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Steve Peers
@StevePeers 5 years, 8 months ago 1187 views

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I love the smell of a leaked legal service opinion in the morning

The conclusion: the EU Council legal service says that it's OK for the Brexit deal to be concluded with the UK by the EU only, not needing Member States' participation

The reasoning: the legal service distinguishes between competences reserved to Member States, and competences shared with the EU. For the latter, the EU has the choice of concluding an EU-only treaty.

The legal service summarises the prior case law backing up its interpretation.

It refers to the Weddell case, concerning competence to conclude a treaty on the Antarctic environment, where Member States *could* be involved. But that was based on the particular legal features of the Antarctic treaty; and the UK is not Antarctica.

Applying this reasoning to the UK deal, the legal service says that there's nothing in it which involves exclusive Member State competence. Therefore the EU can choose to conclude it as an EU-only treaty.

In particular competence is shared as regards the social security and aviation parts of the treaty. But again: this means that there's a choice to conclude the treaty as an EU-only treaty, or also with Member States as parties.

The legal service also notes that the UK and individual Member States can sign bilateral agreements within the scope of the Brexit deal - subject to the limits set out in the agreement.

Just thinking of all the times people argued that the treaty would *have* to be ratified by all the Member States - and all the times I replied that we would have to wait and see.

An initial reaction to the legal service opinion from the Walloon Parliament...

Full text of the Council legal service opinion on the Brexit deal now here - https://t.co/zqemdVtQNn

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Carissa Byrne Hessick
@CBHessick

I have seen so many people (including folks on #lawtwitter) comparing what happened at the Capitol yesterday with the violence and property damage that happened in some cities during protests last summer.

Let me explain what is wrong with that analogy . . . . .

To clarify -- my disagreement is not with those who are pointing out that law enforcement didn't respond with the same level of force and arrests at the capitol as it did during BLM protests.

That comparison deserves to be drawn and it raises some very important questions.

My disagreement is with those who are saying that what happened at the Capitol yesterday is so similar to what happened during protests this summer, that people's reactions ought to be similar--a suggestion that those reacting more strongly now are hypocritical.

Here's one example of someone (a law professor) making the argument. But I've seen it plastered across the site all day, it keeps cropping up in my mentions, and so I want to respond.

Very different reaction then. But kudos to those who\u2019ve consistently condemned riots. I hope, if nothing else, today\u2019s violence means we are all on the same page now. https://t.co/JhWadB80So
— Andy Grewal (@AndyGrewal) January 7, 2021

There are a number of things that distinguish what happened at the Capitol from what happened during BLM protests. The most obvious is the reason that people protested---some protested about factually false claims about election fraud; others about real police shootings.

AG
@AGHamilton29

These people weren't murdered. They were legally executed after convictions for horrendous crimes, being sentenced to the death penalty, and going through countless appeals.

The 13 people murdered by Trump's death row killing spree:

Daniel Lee
Wesley Purkey
Dustin Honken
Lezmond Mitchell
Keith Nelson
William LeCroy Jr.
Christopher Vialva
Orlando Hall
Brandon Bernard
Alfred Bourgeois
Lisa Montgomery
Corey Johnson
Dustin Higgs

Say their names.
— Cori Bush (@CoriBush) January 17, 2021

You can oppose the death penalty as a punishment without pretending that the people executed were victims or that carrying out those executions is comparable to murder.

As an example: Daniel Lee was a white supremacist who murdered a family (including an 8-year-old girl) by suffocating them with bags and then dumping their bodies in a swamp.

That's whose name @CoriBush wants you to remember.

Wesley Purkey admitted to kidnapping, raping, and then murdering a 16-year-old girl named Jennifer Long. He then dismembered her body. He also beat an 80-year-old woman to death.

Maybe we should learn the names of his victims instead, @CoriBush?

Dustin Honken was a meth dealer that murdered 5 people, including 2 girls under the age of 11, because their dad was set to testify against him on drug charges. He was specifically sentenced to death for killing the 2 kids.

