Discover and read the best of Twitter Threads about #CJEU

Most recents (14)

Over the year we will be tweeting a thread for each of the Court's 70 years of existence. Today: #2021 #CJEUin70Days Image
#2021: The Court reaffirmed that the employer's need to present themselves to customers in a neutral manner or to prevent social conflicts may justify the prohibition on visibly wearing political, philosophical or religious symbols at work. (C-804/18, C-341/19)
#2021: The #EUGeneralCourt confirmed the fine of €2.42 billion: #Google abused its dominant position by favouring its own product comparator over competing product comparators (Google and Alphabet v Commission, T-612/17)
Read 7 tweets
Useful 🧵 on today’s #CJEU Dwyer judgment - a notorious murder in Ireland that was only solved because location data was routinely saved for 2 yrs in case police needed access in a criminal investigation. /1
This enabled the crime to be pinned on a previously unsuspected architect, whose professional movements over a long period corresponded with those of the incriminating phone. /2
I was an expert witness in the case so will not comment further on a judgment that largely follows #CJEU precedent, whatever you think of it (other approaches are available: see #ECtHR). /3
Read 7 tweets
Over the year we will be tweeting a thread for each of the Court's 70 years of existence. Today: #1958 #CJEUin70Days
#1958: As with the Court of Justice of the #ECSC, the members of the Court of Justice of the European Communities were appointed for a period of six years, by common agreement of the representatives of the governments of the Member States #CJEUin70Days
#1958: The members of the Court of Justice of the European Communities took office on October 7, 1958 #CJEUin70Days
Read 12 tweets
"An overview of national top courts challenging the supremacy of EU law"
By @pietercleppe:
brusselsreport.eu/2021/10/12/an-…
#EUlaw @EUCourtPress #Poland #CJEU #ECJ
"Over the years, there have been several other EU member states where top courts have challenged the superiority of EU law."
"In Poland, the Constitutional Court already ruled in 2005 that “while EU law may override national statutes, however, it does not override the Constitution""
Read 16 tweets
Report from EU Commission highlights major inadequacies in materials submitted to #AnBordPleanala for remedial assessment on unlawful #DerryBrien #Windfarm. This is compounded by really serious failings in Board's handling of #PublicParticipation process
independent.ie/business/farmi…
An application went to Board in August 2020, but a further round on consultation was triggered given changes made to the Irish legislation for this process to address issues identified in a Supreme Court ruling in July 1 in case taken by An Taisce. But ....
Despite the fact the Oireachtas had required in primary legislation the new info to be made available online by An Bord Pleanala they didn't do so for over 3 weeks of a 5 week consultation - buried in height of August holiday period & weeks after the issue was highlighted to them
Read 10 tweets
With just a few days left in a turbulent year, we are looking back at some of the key discussions in European surveillance politics in 2020. A central theme were attempts to regulate & roll back existing, possibly undemocratic practices of industry & state security actors. (1/57)
One of these practices is big-data or predictive policing, a method of algorithmic risk mapping that has increasingly been used by law enforcement departments around Europe. Concerns include limited effectiveness & reproduction of bias with a veneer of objectiveness. (2/57)
So is predictive policing really a good idea? What advantages does it bring? How does it sit with the right to presumption of innocence and civil liberties? We asked academics, politicians, police chiefs & business leaders these questions: (3/57)

aboutintel.eu/predictive-pol…
Read 57 tweets
Run-up to the #EUCO
#RoL THREAD 1/12

According to information leaked from #Polish diplomatic circles, there is an agreement between the 🇭🇺&🇵🇱 governments & @EU2020DE on the modalities of ending the #BudgetBlockade.
@jancienski @VALERIEin140 @MarkusBecker
444.hu/2020/12/09/kes…
2/12
According to the plan, an #EUCO declaration will explain/limit the scope of the #RuleofLaw conditionality regulation as well as the timeframe of its application. The deal was allegedly sealed by #Orban & #Morawiecki Tuesday evening. @RULEOFLAWpl
rmf24.pl/newsamp-kompro…
3/12
Apparently #EUCO is ready to declare that member states will refrain from the application of the regulation in the Council as long as #CJEU is not ruling about the action for annulment case which will be brought forward against the regulation by 🇵🇱& 🇭🇺.
@PiotrBuras1
Read 16 tweets
Is the EU really insisting that the Human Rights Act remains unchanged? It doesn’t look like that to me – and (despite what others have said) the Security Minister did not contradict me. From today’s evidence session: parliamentlive.tv/event/index/24…
The EU *is* demanding from us a guarantee of continued adherence to the #ECHR: but since our commitment to that is now "absolute" (phew), the Minister seems confident that the issue can be finessed in the text of an agreement: parliamentlive.tv/event/index/24…
A bigger obstacle is data adequacy, where (absent a deal satisfactory to #CJEU) the ragbag of BCRs, SCCs, Interpol, CoE and bilateral deals mentioned by the Minister parliamentlive.tv/event/index/24… will make for what @UCL_EI call "a rocky few years ahead": ucl.ac.uk/european-insti….
Read 6 tweets
After some time away from research due to reasons and stuff, time to get back to my book-proposal. Given recent developments, I thought I'd share some thoughts on what I do.

