3 ms·

Can't we just pass a law that is incompatible with this proposal? Or can a new law always overrule existing laws?

by navane 2y ago

tsimionescu 2y ago
New laws always overrule older laws. Most legal systems, including the EU, have a constitution, that is harder to change and that governs what laws are allowed or not (the UK is rather unique in not really having such a law, so that in principle Parliament is free to pass any law they want). Enshrining a right to private communication and online anonimity into the EU constitution would probably prevent such laws from having any hope to go into effect, but that's a massive undertaking that I don't think would easily succeed.
- contravariant 2y ago
  You mean something like a charter of fundamental rights? Perhaps containing the text > Everyone has the right to respect for his or her private and family life, home and communications. Admittedly that is part of a treaty rather than an actual constitution, though those amended treaties are the closest thing the EU has to a constitution.
- handelaar 2y ago
  That right already exists. These Acts are always struck down by the EU's Court of Justice along with all others that are in conflict with the founding legal documents of the Union. The problem is that there isn't a mechanism to refer a proposed Act to that court before it's passed to prevent it hitting the books in the first place, and I think that's something that's easier to fix than (eg) trying to introduce new freedoms to the Bill of Rights when Hungary is able to block that. Locally it'd be progress if member states stopped attempting to transpose new EU law when that law is clearly going to be struck down later on. National courts have that expertise but refuse to use it.
giobox 2y ago
Generally speaking outside of constitutional questions, most legislatures cannot bind their successors. So yes, new laws can be written most of the time in most places.
rmbyrro 2y ago
Apparently this already contradicts some constitutional (right word?) principles in the EU. But they don't care.

Can't we just pass a law that is incompatible with this proposal? Or can a new law always overrule existing laws?

by navane 2y ago

Can't we just pass a law that is incompatible with this proposal? Or can a new law always overrule existing laws?

New laws always overrule older laws. Most legal systems, including the EU, have a constitution, that is harder to change and that governs what laws are allowed or not (the UK is rather unique in not really having such a law, so that in principle Parliament is free to pass any law they want). Enshrining a right to private communication and online anonimity into the EU constitution would probably prevent such laws from having any hope to go into effect, but that's a massive undertaking that I don't think would easily succeed.

contravariant 2y ago
You mean something like a charter of fundamental rights? Perhaps containing the text > Everyone has the right to respect for his or her private and family life, home and communications. Admittedly that is part of a treaty rather than an actual constitution, though those amended treaties are the closest thing the EU has to a constitution.
handelaar 2y ago
That right already exists. These Acts are always struck down by the EU's Court of Justice along with all others that are in conflict with the founding legal documents of the Union. The problem is that there isn't a mechanism to refer a proposed Act to that court before it's passed to prevent it hitting the books in the first place, and I think that's something that's easier to fix than (eg) trying to introduce new freedoms to the Bill of Rights when Hungary is able to block that. Locally it'd be progress if member states stopped attempting to transpose new EU law when that law is clearly going to be struck down later on. National courts have that expertise but refuse to use it.

giobox 2y ago

Generally speaking outside of constitutional questions, most legislatures cannot bind their successors. So yes, new laws can be written most of the time in most places.

rmbyrro 2y ago

Apparently this already contradicts some constitutional (right word?) principles in the EU. But they don't care.