequences for the UK if it did so, entirely unrelated to migration and asylum.
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[Every day in Brexit as a Legal Academic]
*Type 1,000 words analysing current state of the law, assessing probability of different outcomes*
*Look at News*
*Laugh*
*Cry*
*Delete*
*Delete*
*Delete*
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To the student who put their head in their hands when I said, 'after Brexit, supremacy will and won't exist - so you'll still have to study EU law, but it'll just be more complicated.'
... I'm with you, student, I'm with you.
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4
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As I sit writing the final post for
@Verfassungsblog
@DemocracyR
COVID-19 and States of Emergency, I am awestruck by the breadth, quality & volume of the analyses: all credit to the *incredible* work of >100 contributors & two brilliant editors,
@sinthiou_1
& Evin Dalkilic.
1
5
41
"Laurent Pech is kind of a star in Poland thanks to his commitment to [rule of law]"
Polish Ombudsman, Adam Bodnar, praises the
#impact
of
@MdxLaw
@ProfPech
at
#H2020
@reconnectEU
Kick Off Conference
1
11
40
The UK may no longer be part of the
#EuropeanArrestWarrant
system.
Here
@stickytrickylaw
and the European
#criminal
justice expert
@BardPetra
explain the
#EAW
.
What happens if a
#crime
#suspect
in one
#EU
state, is in another? How do EU countries cooperate on
#criminal
matters of
#arrest
and
#surrender
? Can member states refuse to
#extradite
?
Find out now as the brilliant
@BardPetra
explains her expertise on the
#EuropeanArrestWarrant
1
20
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38
Date for your diary:
@Verfassungsblog
#PowerandPandemic
Symposium launches on Monday 22 Feb publishing comparative analysis of >70 countries as they examine the impact of a year of
#COVID19
on the law.
@DemocracyR
@reconnectEU
@BinghamCentre
1
22
40
Day 50, "States of Emergency"
A privilege to write the final post for
@Verfassungsblog
@DemocracyR
"COVID-19 and States of Emergency".
1
6
40
Further detail here: of the 1,014 judgments issued by the European Court of Human Rights in 2023 - only 3 concerned the UK, and only one found a rights violation.
The case was also about the right to privacy, not asylum: {%22itemid%22:[%22001-226468%22]}
The UK continues to be one of the best performing states, and only improving since 2022.
In 2023, the European Court of Human Rights found the UK had violated rights in one case.
This is 38th lowest alongside Latvia and Luxemboug.
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0
15
37
The Head of
@MDXlaw
may not have been serious when he gave permission for me to submit post-its for my annual work appraisal.
...but I was.
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0
37
I'm a little worried that new followers since yesterday will be disappointed to find that I mainly tweet cartoons on sticky notes.
Speaking of -
#Prorogation
in post-its.
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6
37
I've been testing a hypothesis, which has so far proven so accurate that it could be a working theory.
Anyone at a meeting on zoom in pandemic is no more than 2m/6ft from laundry.
This reduces to 60cms/2ft if you're an academic giving a lecture.
Prove me wrong, twitter.
10
2
38
While the court emphasised that they considered only the legal question, they implicitly tackled the political debate head-on by highlighting that leaving the ECHR won’t remove the principle from UK law (and the Courts).
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Final day
@MDXlaw
.
I'm sure my friends & nevertheless colleagues would be too embarassed for me to tweet how much joy it has been.
I'd certainly not highlight their dedication to research, education & their students.
@alicedonald
@ProfPech
@lughaidhk
would be just mortified.
1
0
37
Marking 50 years since Ireland and the UK’s accession to the EU, and 3 years since Brexit, read the collected commentaries from the series first published on
@Verfassungsblog
, in collaboration with
@UKandEU
&
@UCDLawSchool
.
0
17
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Marking the upcoming publication of
@alicedonald
& my
@routledgebooks
Handbook of
#Law
and the
#COVID19
Pandemic, on 28 April we're bringing together some of our stellar contributors to discuss Lessons for a 'Post-Pandemic' future.
