References to the European Court of Justice and the February 2018 decisions of the District Court, Amsterdam

Professor Anthony Arnull, University of Birmingham, UK The decision of 7 February 2018 The interim decision of the District Court, Amsterdam, of 7 February 2018 caused quite a stir among Brexit-watchers. The case concerned promised not only to be the first reference to the Court of Justice on Brexit but also to raise one of the most fundamental questions posed by the UK’s decision to withdraw from the EU: whether, in the absence of an agreement to the contrary, withdrawal would necessarily mean that UK nationals would lose their EU…

EU Law Analysis: A Bridge to Nowhere? The Brexit transition period: analysis and annotation

Professor Steve Peers, University of Essex Last week saw significant developments in the Brexit talks. On Monday March 19th, the EU27 and the UK agreed on a large part of the proposed withdrawal agreement, most notably the details of a transition period (lasting from Brexit day in March 2019 to the end of 2020) which the UK was particularly concerned to agree. (There were earlier drafts of the entire agreement on February 28 and March 15). Subsequently, on Friday March 23rd, the EU27 decided that there was sufficient progress in…

the GDPR and the ‘winter package’ of EU clean energy law

Alessandra Fratini and Giulia Pizza, FratiniVergano, European Lawyers – a Brussels-based law firm specialising in European and international law On 30 November 2016, the Commission launched the “Clean Energy for All Europeans” legislative package, aimed at modernizing the European electricity market and facilitating the transition to more decentralized, clean energy solutions. “Decentralization” is seen as a driver for innovation and the key factor for rebalancing energy actions in favour of a demand-driven policy, where consumers are equipped with the right tools to actively participate in this paradigm shift. Smart metering…

EU Law Analysis: Citizens’ Rights after Brexit: A Personal Perspective

Professor Steve Peers, University of Essex I rarely say anything very personal on this blog – or indeed, in any other context. But I think it’s important to discuss immigration more often from a personal perspective, not just in the abstract. Of course economic statistics are useful when discussing economic impact, and I hope my detailed legal analysis of the citizens’ rights provisions of the draft Brexit withdrawal agreement is useful for activists and negotiators. Yet since migrants are often compared to pestilence or floods, I think it’s necessary to…

patients and reciprocal healthcare (Updated 18 March 2018)

Tamara K Hervey, Jean Monnet Professor of EU Law, University of Sheffield So it would seem that my early analysis of the implications of the European Commission’s 28 February draft legal text on the Withdrawal Agreement for some of the people-related aspects of health was too early. The European Commission issued a revised version of the text on 15 March 2018.  Here are my views on the revised text as it applies to patients, and in particular reciprocal healthcare between the UK and the EU-27 post-Brexit. There are two key…

EU Law Analysis: EU27 and UK citizens’ acquired rights in the Brexit withdrawal agreement: detailed analysis and annotation

Professor Steve Peers, University of Essex*    The issue of the acquired rights of EU27 and UK citizens has long been a focus of this blog. The latest development in this field is the proposed rules in the Brexit withdrawal agreement on this issue, as recently tabled by the Commission. This follows on from the partial agreement on this issue in the joint report agreed by the UK and EU27 in December, which I analysed here. (Note that the health law implications of this part of the agreement were already…

The Court of Justice to the rescue? Some thoughts on the ECJ ruling in Associação Sindical dos Juízes Portugueses

Laurent Pech, Professor of European Law, Middlesex University London Sébastien Platon, Professor of Public Law, University of Bordeaux 1. Introduction The ECJ’s judgment in the case of Associação Sindical dos Juízes Portugueses (Case C-64/16) is noteworthy for two reasons. First, it is arguably the most important judgment since Les Verts  as regards the principle of the rule of law in the EU legal system. Secondly, it comes close to being the EU equivalent of the US Supreme Court case of Gitlow as regards the principle of effective judicial protection (Gitlow…

Dispute settlement and the ECJ in the draft withdrawal agreement

Professor Steve Peers, University of Essex* One of the most contentious issues in EU/UK relations after Brexit is going to be the extent to which there is still some residual connection between the UK and the EU’s Court of Justice. At first, that issue will arise in the withdrawal agreement which is being negotiated, a draft of which was tabled by the EU Commission last week. It will eventually arise to some extent also in the future relationship between the two sides, but let’s focus on the withdrawal agreement for…

Death Sentence for Autonomous Investment Protection Tribunals

Von Daniel Thym, Chair of Public, European and International Law, University of Konstanz Public debates are short-lived: the international media was thrilled by the regional parliament of Wallonia threatening to block the CETA Agreement with Canada. At the moment, free trade is more popular as a result of Donald Trump’s opposition, since few Europeans feel comfortable promoting a similar approach as the US president. We should be careful, however, not to be forget underlying structural issues besides the headline news about punitive tariffs on European steel or American orange juice.…