The ECJ’s decision on whether to allow the panel in question to see Trump documents

Tina Nicolini writes:

The Press Association reports the EU Court of Justice is being asked to let the infamous state panel see some Trump presidential transition files.

The members of the so-called Special Panel are barred from gaining access to any sensitive papers relating to the UK and EU in the UK.

They are also banned from making a decision about the papers, regardless of whether it benefits the UK or not.

There was an application to make the panel able to see relevant files relating to its Brexit decision, but this has been denied for “intellectual and procedural reasons”.

Article 90 of the EU Charter states: “If any part of a judgment of this court affects the exercise of any competence conferred on it by the European Union… the member states can exclude from application the judgment of the court in such a manner as they consider suitable”.

However, it looks like the court is being asked to agree with the US.

Last year US District Judge James Boasberg said the panel had no power to pass judgement on Trump’s property interests abroad (e.g. hotels in Indonesia, which could be harming UK trade).

“The only country [the panel can pass judgment on is the US] to which the Court has sovereignty”, Judge Boasberg said.

… adding: “The public is not entitled to learn how this nation’s judiciary is practising its authority or engaging in political debate – the very thing (namely, because it depends on it for the independence of the judiciary) that makes the United States unique amongst democratic societies.”

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