@reconnectEU
@BinghamCentre
@MDXlaw
1
12
32
Delighted, privileged and otherwise excited to join dear friends and brilliant colleagues as a Research Fellow at
@CEUDemInst
#RuleofLaw
Group led by the inimitable force of
@ProfKochenov
.
2
0
33
I don't think anyone should take talk of leaving the
#echr
seriously.
Not only for how hard it would be for the current government, the fact it would not as a policy "stop the boats", or for the int'l or nat'l consequences for the UK.
But here again are the SHOCKING ECHR STATS.
Is the UK flooded with
#ECHR
violations?
Is the UK under a constant barrage of late night, 'pyjama injunctions' AKA Rule 39 orders?
Is the UK doing really badly protecting ECHR rights, constantly losing in Strasbourg?
THE LATEST STATS ARE OUT.
PREPARE FOR A SHOCK.
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451
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9
33
That moment of tangible relief when you realise your emergency lockdown haircut looks ok on TV.
Merci,
@ProfPech
.
Just trying to relax from exam marking duties by watching 📺 only to see legendary
@MDXlaw
brexitologist Dr
@JoelleGrogan
discuss forthcoming horror 🎞️ known as no-deal Brexit 2.0 on
@BBCNews
😟😱
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Confused about what's happening with the Rwanda policy?
➡️Here's my
@UKandEU
explainer with
@alicedonald
on the UK-Rwanda Treaty and the Rwanda Bill: what they do and don't do, their likely impact, and why they are so controversial to all sides.
2
14
33
The
#RwandaBill
is splitting the Conservatives, likely to face a tough challenge in passing through the Lords, and could *still* face legal challenges.
Why? Here are 7 reasons that the Bill is causing controversy.
2
13
31
For those waking early to hear news of the Supreme Court judgment today - I'll be outlining the essentials on
@BBCBreakfast
at 6.10am, and on
@BBCRadioWales
at 6.30am.
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3
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1. The UKSC emphasised that it is *not* (only) the ECHR, but also several international treaties, and several Acts of Parliament in national law which embed the principle of non-refoulement.
1
4
30
Will be raising a virtual glass to
@ProfPech
of the eponymous 'Pech v Council' GC decision yesterday now providing an essential precedent for transparency and public access to documents behind decision-making.
🥂to him & his legal team!
2
5
31
Accidentally misidentified myself as an 'illegal cartoonist' and I haven't stopped laughing since.
1
0
31
➡️Two fantastic country reports on
#Australia
&
#Brazil
contrasting extremes begin the
#PowerandPandemic
Symposium
@Verfassungsblog
🇦🇺
@Marcorizzi83
&
@TamaraTulich
🇧🇷
@pelusoemilio
& Thomas Bustamante
@DemocracyR
@reconnectEU
3
8
31
📣🥳 Excited to mark the launch of
@GoodLobbyProfs
bringing together >60 academics to tackle critical challenges to the
#ruleoflaw
.
Led by my friend and nonetheless co-director
@ProfPech
and based at the brilliant
@TheGoodLobby
with
@alemannoEU
.
Join our event & get in touch!
After months of preparation, The Good Lobby Profs network is live! 👏
🗓️Join us on March 22nd at 12PM to discover the project & discuss the threats to the
#RuleOfLaw
in Europe.🇪🇺
👉For more information and registration follow the link:
1
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57
1
12
30
Still one of the maddest pitches I ever made to my boss, 'I'd like to draw law... on post-it notes.'
Happy b-day
@stickytrickylaw
!
#Throwback
to our very first explainer - the Miller
#Article50
#Brexit
case - published 5 years ago today!
We've come a long way (especially our font) since then.
0
2
13
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2
29
If
#prorogation
advice is found unlawful next week, the most challenging 'leap' for the Supreme Court will be the question of remedies.
*Highly recommend* reading the great
@jeff_a_king
on this:
& see
@RobertCraig3
on Art IX
3
7
29
SO EXCITING!