Put simply, my research concerns the question why there is so much law in EMU. A (long) thread/
The recent judgement by the #BVerfG on the ECB is only the latest instalment of the controversial role of law for the euro. However, there is no proper account of what law exactly does for the euro, why it is so prominent, and lastly, what we may expect from law (and Courts). /2
I argue that we should pay attention to the legal form of the rules of the euro, namely their basis in the EU Treaties. This greatly affects what was expected of the law, how the rules were made and how they can be changed. I call this the constitutionalization of the euro. /3
Read 18 tweets
Some commentators of today's #BVerfG decision argue that it shows an #ordoliberal bias. Here are some first thoughts about this 1/
From a certain perspective, the #BVerfG decision ticks some key ordoliberal boxes: a) purporting to maintain a constitutional order that limits discretionary economic policy; 2/
b) advising the ECB to remain within its mandate, i.e. a rules-based approach; c) by forcing the ECB to consider the wider economic effects of #PPSP, it is signalling concern about potential “market-distorting” consequences 3/
Read 23 tweets
1/ Tuesday 6 May 10:00 the German constitutional court (#BVerfG) issues ruling on the #ECB’s quantitative easing, the Public Sector Purchase Programme (#PSPP). Here is a short thread on possible rulings and how likely they are:
bundesverfassungsgericht.de/SharedDocs/Ter…
2/ What is it about? First, there are doubts about the compatibility of the PSPP with the prohibition of monetary financing according to Art. 123(1) TFEU
eur-lex.europa.eu/LexUriServ/Lex…
3/ Second, the ECB might have overstepped its mandate. According to principle of conferral (Art. 5 of the Treaty on European Union – TEU, in conjunction with Arts. 119, 127 et seq. TFEU), the ECB shall act only within the limits of the competences ...
eur-lex.europa.eu/LexUriServ/Lex…
Read 22 tweets
Steadily approaching #GDPR anniversary and I see two big & fundamental issues everyone is really struggling with:
1️⃣Lawful grounds for processing
2️⃣DPIAs
One is as old as #EUdataP law itself but the #GDPR has injected new impetus. The other is yet to be learnt properly. Thread⬇️
There are three grounds for processing that get 99% of the attention:
1️⃣Consent seems easy & solid, but it is the most difficult.
2️⃣Contractual necessity is yet to be explored & debated properly.
3️⃣Legitimate interest is seen as the holy grail but remains largely misunderstood.
The standards for valid consent will eventually be settled by #CJEU but it is clear that #GDPR raises the bar well above what has become common practice (think cookie banners & ‘take it or leave it’ approaches). So consent is bound to become the residual option, not the default.
Read 6 tweets
1/ Hogan Lovells (HL - @hoganlovells) ‘Global Media and Communications Watch’ blog examines #Article13/#Article17 of the #EU #CopyrightDirective hlmediacomms.com/2019/04/01/dsm… #SaveYourInternet #Artikel13 #Artikel17
2/ HL reminds everyone that #Article13/#Article17 “makes some online services primarily liable for copyright infringement in relation to the acts of their users” #CopyrightDirective #SaveYourInternet #Artikel13 #Artikel17
3/ HL points out that “while the online content sharing services are urged to conclude licensing agreements with right holders or get their authorisation, it is expressly stated that rightholders are free to refuse to grant authorisation” #SaveYourInternet #Article13 #Article17
Read 13 tweets
The Advocate General made the exit-Brexit decision look easy /1
His view that #Art50 is unilaterally revocable is so strongly argued and expressed that it is hard to see the full Court taking a radically different view /2
But don’t forget that the Commission and the EU 27 Member States (through the Council, from whose position not one of them chose to dissent) all argued in #CJEU that Art 50 was NOT unilaterally revocable/3
Read 9 tweets

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