Catherine Barnard Profile
Catherine Barnard

@CSBarnard24

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Professor of EU law and Employment Law, Trinity College, Cambridge; senior fellow, UK in a Changing Europe

Joined June 2011
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@CSBarnard24
Catherine Barnard
26 days
Delighted that our book on the lives of EU migrant workers in Great Yarmouth now published. Great support by @BrisUniPress @ESRC @UKandEU . Very grateful to all our interviewees, especially to @GyrosOrg and its staff, including the artist for the cover.
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@CSBarnard24
Catherine Barnard
4 years
Call me a pedantic EU lawyer, but the ECJ is in Luxembourg....
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@CSBarnard24
Catherine Barnard
2 months
Withdrawing from the ECHR has consequences. Leaving aside the reputational damage, there will be issues in respect of our relations with the EU: under the Withdrawal Agreement in respect of the Windsor Framework on NI 1/3
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@CSBarnard24
Catherine Barnard
2 years
Proofs have arrived. That heart sinking moment when you have to face your own words. Book due out in the summer. @OUPAcademic @cambridgelaw @UKandEU
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@CSBarnard24
Catherine Barnard
4 years
This is rather remarkable stuff
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@CSBarnard24
Catherine Barnard
4 years
Just in case you felt you were missing out on matters European, the third edition of our book has just been published. Thanks to my wonderful co-editor @StevePeers , to our fabulous contributors and to the good people @OUPLaw .
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@CSBarnard24
Catherine Barnard
3 years
Cassis de Dijon is the best known product in EU Law. The judgment is 40 years old. There’s now a fine book out on it. Thanks to @hartpublishing , @EULegalStudies .
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@CSBarnard24
Catherine Barnard
3 years
So talk this evening about the possibility of the EU terminating the TCA if gov't starts Art. 16 NIP process (see red boxes). This would take a year (9 mths if only trade part terminated). 1/8
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@CSBarnard24
Catherine Barnard
2 years
It’s just arrived. Thanks to the good folk @OUPAcademic for their help. I love the cover too. As for the content … @UKandEU
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@CSBarnard24
Catherine Barnard
5 years
I say it quietly but the new edition has just been published. Thanks to @OxUniPress for their patience.
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@CSBarnard24
Catherine Barnard
4 months
@campbellclaret @RestIsPolitics @EuropeanPowell It was always known that Freeports would not have the promised economic benefits
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@CSBarnard24
Catherine Barnard
3 years
So 'retained EU law' is going to be a thing of the past according to Lord Frost (). 1/6
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@CSBarnard24
Catherine Barnard
5 years
This statement from Leo Varadkar confirms what the @UKandEU no deal report has been saying . Deal or no deal is just the end of the beginning.
@NickyWoolf
Nicky Woolf
5 years
wow. the PM of Ireland just absolutely *shreds* boris - to his face - here. brutal
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@CSBarnard24
Catherine Barnard
3 years
Given all Brexit nerds are glued to social media at the moment, can I thank everyone who I have had the pleasure of working with over the last five years, especially to the wonderful team @UKandEU
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@CSBarnard24
Catherine Barnard
2 months
Art 771 says these are essential elements. Art. 772 says a serious and substantial failure to fulfil essential elements in Art. 771 allows the other party to terminate/suspend TCA. Just saying 3/3
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@CSBarnard24
Catherine Barnard
3 years
A dull lawyerly point. All this talk about ‘triggering’ Art.16 makes it sound like there will be immediate action. Yet, as Annex 7 shows, it’s a slow burn: notifications, consultation, delay. Assuming, of course, Annex 7 is complied with.
@hhesterm
Holger Hestermeyer
3 years
Annex 7 to the Protocol
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@CSBarnard24
Catherine Barnard
2 months
but also under the TCA, the deal under which the UK trades with the EU. Just one example: the UK and EU are committed to upholding democracy, rule of law, and human rights (Art. 763) 2/3
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@CSBarnard24
Catherine Barnard
1 year
Ever wanted to know why EU Member States surrendered their sovereignty and allowed free movement? Well look no further than the latest edition of the Industrial Law Journal ⁦ @OUPAcademic ⁩ ⁦ @SFraserButlin
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@CSBarnard24
Catherine Barnard
3 years
My own copy of this baby has just arrived. Happy 40th to this momentous judgment. Thanks to all involved @EmilijaLeinarte @bleucht @georges_baur @cambridgelaw @hartpublishing
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@CSBarnard24
Catherine Barnard
3 years
Thinking about studying law at university? New edition of ‘What about Law?’ published today @hartpublishing @cambridgelaw . Not just great cover but good, accessible content too.