🗻🗻🗻of gratitude to our excellent editors
@RamsesWessel
&
@JorisLarik
for their work delivering "EU External Relations Law 📙💼📑"
(Make sure to check out
@ProfPech
& my chapter on EU External Human Rights Policy)
@MDXlaw
#RuleofLaw
Team
@hartpublishing
0
4
30
Absolute joy and an honour to speak at my college
@OrielOxford
on the rule of law, the place where I first read about it, and to deliver the Floreat Oriel toast.
Big thanks to Senior Lecturer in EU Law and
@OrielAlumni
@JoelleGrogan
for delivering a compelling analysis of the current
@UKSupremeCourt
proceedings at the
@OrielOxford
Gaudy on Saturday.
2
1
10
1
2
30
Does the
#RuleOfLaw
have a core meaning?
Yes. Yes, it does.
Read the latest research on
#EU
#RuleOfLaw
by
@reconnectEU
WP7 team led by Monsieur
@ProfPech
& our fantastic colleagues incl
@BardPetra
@JulindaBeqiraj
@carlos_closa
@ProfKochenov
@BGrabowskaMoroz
📝 Does the rule of law in the EU have a core meaning, or is it subjected to ambiguous interpretation depending on our (supra)national understanding?
Find out more in the blog post
@JoelleGrogan
@ProfPech
@MDXlaw
and working paper
0
8
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1
7
28
2. The UKSC were convinced by the UN’s evidence of the situation on the ground in Rwanda.
UN evidence underlined a poor
#humanrights
record and systemic issues: lack of legal advice, concerns for judicial independence, and no appeal of a decision on record.
1
3
28
1/ I talked
#prorogation
on
@BBCNews
this morning from a
@MDXlaw
colleague's office, with another lecturer's jacket on. I think few seriously considered this happening. I didn't.
(...even if I had drawn
@stickytrickylaw
post-its, I still thought - )
3
3
28
Almost entirely certain that I'll soon be a morality tale on why you should never go on radio to discuss Brexit with jetlag and a cold. NEVERTHELESS!
I'll be chatting with the wonderful
@PhilWilliams
tonight after 10.30pm, and try (my best) to navigate through today's votes.
5
2
28
Every law (and politics) student *please* take note.
You *still* have time before your exams.
*Please.*
📢The European Convention on
#HumanRights
& the European Court of
#HumanRights
are NOT part of the
#EU
!
(They're part of
@coe
)
Want to know what the
#ECHR
is, and what the
#HumanRightsAct1998
does for those in the UK?
@alicedonald
&
@EHRAC_hq
are here to help.
0
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1
6
28
Over the past 12 weeks, I had the joy and privilege of working with the incomparable
@Verfassungsblog
team and 100+ contributors worldwide to bring together the
#PowerandPandemic
Symposium.
The Online Symposium "Power and the COVID-19 Pandemic" has ended. A big thank you to all involved!
#PowerandPandemic
@reconnectEU
@DemocracyR
All contributions at a glance:
0
8
13
1
8
28
In the run up to the publication of the
#Routledge
Handbook of Law and the COVID-19 Pandemic,
@alicedonald
& I will be highlighting our exceptional authors.
First, the great
@DemocracyTalk
writing on the future of global
#democracy
.
2
2
27
Set deadline for final assignment as last Friday in March (as usual) - this year it's the 29th.
Certainly increased the drama of exams when I announced "YOU MUST SUBMIT YOUR LAST EU LAW ESSAY BEFORE THE UK LEAVES THE EU."
0
4
26
Just had a missed video call from someone who wanted to know what the "hot water bottle button" does.
I've updated my vocabulary.
0
0
27
About a year ago I was getting very damp outside the Supreme Court talking about the UK's constitutional upheaval.
Glad things have calmed down since and I can continue to enioy my annual leave.
3
0
26
Live now
@reconnectEU
!
