4 ms·

difficult balancing act. Having a legislative body throwing fundamental rights out of the window isn't appealing either.

JumpCrisscross 2y ago
> Having a legislative body throwing fundamental rights out of the window isn't appealing either They’re not. They’re discussing it. Even if they pass it, it’s subject to court review.
- Aerroon 2y ago
  Yes, it's subject to court review... Five years down the line. Meanwhile they will force member states to act according to it. If they refuse they will sue them! This is exactly what happened with the Data Retention Directive: https://en.wikipedia.org/wiki/Data_Retention_Directive https://en.wikipedia.org/wiki/Data_Retention_Directive >According to the Data Retention Directive, EU member states had to store information on all citizens' telecommunications data (phone and internet connections) for a minimum of six months and at most twenty-four months, to be delivered on demand to police authorities. First passed: March 15, 2006 Came into force: May 3rd, 2006 The law was introduced in Romania, but a year later the constitutional court struck it down. In 2011 the European Commission sued Romania for not implementing the law and fined them for it. This forced Romania to sign a new law in 2012, which was also declared unconstitutional in 2014. >On 8 April 2014, the Court of Justice of the European Union declared the Directive invalid And the kicker is that the UK has tried to implement a similar law domestically two more times.
lucianbr 2y ago
It's only difficult because people keep voting for politicians willing to throw fundamental rights out the window. I don't think any solution exists in this circumstance. People want to vote for bad politicians but to get good results. Good luck designing a system that does that, and does not just discount what people vote for.

4 ms·

difficult balancing act. Having a legislative body throwing fundamental rights out of the window isn't appealing either.

by mro_name 2y ago

JumpCrisscross 2y ago
> Having a legislative body throwing fundamental rights out of the window isn't appealing either They’re not. They’re discussing it. Even if they pass it, it’s subject to court review.
- Aerroon 2y ago
  Yes, it's subject to court review... Five years down the line. Meanwhile they will force member states to act according to it. If they refuse they will sue them! This is exactly what happened with the Data Retention Directive: https://en.wikipedia.org/wiki/Data_Retention_Directive https://en.wikipedia.org/wiki/Data_Retention_Directive >According to the Data Retention Directive, EU member states had to store information on all citizens' telecommunications data (phone and internet connections) for a minimum of six months and at most twenty-four months, to be delivered on demand to police authorities. First passed: March 15, 2006 Came into force: May 3rd, 2006 The law was introduced in Romania, but a year later the constitutional court struck it down. In 2011 the European Commission sued Romania for not implementing the law and fined them for it. This forced Romania to sign a new law in 2012, which was also declared unconstitutional in 2014. >On 8 April 2014, the Court of Justice of the European Union declared the Directive invalid And the kicker is that the UK has tried to implement a similar law domestically two more times.
lucianbr 2y ago
It's only difficult because people keep voting for politicians willing to throw fundamental rights out the window. I don't think any solution exists in this circumstance. People want to vote for bad politicians but to get good results. Good luck designing a system that does that, and does not just discount what people vote for.