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@CSBarnard24
Catherine Barnard
5 years
This pretty much sums it up.
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@CSBarnard24
Catherine Barnard
7 years
Second edition of our EU text just arrived. @StevePeers & I want to thank brilliant authors and team @OUPAcademic
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@CSBarnard24
Catherine Barnard
10 months
Too kind. May I suggest we were ahead of the curve!!! #BarbieMovie
@ClaudinaRichrds
Claudina Richards 🇪🇺
10 months
'Come on Barbie, let's learn EU' My copy arrived this morning and the cover is very much on trend! @StevePeers @CSBarnard24
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@CSBarnard24
Catherine Barnard
4 years
And this too. Clear instructions to the UK courts
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@CSBarnard24
Catherine Barnard
3 years
My box of copies of the new edition of ‘What about Law’ has just arrived. Great read for those thinking of studying law at university @GrahamVirgo @ProfMarkElliott @cambridgelaw @hartpublishing . Thanks to all involved.
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@CSBarnard24
Catherine Barnard
9 months
I’ve been trying to understand how the new EU rules on the digital economy may impact traditional thinking about labour law. Answer: it may be transformative.
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@CSBarnard24
Catherine Barnard
2 years
Bloomberg ( @alexwickham ) is reporting that the UK government is going to start proceedings under the Trade and Cooperation Agreement (TCA) over denying UK access to the science programmes Horizon, Copernicus, and Euratom 1/6
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@CSBarnard24
Catherine Barnard
4 years
This is important. Three Member states have already said they won’t execute European Arrest Warrant on their citizens to UK in transition. U.K. not a Member State.
@StevePeers
Steve Peers
4 years
Text of EU Council decision setting up working party on the UK - Will consist of Member States' civil servants overseeing implementation of the withdrawal agreement and Commission negotiations with the UK.
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@CSBarnard24
Catherine Barnard
1 year
Government now says 3200 pieces of identified and verified retained EU law so far (originally 2400). Dashboard to be updated to show this @UKandEU @jillongovt
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@CSBarnard24
Catherine Barnard
5 years
We’re celebrating (?) 40 years of the famous Cassis de Dijon decision today @TrinCollCam @cambridgelaw . Tasting may take place later.
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@CSBarnard24
Catherine Barnard
5 years
The right to turn off electronic devices outside working hours under Spanish law from today.
@rodriguezluz_
Luz Rodriguez
5 years
Desde hoy está en vigor el derecho a la desconexión laboral 👇
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@CSBarnard24
Catherine Barnard
7 months
So, our book has gone into the production stage. It’s about EU migrant workers in Great Yarmouth pre and oust Brexit. The picture is of the house @fiona_costello lived in. Thanks @UKandEU for the support.
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@CSBarnard24
Catherine Barnard
3 years
With all the talk about the UK starting the process under Art 16 NIP, I'm retweeting my flowchart of the various legal pathways, with the nuclear option (in red) now added of the EU terminating the TCA (takes 12 mths).
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@RaoulRuparel
Raoul Ruparel
3 years
Useful thread from @Mij_Europe , obviously agree as I set out my view over a month ago that UK would likely trigger Art16. That's been case for some time. Interesting discussion here therefore is around EU retaliation. From this thread, I think EU may well play into UK hands...1/
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@CSBarnard24
Catherine Barnard
3 years
Join us on Thursday, 11 March 2021 - 11.30am Online webinar on the Uber decision Speakers: Dr Zoe Adams, Professor Catherine Barnard, Professor Simon Deakin, Ms Sarah Fraser Butlin, Professor Owen Warnock Zoom registration link:
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@CSBarnard24
Catherine Barnard
4 years
Socially distanced welcome to all our wonderful freshers @TrinCollCam .
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@CSBarnard24
Catherine Barnard
5 years
A rather special night @TrinCollCam - a new master, Dame Sally Davies @UKAMREnvoy and a new Nobel prize winner, Didier Queloz.
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@CSBarnard24
Catherine Barnard
3 months
The Retained EU law (Revocation and Reform) Act has made it back to the front pages again. The Sunday Tel to be precise.
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@CSBarnard24
Catherine Barnard
4 years
And this too
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@CSBarnard24
Catherine Barnard
6 years
Congratulations to our wonderful @TrinCollCam students graduating today in glorious sunshine. The College looks at its best.
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@CSBarnard24
Catherine Barnard
7 years
Many congratulations to Prof Alex Walsham @TrinCollCam for her very well deserved CBE for services to history.
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@CSBarnard24
Catherine Barnard
4 years
Trinity is looking beautiful today. For those coming for interview @TrinCollCam @cambridgelaw we are looking forward to meeting you and wish you well.
