Category Archives: Court of justice of the European Union

UK says it wants to substantially rewrite Northern Ireland Brexit protocol

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Blueprint for alternative arrangement published as sources say protocol was flawed at conception

The UK has launched an audacious bid to rewrite a key plank of the Brexit deal, saying the Northern Ireland protocol was flawed at conception but served its purpose to get the UK out of the EU as “one country”.

The European Commission immediately ruled out a renegotiation of the deal, which was trumpeted by Boris Johnson as a solution to the Irish border impasse two years ago. The commission is understood to be open to some changes on the special arrangements for Northern Ireland, however.

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EU launches legal action over LGBTQ+ rights in Hungary and Poland

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Ruling is part of ongoing fight for rule of law and freedom from discrimination in heart Europe

The EU executive has launched legal action against Hungary and Poland to defend LGBTQ+ rights in the latest battle over values with the two nationalist governments in central Europe.

The announcement that Hungary and Poland’s governments could end up in the EU’s highest court is part of an ongoing existential fight for the rule of law and freedom from discrimination in the heart of Europe.

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‘Legal Polexit’: Poland court rules EU measures unconstitutional

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European court of justice had demanded suspension of Polish reforms that could lift judges’ immunity

Poland’s top court has ruled that measures imposed by the European court of justice against the country’s controversial judicial reforms are unconstitutional, in a decision that could have far-reaching implications for the bloc’s legal order.

Judge Stanislaw Piotrowicz said on Wednesday that Poland’s constitutional court had reached a majority verdict that EU measures regarding the “system, principles and procedures” of Polish courts were “not in line” with the Polish constitution.

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EU takes legal action against Germany after tussle between courts

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Brussels says German court ruling contradicting ECJ sets ‘dangerous precedent’ for integrity of EU law

Brussels has launched a legal case against Germany over an alleged breach of “the principle of the primacy of EU law” by the country’s constitutional court.

The “infringement proceeding” is the result of a ruling last year by the German federal constitutional court in Karlsruhe which it is claimed undermined the pre-eminence of the European court of justice (ECJ).

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ECJ rejects Hungarian case against MEPs’ vote to pursue sanctions

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Hungary fails in attempt to argue abstentions should have been taken into account in 2018 vote

The European court of justice has dismissed an attempt by Hungary to reverse the outcome of a vote by MEPs that for the first time in the EU’s history triggered a process that could lead to a country being stripped of voting rights in Brussels.

A resolution in 2018 raising concerns over the independence of Hungary’s judiciary, the functioning of its constitution and attacks on freedoms of association, religion and expression passed by a majority of votes cast.

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Dominic Raab ‘totally misunderstands’ Northern Ireland Brexit terms, warns EU

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European vice-president Maroš Šefčovič says claim about Brussels trying to erect barrier down Irish Sea undermines UK’s reputation

Britain’s foreign secretary, Dominic Raab, has been accused by Brussels of displaying a “total misunderstanding” of the Brexit deal after claiming the EU was trying to erect a barrier between Northern Ireland and Great Britain.

Maroš Šefčovič, the European commission’s vice-president, said Raab’s comments raised major questions, and warned that Britain was tarnishing its global reputation by ignoring the terms of its agreements with Brussels.

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EU parliament strips Carles Puigdemont and two other Catalans of immunity

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Spain seeking extradition related to separatists’ role in organising 2017 independence referendum

The European parliament has voted to lift the immunity of the former Catalan president Carles Puigdemont and two of his ministers, taking them a step closer to extradition and prosecution in Spain.

MEPs voted by 400 to 248 with 45 abstentions in the case of Puigdemont and 404 to 247 with 42 abstentions regarding Antoni Comín and Clara Ponsatí, respectively the former health and education ministers in Puigdemont’s government.

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EU court rules against Hungary over law that targeted Soros-affiliated university

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Billionaire philanthropist hails ‘victory’ but says court’s decision too late to save university’s presence in Budapest

The European Union’s highest court has ruled that changes by Hungary to its law on higher education, which effectively forced a university founded by George Soros to leave the country, were not in line with EU law.

The European court of justice (ECJ) ruled against prime minister Viktor Orbán’s government, saying in the ruling that “the conditions introduced by Hungary to enable foreign higher education institutions to carry out their activities in its territory are incompatible with EU law”.

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European court of justice advises Madeleine McCann suspect was lawfully tried in rape case

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Preliminary opinion a setback for Christian Brückner’s attempt to appeal conviction using European arrest warrant rules

The prime suspect in the disappearance of the British toddler Madeleine McCann was told that he was lawfully put on trial for rape last year, as his lawyers attempt to overturn that conviction at the European court of justice.

Christian Brückner, a 43-year-old German, is trying to overturn his conviction for the rape of a 72-year-old American woman in Praia da Luz, Portugal, in 2005. He has argued at the ECJ that he had been extradited to Germany from Portugal, and later Italy, on a different charge.

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Brexit: Boris Johnson faces Eurotunnel test

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UK and EU at odds over role of European court of justice in settling disputes

Boris Johnson is facing a major Brexit test with the future of Eurotunnel operations at stake, it has emerged.

The EU wants the UK to drop its opposition to a role for the European court of justice in British affairs to ensure trains keep running between France and the UK after Brexit is implemented on 1 January.

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Merkel intervenes in damaging row between Germany and Brussels

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European commission has warned of possible legal action over constitutional court ruling

Angela Merkel has stepped in to try to find a way out of a damaging clash between Germany and Brussels after the EU threatened to bring infringement proceedings over a ruling by the country’s constitutional court.

The German chancellor stressed that the dispute was solvable, after the European commission president, Ursula von der Leyen, issued an unusual statement on Sunday warning of possible legal action against Berlin.

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EU court rules three member states broke law over refugee quotas

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Czech Republic, Hungary and Poland failed to comply with 2015 programme, ECJ says

Poland, Hungary and the Czech Republic broke European law when they failed to give refuge to asylum seekers arriving in southern Europe, often having fled war in Syria and Iraq, the EU’s top court has ruled.

The three central European countries now face possible fines for refusing to take a share of refugees, after EU leaders forced through mandatory quotas to relocate up to 160,000 asylum seekers at the height of the 2015 migration crisis.

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Brussels allows UK to subsidise fossil fuel generators

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Controversial energy scheme had been halted by European court

The UK’s largest fossil fuel generators may be back in line for almost £1bn in backup power subsidies this winter after the European commission approved the UK’s flagship energy scheme, which was ruled illegal last year.

A shock European court ruling brought the government’s “capacity market” to a standstill last November, triggering an in-depth investigation into whether the UK’s plan to pay power plants to stay open was compatible with EU state aid law.

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