Excellent panel w/ Prof Dieter Grimm (former Justice German Fed Constit Crt), Prof Kim Lane Scheppele &
@MDXlaw
@ProfPech
on
@BVerfG
decision on
@ecb
#PSPP
contradicting
#CJEU
and the *critical* questions for the
#RuleOfLaw
in the
#EU
.
Fascinating.
2
4
27
With astonishing, if not jaw-dropping, speed
@MDXlaw
⭐️
@ProfPech
delivers his opinion of the Court of Justice’s interim relief order against Poland's "⭐️-Chamber" in Commission v Poland.
The order was handed down **yesterday**.
Winning legal battles is important in the fight for the EU rule of law against Poland, but winning the fight is something different.
LAURENT PECH on the ECJ injunction against the "disciplinary chamber" and the refusal of the COM to face up reality.
2
34
57
2
10
25
*Types 1000 words*
*Waits*
*Looks at news*
*Waits*
*Hovers mouse over send button*
*Looks at News*
*Laughs*
*Cries*
*Delete. Delete. Delete*
1
2
26
Thrilled, excited & otherwise delighted for the upcoming
#PandemicTreaty
Symposium on international
#pandemiclawmaking
launching 20 Sep with daily analysis on
@Verfassungsblog
&
@PetrieFlom
's
#BillofHealth
blog.
1
8
26
Talking the significance for Brexit of today's votes on
@BBCNews
after 7pm, and answering questions on what's next after 8pm on
@bbc5live
.
For those who need an early night after it all - I'll also be explaining what this means tomorrow morning after 6am on
@BBCBreakfast
.
4
1
25
Delighted to speak today on resilience & sustainability of rule of law in the EU, and joining leading experts to celebrate the wonderful Professor
@BardPetra
.
A stellar lineup in Nijmegen to discuss the
#ruleoflaw
, including
@BardPetra
,
@rdanielkelemen
,
@JoelleGrogan
,
@JMorijn
,
@ProfPech
and more than 45 other academics and experts. Provisional programme and registration:
2
21
54
0
2
26
Privileged (and excited) to be along with
@RobertCraig3
again tomorrow throughout the day on
@BBCNews
, and to take stock at c.8.30pm of what will be (no matter what) a momentous judgment.
I am due to be on BBC News tomorrow at various points all day from 0900 and most likely doing the c.8.30pm slot with
@JoelleGrogan
(nothing confirmed yet).
2
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37
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3
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Following his article arguing for
#ECHR
withdrawal, listen in to Lord Sumption and myself discuss the legal steps and consequences for the UK in the latest Spectator podcast.
3
9
26
For essential legal analysis on
#Article7
, follow
@ProfPech
,
@rdanielkelemen
@IdJButler
@alemannoEU
@DemocracyTalk
&
@ProfKochenov
- and check out great work from
@reconnectEU
team.
For the first time in
#EU
history, the
@Europarl_EN
has voted to trigger
#Article7
proceedings against Member State
#Hungary
for
#RuleOfLaw
violations by the
#Hungarian
government.
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16
26
All I want this Christmas is for everyone to have a general understanding of Constitutional and EU law.
2
3
24
Joining chapter co-author and real tennis player
@ProfPech
this morning
@EU_Commission
to launch 📖 'Human Rights Law and Evidence-Based Policy: the Impact of the EU's Fundamental Rights Agency' edited by Rosemary Byrne & Han Entzinger.
@EURightsAgency
#FRA
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3
25
I knew
@ProfPech
before he was famous.
"Laurent Pech, a professor of European law at
@MiddlesexUni
, said a Polish ruling against ECJ supremacy would amount to "a nuclear strike against the EU legal order" as it "would not be dis-applying an ECJ judgment [as in the German case] but EU treaty provisions"."
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11
24
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3
24
Today was my last EU lecture and last teaching of the academic year. It was (appropriately) on Brexit.
I'm sure I share with many colleagues the feeling of how surreal it is to wake in the morning and be unsure what will be in the afternoon's lecture.
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