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@CSBarnard24
Catherine Barnard
9 months
Fascinated by retained EU law and equal pay? Here's my best guess at what is happening @pickardje @stevepeers @GeorgePeretzKC 1/10
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@CSBarnard24
Catherine Barnard
3 years
This is odd - retained EU law does already have a clear legislative status in the UK system; it takes precedence over conflicting UK law unless and until government legislates to amend it. Presumably this 'supremacy' provision will be removed... 5/6
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@CSBarnard24
Catherine Barnard
2 years
If you would like to know more, see @UKandEU
@SkyNews
Sky News
2 years
Every farmers' worst nightmare is coming to pass. The mass culling of healthy animals because there simply aren't enough butchers to process them and get them off farms. It's the largest culling of healthy pigs in the history of British farming. So how did we get here?
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@CSBarnard24
Catherine Barnard
6 years
My new @2903cb podcast , this time an interview with Sir Ivan Rogers on his lecture 'Brexit as a Revolution' delivered @TrinCollCam , where Brexit is going, and how to advise a Prime Minister facing an EU summit. Produced by @bonisones2
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@CSBarnard24
Catherine Barnard
3 years
A one man encyclopaedia. He does a great service to us all.
@StevePeers
Steve Peers
3 years
I've updated my collection of Brexit litigation to include the recent rulings on UK citizens and EU citizenship, and on non-EU carers of British children applying for settled status:
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@CSBarnard24
Catherine Barnard
3 years
So there's lots of talk about various legal action UK/EU. Lord Frost says he's thinking of starting Art. 738 proceedings of TCA. This is stage 1 of the general dispute resolution mechanism (consultation), then arbitration, possible compliance then tariffs.
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@CSBarnard24
Catherine Barnard
3 years
However, remember, triggering Art. 16 itself is not unlawful. The picture becomes much more messy if Art. 16 is used as a cover for suspending/removing Arts 5-7, 10 and 12 NIP. 2/8
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@CSBarnard24
Catherine Barnard
3 years
.. but that creates its own problems which the 2018 Act was trying to avoid, an Act introduced under a Conservative government, albeit with a different PM. 6/6
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@CSBarnard24
Catherine Barnard
3 years
@timothy_stanley This is the best library in the world @TrinCollCam and this is the best book about libraries.
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@CSBarnard24
Catherine Barnard
6 years
Brilliant lecture given by Ivan Rogers @TrinCollCam last night. Link below. Very well worth a read.
@TrinCollCam
Trinity College
6 years
Transcript of the #Brexit as a Revolution lecture @TrinCollCam by Sir Mark Ivan Rogers, former UK Permanent Representative to the #EU , is now available:
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@CSBarnard24
Catherine Barnard
3 years
My copy has just arrived. Thanks to Simon and his Merry women ⁦ @ZoeAdam87056149 ⁩ ⁦ @SFraserButlin ⁩ and me and the folk ⁦ @hartpublishing ⁩ ⁦ @cambridgelaw ⁩.
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@CSBarnard24
Catherine Barnard
3 years
Here's our new report on the EU Settlement Scheme . Thanks to @jdportes @fiona_costello @jillongovt ; @CR_OBrien @UKandEU tl;dr impressive numbers of applications but problems ahead.
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@CSBarnard24
Catherine Barnard
3 years
This is an interesting read from a man who is an ace public lawyer👇
@thebrieftweet
Thomas de la Mare
3 years
OK, having now read the Parliamentary Commissioner report on Owen Paterson, and his summary of complaints against it, I can say if were hearing a 30 min permission hearing: a. I would require a huge amount of persuasion that he had not had a full opportunity to put his case 1/
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@CSBarnard24
Catherine Barnard
3 years
This is a good, balanced thread emphasising context. All the UK asked for was an FTA and it has got pretty much what it asked for with a few extras. What is striking is the sheer complexity of the text. Dispute resolution is case in point.
@RaoulRuparel
Raoul Ruparel
3 years
As many others I'm still working through the detail of the agreement & all the annexes. But some initial thoughts based on my first read & associated documents. My overriding feeling is that it is pretty much exactly as expected in many parts & largely a balanced deal. 1/
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@CSBarnard24
Catherine Barnard
5 years
Here’s why:
@Adam_Creme
Adam Creme
5 years
In UK politics the biggest lie since the £350 million a week lie is the WTO lie.
