3 ms·
>Not really, it still needs to be ratified by the member states of the EU (and even after that citizens in some of the states can start a referendum about it)
by M2Ys4U 11y ago
>Not really, it still needs to be ratified by the member states of the EU (and even after that citizens in some of the states can start a referendum about it)
That's not true.
Under the Data Protection Directive the Commission, acting alone, can do this.
Article 25(6):
"The Commission may find, in accordance with the procedure referred to in Article 31 (2), that a third country ensures an adequate level of protection within the meaning of paragraph 2 of this Article, by reason of its domestic law or of the international commitments it has entered into, particularly upon conclusion of the negotiations referred to in paragraph 5, for the protection of the private lives and basic freedoms and rights of individuals.
Member States shall take the measures necessary to comply with the Commission's decision."
>The pact is so vague about the protection of European citizens that there's a good chance that the European Court of Justice won't accept it
I'd go as far as saying it's almost certain.
- reirob 11y agoAFAIU the commission can indeed do it and sadly until now it can be considered the most powerful institution in EU. At the same time the commission is not a very democratic institution, because the members and the director of the commission are not elected by the European population and the acts of the commission are not underlying to much control from other institutions. If I understood it, the situation got a bit better last years as the parliament has a bit more power now - but I don't know the mechanics. Disclaimer: This is only my uninformed understanding as an EU citizen.
- germanier 11y agoThe Commission needs to be voted in by the European Parliament. They can't propose a Commission on their own (only the Council can do so which consists of the head of states or governments). However, the parliament can vote against the proposal and forced candidates out in the past. It's actually not too different from how governments are elected in many countries.
- killerpopiller 11y agoI am not convinced that the sole word of the Commission will suffice.. that was after all the core of the safe harbour-decision
- M2Ys4U 11y agoWell the Commission can't act contrary to the law. Or, rather, if it does then the CJEU will rule those actions to be invalid if somebody was to bring judicial review proceedings. The Schrems case stemmed from the fact the the Irish DPA refused to investigate Facebook's transatlantic data transfer because Safe Harbor was in place. Schrems challenged that decision in the Irish High Court, the HC then referred the case to the CJEU which declared the agreement to be invalid because it violated the Charter of Fundamental Rights.