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Jesse Hynes
@jesse_hynes

A necessary clarification needs to be made with regards to securities laws because I’ve been seeing a theory lately not based on law but based on false presumptions. Before I do so, I want to note that I DO NOT think that XRP is a security (before I get “FUD” responses). 1/

Here it goes: There has been a theory that the SEC should only be pursuing the sales of XRP by Ripple, and once it exchanges hands it is no longer a security. Basically the theory is that the XRP the common investor holds (who bought off an exchange) is not a security because 2/

there is no privity with Ripple. Stated differently, the assumption is the SEC should categorize XRP into two pots: 1) XRP sold by Ripple and 2) all other XRP . The theory continues that a difference should be made and the SEC should clarify that it is only alleging the 3/

transactions made by Ripple to be transactions of securities. This theory is a fallacy. I’ve seen this theory argued by comparing XRP to a stock and noting the differences. It is important to note that this type of comparison cannot apply. 4/

The SEC is not alleging that XRP is a stock, but rather an “investment contract”. An Investment Contract is (1) an investment of money (2) in a common enterprise (3) with the expectation of profit (4) derived solely from the efforts of others. 5/

David Begnaud
@DavidBegnaud

NOW: 6 days after the insurrection, the FBI says it’s ready to prove a “quick” update.
Here goes with updates from FBI:
•160 cases files have been opened
•100,000 digital media tips have been received
•they FBI admits they had intelligence warning of an attack

•FBI says an arrest the night before the Capitol attack indicates they took action
•@AndyTriay has previously reported: FBI “disrupted” a number of individuals from traveling to DC. Which means they were urged not to come – or somehow stopped.

•FBI says there will be hundreds of criminal cases against suspects at the Capitol and prosecuting them could take months
•the acting D.C. U.S. attorney says most investigations were opened on misdemeanor charges but now the feds will indict those people on federal felonies

BREAKING: The acting U.S. Attorney in Washington D.C. says he’s ordered prosecutors to build cases to charge Americans who stormed the Capitol with sedition & conspiracy, if the evidence warrants charges against them depending on how they were involved.

NOW: Acting U.S. Attorney in D.C. says charges will also be brought against people who attacked members of the media.

chika unigwe
@chikaunigwe

Of all the stupidest things I read this week, none was more stupid than the Ekiti State Police Command standing behind their dismissal of a pregnant policewoman because according to Mr. Babatunde Mobayo, the command’s commissioner,

“Section 126 of the regulation (states) that married woman police (sic) who is pregnant may be granted maternity leave, while Section 127 (states that) unmarried woman police (sic) who becomes pregnant shall be discharged from the Force" & needs IGP's approval to be enlisted

So if Sis had been married, she would not have been punished. And if the man who got her pregnant had been a police officer one is to assume he wouldn’t have lost his job. It wouldn’t have mattered then whether he was married or not.

It is frustrating that in this 21st century, our women are still being treated like second class citizens with single women at the bottom of the ladder. In some cities, young women can’t rent because foolish landlords refuse to rent to unmarried women.

Some hotels won’t let them in because no man. What’s next? Single women can’t drive? Shop? Eat? Women need to show proof of marriage to teach? Enter cabs? Travel? The ridiculousness knows no end. Na who do us this thing?

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SRISAILAM: KASHI OF THE SOUTH (AP)
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The divine abode of Mallikarjuna Swamy (Jyotirlinga) and Devi Brahmaramba (Shaktipeeth).

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$Art Historian* \U0001fa94$

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@Arthistorian18

The last Hindu king of Pakistan.

The name Amarkot is known to all in our subcontinent as the birthplace of Emperor Akbar. When Humayun was fleeing from Sher Shah, Rana Prasad of Amarkot sheltered him and this is where Emperor Akbar was born.

#Thread
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@talesofBharat

They have always maintained friendly relations with the rulers. The Mughal court and the Rana of Amarkot had special respect because Emperor Akbar was born in the shelter of Amarkot Raj. They did not even have to attend court regularly.

2/19

Dara Shikohar provided Rana supplies to Amarkot during his expedition to Kandahar.
But another reason why the name of this Amarkot is inextricably linked with the history of the subcontinent is the partition of the country.
Sodha is the family name of the Maharajas of..

3/19

Amarkot,They were originally known as Sodha Rajputs. Despite possessing a very small kingdom, he was far ahead in terms of wealth and honor. During the British rule, Rana Ratan Singh led the anti-British movement in Sindh. In 1753, the British occupied the state of Amarkot,
4/19

which was his and his ancestral home, and hanged Rana Ratan Singh on a high platform on the walls of Amarkot fort. It hangs in front for a few days. Even today, a folk song called "Mor tor tilaya rana" is very popular in Sindhi language.
After the capture of the fort by the
5/19

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@RamblingSingh

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[ a thread ] 💻🏠🌍

🏦Third Space: Office and Working from Home will be joined by somewhere close by that a number of people will use

Supermarkets or local bank branches should emerge as a convenient ubiquitous location option – if they are smart

⏰Asynchronous Work: Offices are instantaneous gratification distraction factories where synchronous work makes it impossible to get stuff done

Tools that enable asynchronous work are the most important thing globally remote teams need. A lot of startups will try to tackle this

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