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@CSBarnard24
Catherine Barnard
3 years
A point for the nerds about the interaction between the WA and the TCA: Article 749(4) TCA provides:
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@CSBarnard24
Catherine Barnard
3 years
Not a bad showing here either @TrinCollCam
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@rogermosey
Roger Mosey
3 years
For @patrick_kidd and all other friends wondering about the late-flowering @Selwyn1882 wisteria: it’s now putting on quite a show.
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@CSBarnard24
Catherine Barnard
1 year
The brilliant @StevePeers is already out of the starting blocks helping us through the mass of documentation.
@StevePeers
Steve Peers
1 year
Windsor Framework legal text published. Some initial comments 1/
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@CSBarnard24
Catherine Barnard
3 years
But another route is being discussed. If Art. 16 is being used as a cover to suspend/rewrite the NIP, the EU might say that the rule of law has been infringed. So what's the significance? 3/8
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@CSBarnard24
Catherine Barnard
7 years
This is a striking intervention by President of the ECJ.
@thetimes
The Times and The Sunday Times
7 years
Efta court offers Brexit sovereignty compromise, says top EU judge Koen Lenaerts
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@CSBarnard24
Catherine Barnard
3 years
So what is Article 16, I hear you ask. Here it is.
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@CSBarnard24
Catherine Barnard
4 years
I’ve been having a few thoughts on the Internal Market Bill . Thanks @bonisones2 for the questions.
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@CSBarnard24
Catherine Barnard
3 years
And the proofs for the long-awaited new edition of Deakin & Morris have just arrived too, with input from @ZoeAdam87056149 and @SFraserButlin
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@CSBarnard24
Catherine Barnard
2 years
This is a very good explainer of a complex issue 👇
@JoshuaRozenberg
Joshua Rozenberg
2 years
UK court to decide UK future: Supreme Court will consider whether Scotland can hold independence referendum New explainer, free to read:
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@CSBarnard24
Catherine Barnard
3 years
Been thinking about the NIP and what the various options might be if the UK decides to take action (blue) and EU's possible reponse (orange). I am sure twitter lawyers will correct me (and non-lawyers may despair).
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@CSBarnard24
Catherine Barnard
6 years
This has just arrived. Thanks to Niamh, especially, for her hard work and to @hartpublishing hartpublishing for their excellent support
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@CSBarnard24
Catherine Barnard
3 years
Congratulations to all @TrinCollCam @TrinityAccess students who are graduating today. You’ve had a tough year but have made it. Many congratulations to you all. And thanks to @hughhunt for being master of ceremonies.
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@CSBarnard24
Catherine Barnard
3 years
Then terminate or suspend (Art 772(2)) BUT our friend proportionality is there in Art 772(3). So, it’s not a straightforward route for the EU to suspend the Treaty. 8/8
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@CSBarnard24
Catherine Barnard
2 years
We’ve been struggling with understanding the TCA rules on goods. They are so different to the single market rules on free movement. Are we right? @EmilijaLeinarte @cambridgelaw
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@CSBarnard24
Catherine Barnard
6 years
The master of all he surveys @TrinCollCam
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@CSBarnard24
Catherine Barnard
11 months
This is a really good piece. It also effectively makes the case why the Lords and Commons need to agree on a provision controlling the use of executive power in the REUL Bill @SirJJKC @ruthmchambers @UKandEU
@paulwaugh
Paul Waugh
11 months
Jacob Rees-Mogg's Brexit 'bonfire' of EU rules is burning UK Parliamentary sovereignty instead. Tonight's #WaughOnPolitics on how ministers, not the people, are 'taking back control'.
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Catherine Barnard
3 years
Hard to argue there are ‘exceptional circumstances’ justifying instant action under para 3 since the White Paper was published in July and UK has expressed it concerns for months.
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@CSBarnard24
Catherine Barnard
4 years
Having sat next to him electronically today, I can say it was a magnificent shirt.
@mdouganlpool
Michael Dougan
4 years
Shirt from today's @SP_European committee hearing was indeed real, not figment of imagination: drunken purchase while in Paris on 31 January 2020, enjoying not being in Brexitland for the Loons' "Big Day". Sister politely horrified. Me utterly enraptured. Gorgeous.
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@CSBarnard24
Catherine Barnard
3 years
A wonderful profile of a remarkable woman ⁦ @cambridgelaw ⁩ ‘Nobody called me a lefty troublemaker because I acted against the government’
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@CSBarnard24
Catherine Barnard
6 years
Telling statement from AG in Case C-123/17 Yon on EEC-Turkey Assoc Ag'mt: 'membership of the EU is the deepest and most special relationship that a State can obtain; and that any other relationship between a third country and the EU... must necessarily... be less privileged.'
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@CSBarnard24
Catherine Barnard
6 years
Laying it on the line. Canada +++ seems to be off the menu.
