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Posts by John Cotter

Whether breaches outside the scope of EU law could amount to breaches of Art. 2 legal obligations is not completely clear.

8 hours ago 1 0 1 0

I’m glad I’m not the only one.

I think breaches of EU law obligations beyond the Charter could be breaches of Art 2.

As to what it adds, I think it’s another step towards the Court effectively finding a State to fulfil the Art 7(2) TEU criteria by stealth. See @profpech.bsky.social’s posts.

8 hours ago 1 0 1 0

Yes, I’m leaning towards they didn’t deal with the question at all. Although, para. 550 isn’t the easiest to explain fully.

9 hours ago 2 0 1 0

My tentative conclusion: it’s still an open question.

11 hours ago 2 0 0 0

Art 7(2) TEU: European Council may determine existence of a serious and persistent breach by a Member State of Art 2 TEU value(s)

Additional Art 7-like option now: Commission may ask Court to confirm existence of manifest and particularly serious breaches of Art 2 TEU value(s) by a Member State

11 hours ago 16 10 1 0

Question would then be whether there would be an obligation on the European Council and Council to act.

11 hours ago 1 0 1 0

Yes, I can see it; very close to the wording in Article 7(2); the Court could make a subsequent finding of persistence, for instance, to complete the criteria.

11 hours ago 0 0 1 0

Possibly paying for staying up too late last night marking formative assessments, but I’m struggling to interpret paras 545ff (especially 550 in conjunction with 547) insofar as it relates to whether Article 2 TEU could be used autonomously (I.e., without connection to EU-law obligations elsewhere).

11 hours ago 4 0 2 0

I’m just wondering what the procedural basis for such a request might be? Do you mean separate Article 258 TFEU proceedings in which the Commission asks the Court to rule there exists a “serious and persistent” breach? That might go beyond that Court’s jurisdiction under Article under 258?

11 hours ago 1 0 1 0
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English version of today’s judgment now available on Eur-Lex: eur-lex.europa.eu/legal-conten...

12 hours ago 16 10 0 0

Ah. Will have a closer look at it once it’s available in English or German.

14 hours ago 0 0 1 0

I’m not sure (need to read the entire judgment) that autonomous use of Article 2 has been shut off (the Court didn’t need to get into that here and in fact might have found the Article 2 plea extraneous). We have come along way, however, from a near consensus that Article 2 wasn’t justiciable.

15 hours ago 3 0 1 0

In concrete terms, not much perhaps. As has been commented below, the size of fines, perhaps. Also, it puts increased Art. 7 pressure on the political institutions. Lenaerts also talks about a stone-by-stone approach.

15 hours ago 1 0 1 0

They didn’t really have to, I suppose. It’s still a significant step forward.

16 hours ago 1 0 1 0

All 621 paragraphs. Better put the kettle on.

16 hours ago 2 0 1 0

The full written judgment doesn’t appear to be available yet…

17 hours ago 1 0 1 0

The Court of Justice has found, for the first time, that a Member State (Hungary) is in breach of Article 2 TEU (values of the EU) as a standalone provision. curia.europa.eu/site/upload/...

17 hours ago 34 15 1 3

(I can’t get no) benediction.

1 day ago 7 1 0 0

Article 22 TFEU essentially allows mobile EU citizens to vote and run for office in European Parliament and local elections in an EU member state other than their home state on the same basis as citizens of the host state.

1 day ago 2 0 0 0
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Both cases were infringement proceedings brought against the Czechia and Poland, whose national laws prevented mobile EU citizens from becoming members of political parties or movements within the states concerned. The Commission successfully argued that these laws infringed against Article 22 TFEU.

1 day ago 1 0 1 0
Preview
The right of mobile EU citizens to become a member of a political party or political movement after <i>Commission v Czech Republic and Commission v Poland</i> [pre-publication] - Common Market Law Rev... View The right of mobile EU citizens to become a member of a political party or political movement after <i>Commission v Czech Republic and Commission v Poland</i> [pre-publication] by - Common Marke...

My case note on Commission v Czech Republic and Commission v Poland (the right of mobile EU citizens to become a member of a political party) is in April's issue of the Common Market Law Review (kluwerlawonline.com/journalartic...)

1 day ago 2 0 1 0

Not “thanks to traditions” but because the Treaties require EU Commissioners to be independent from national governments. In practice EU Commissioners are seen as national ambassadors, in blatant breach of the Treaties. Time to activate Art 17,5 TEU and make the Commission truly independent

1 day ago 31 11 3 1

Farage is such a paint-by-numbers pub bore of a populist: ‘if in power, I’ll do x and Y evil and/or dumb and/or illegal things, which will require a massive state bureaucracy, which I’ll also gut, while cutting taxes.’

Christ, if only we’d seen this before somewhere else.

2 days ago 8 0 0 0

No Harold Godwinson jokes around John. Too soon. Probably fuming after seeing the Bayeux Tapestry.

2 days ago 1 0 1 0

Seeing John Redwood’s name pop up again brings back some of the memories of the classic days of Brexit Twitter: the ERG star chamber; the Malthouse compromise; Nadine Dorries’s WhatsApp confusion over the Customs Union; media caring what Mark Francois thought, etc.

2 days ago 6 0 1 0

It rings a bell. Was it perchance about whether fish in the English Channel in 1066 could be defined as British fish or Anglo-Norman fish?

2 days ago 2 0 1 0
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I was a big fan of Redwood’s Twitter account back in the day and I am delighted to see he’s still got it.

2 days ago 3 0 3 0
Headline from Bolton News: Disgust after huge stash of vacuums found fly-tipped near beauty spot

The photo underneath them shows a gigantic pile of vacuum cleaners ditched in a hillside. Either that or it's a field and the photographer couldn't keep the camera straight.

Headline from Bolton News: Disgust after huge stash of vacuums found fly-tipped near beauty spot The photo underneath them shows a gigantic pile of vacuum cleaners ditched in a hillside. Either that or it's a field and the photographer couldn't keep the camera straight.

proof that nature truly abhors them

2 days ago 94 23 5 4

It’s also not the same team that won the previous titles (if you’re grasping for straws).

2 days ago 0 0 1 0

Before using the “Sir, this is a Wendy’s” meme in the future, we should probably check on the Wendy’s statement of values, given that corporations seem to be diversifying into right-wing culture warfare.

2 days ago 4 0 0 0