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Yes, but if the directives go against the ECHR, they cannot be implemented in any member state. This has happened, for example, with the data storage directive

Yes, but if the directives go against the ECHR, they cannot be implemented in any member state. This has happened, for example, with the data storage directive.

littlestymaar 3y ago
But this isn't a proposal for a directive, but for a regulation which doesn't need to be implemented and is instead directly effective…
- impossiblefork 3y ago
  There is no such thing as 'directly effective' in the EU. The member countries are actually sovereign.
  - littlestymaar 3y ago
    Sigh… Why do you keep talking about things you have no idea about? Art 288 TFEU: > A regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member States. The “direct effect” of European Union's law is one of the key features of the EU and one that makes it so different from regular international organization. See this if you want to actually learn something: https://eur-lex.europa.eu/EN/legal-content/summary/the-direct-effect-of-european-union-law.html https://eur-lex.europa.eu/EN/legal-content/summary/the-direc... Member countries are actually delegating their sovereignty to the EU on certain topics (TFEU art. 3)
    - impossiblefork 3y ago
      Even if it shall have general application, in all EU countries it is illegal for it have to general application. There can be no justification for violating the ECHR, and that includes EC directives. "The High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms defined in Section I of this Convention" The EC can give what directives it wants, but no EU member state may implement it if it goes against the ECHR.
      - littlestymaar 3y ago
        Again, this isn't a directive, this is a regulation. And while the EU is supposed to join the ECHR at some point (this is planned by Lisbon's treaty), the process has been stuck for the past 15 years so it has no power on EU's right, at least not yet. Stop trying to fight facts! It's not some hypothetical thing, it is happening right now.

Yes, but if the directives go against the ECHR, they cannot be implemented in any member state. This has happened, for example, with the data storage directive.

littlestymaar 3y ago

But this isn't a proposal for a directive, but for a regulation which doesn't need to be implemented and is instead directly effective…

impossiblefork 3y ago
There is no such thing as 'directly effective' in the EU. The member countries are actually sovereign.
- littlestymaar 3y ago
  Sigh… Why do you keep talking about things you have no idea about? Art 288 TFEU: > A regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member States. The “direct effect” of European Union's law is one of the key features of the EU and one that makes it so different from regular international organization. See this if you want to actually learn something: https://eur-lex.europa.eu/EN/legal-content/summary/the-direct-effect-of-european-union-law.html https://eur-lex.europa.eu/EN/legal-content/summary/the-direc... Member countries are actually delegating their sovereignty to the EU on certain topics (TFEU art. 3)
  - impossiblefork 3y ago
    Even if it shall have general application, in all EU countries it is illegal for it have to general application. There can be no justification for violating the ECHR, and that includes EC directives. "The High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms defined in Section I of this Convention" The EC can give what directives it wants, but no EU member state may implement it if it goes against the ECHR.
    - littlestymaar 3y ago
      Again, this isn't a directive, this is a regulation. And while the EU is supposed to join the ECHR at some point (this is planned by Lisbon's treaty), the process has been stuck for the past 15 years so it has no power on EU's right, at least not yet. Stop trying to fight facts! It's not some hypothetical thing, it is happening right now.