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@CSBarnard24
Catherine Barnard
3 years
This is intensely moving. There are many others affected by EUSS in the same way. @eumigrantworker
@mikegoulden
Michael Goulden
3 years
This is my mum, she’s 83 and has got dementia. She met my dad in 1962 when she worked for the British Army as a translator. My dad was in the Royal Artillery. They moved back to England in late 1962 and got married. My sister was born in 1963 and I was born in 1966. She worked
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Catherine Barnard
5 years
A good use of the book I have always found @StevePeers
@FloraRenz
Flora Renz
5 years
I am sorry but I am going to need a new office, because I just had to beat two massive spiders to death with Barnard & Peers’ European Union Law 😱
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@CSBarnard24
Catherine Barnard
2 years
And here is the government link confirming the request for consultations with the EU over UK's (non) participation in Horizon et al: (and an explanation in the thread as to what it all means) @UKandEU @anandMenon1
@CSBarnard24
Catherine Barnard
2 years
Bloomberg ( @alexwickham ) is reporting that the UK government is going to start proceedings under the Trade and Cooperation Agreement (TCA) over denying UK access to the science programmes Horizon, Copernicus, and Euratom 1/6
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Catherine Barnard
3 years
This means 'its gravity and nature would have to be of an exceptional sort that threatens peace and security or that has international repercussions'. Does pulling the plug on Arts 5-7, 10 and 12 NIP hit this threshold? If yes ... 6/8
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Catherine Barnard
5 years
These are rather striking concluding words from @akulith in her important opinion in the relocation cases against PL, HU and Cz, C-715/17 etc
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@CSBarnard24
Catherine Barnard
1 year
And this is what the baby looks like. Thanks, too, to @OUP
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@CSBarnard24
Catherine Barnard
1 year
Delighted to announce the publication of the 4th edition of this beauty thanks to all our excellent contributors and to the students for reading it.
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Catherine Barnard
3 years
This means that breaches of the withdrawal agreement (in the event of non-compliance with arbitration rulings under that agreement within a reasonable time) can be sanctioned by imposing trade or other sanctions under the TCA
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Catherine Barnard
4 years
Alison Young and I have tried to explain what we think is the legal position on how to extend transition under UK law, should the gov't decide to do so. Bottom line: it's not straightforward:
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@CSBarnard24
Catherine Barnard
3 years
Art 763 TCA deals with breach of 'rule of law' (does this require more than breach of the Treaty for which Dispute Resolution Mechanism under the Withdrawal Agreement is available (see slide)?); assuming Art. 763 is satisfied then... 4/8
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Catherine Barnard
2 years
Last session. Wonderful interview with Lady Hale @UKandEU @anandMenon1 Talks of how to be a woman in what was a man’s world. She prefers being described as swashbuckling than Beyoncé.
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@CSBarnard24
Catherine Barnard
5 years
@Trinity1546 ⁩ in the glorious late winter sunshine.
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@CSBarnard24
Catherine Barnard
4 months
Delighted to see that my wonderful colleague and coauthor @SFraserButlin made KC. She is a talented lawyer and a brilliant teacher @cambridgelaw @eumigrantworker
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Catherine Barnard
2 years
UK was due to respond to enforcement proceedings by 15 Aug but deadline pushed back to 15 Sept at the UK's request. This will be a key decision for new PM. Will the UK play ball with the process? (6/6)
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Catherine Barnard
3 years
For non-lawyers, you may be scratching your head. 'Retained EU law' describes how EU regulations, implemented and unimplemented Directives, Treaty provisions, general principles of EU law and EU case law continue to have effect in the UK legal system post Brexit.2/6
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Catherine Barnard
3 years
Art. 763 is an 'essential element' (Art.771). This takes us to Art. 772. The process in Art. 772 is engaged only if there is a 'serious and substantial failure to fulfil any of the obligations described as essential elements in Article 771'. 5/8
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@CSBarnard24
Catherine Barnard
3 years
There's a process - Partnership Council to meet to try to find a solution w/i 30 days (Art 772(2)) 7/8
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@CSBarnard24
Catherine Barnard
1 year
This is an important thread for those interested in migrant worker rights and the issue of (lack of) labour enforcement. What is described is not confined to seasonal workers. Similar accounts presented by migrant workers too @eumigrantworker @UKandEU @StevePeers @thebigbogg
@Mellino
Emiliano Mellino
1 year
1/ Yesterday there was a fascinating session of the @HLHorticulture committee looking at exploitation on the UK's seasonal worker visa scheme. There were some shocking revelations, which you probably missed because it got ZERO press coverage. So here is a 🧵 with some highlights.
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