tag:blogger.com,1999:blog-8704899696538705849.post8960044902965389141..comments2024-03-28T02:32:17.979-07:00Comments on EU Law Analysis: Justice and Home Affairs in the future UK/EU relationship: analysis of the negotiation positionsSteve Peershttp://www.blogger.com/profile/05869161329197244113noreply@blogger.comBlogger8125tag:blogger.com,1999:blog-8704899696538705849.post-11123576200261897272021-09-29T08:37:28.585-07:002021-09-29T08:37:28.585-07:00This comment has been removed by a blog administrator.Jame Allenhttps://www.blogger.com/profile/04254183372551943778noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-54444106363853636932020-11-24T05:39:57.730-08:002020-11-24T05:39:57.730-08:00This comment has been removed by a blog administrator.Hdpcgameshttps://www.blogger.com/profile/11443224470062465360noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-811396745230842392020-03-02T05:59:55.464-08:002020-03-02T05:59:55.464-08:00That's a separate issue, because it's unil...That's a separate issue, because it's unilateral and so not covered by negotiations as such. It is also partly dependent upon pending CJEU cases, the outcome of which we cannot be certain of. (The pending Schrems case is also relevant to alternatives in the event that there's no adequacy decision). Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-73928948555729775642020-03-02T05:32:17.718-08:002020-03-02T05:32:17.718-08:00I find your assessments quite optimistic. The Comm...I find your assessments quite optimistic. The Commission needs to adopt an adequacy decision pursuant to the law enforcement directive for some of these assessments to become reality.<br />Are you also optimicstic about this prospect?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-55675716669299342382020-03-02T04:08:57.292-08:002020-03-02T04:08:57.292-08:00Thank you. I accept your point re EEA as a matter...Thank you. I accept your point re EEA as a matter of pure law, but not sure it will be seen that way on this side of the Channel. And this possible ECHR stand-off won't help either, sadly. Anonymoushttps://www.blogger.com/profile/00616026533364010527noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-21385163038093846082020-03-02T03:18:57.782-08:002020-03-02T03:18:57.782-08:00Because: the EEA system has nothing to do with the...Because: the EEA system has nothing to do with these JHA treaties; Switzerland, also with many JHA treaties with the EU, is not in the EEA; and the blog post also refers to treaties with the USA, Japan and Canada. Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-21805512264094469032020-03-02T01:14:17.410-08:002020-03-02T01:14:17.410-08:00Good morning Steve,
Thank you as ever for another ...Good morning Steve,<br />Thank you as ever for another excellent and timely piece. I'm curious as to why Norway and Iceland can be cited as authoritative examples of 3rd countries with which the EU has agreements in various of the areas cited without conditions such as CJEU oversight/ binding jurisprudence etc. As EEA members with full access to the Single Market, bound to EU law in many areas; their compliance overseen by the ESA and judicial oversight by a supra national court that takes account of CJEU jurisprudence post the EEA agreement signature; (and with considerable soft cooperation occuring between the EU and EFTA sides on an ongoing basis), I would have thought the comparison self-defeating. Were the UK to have sought to drop back to EEA status, then yes. But absent that, the retort from the EU - pointing to the above legal infrastructure and safeguards that sit behind individual areas of cooperation with Norway and Iceland, is surely unassailable? Interested in your thoughts please.Anonymoushttps://www.blogger.com/profile/00616026533364010527noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-82288447704050038272020-02-28T07:45:31.941-08:002020-02-28T07:45:31.941-08:00I suspect the UK will be keen to include a nationa...I suspect the UK will be keen to include a nationality bar as per Norway/Iceland model of extradition, as it's long been a rally cry domestically that the EAW is used to seek surrender of British nationals for low level offences, and by states considered to have 'lower' standards of justice without a requirement for evidence.<br /><br />The statistics suggest that's far from true, but when did reality ever matter? Jonhttps://www.blogger.com/profile/12877514284776746185noreply@blogger.com