7 ms·

Yeah one thing the EU as well as most local European courts care about is showing good faith, not just to the court but also to the other party. (Due to how US

Yeah one thing the EU as well as most local European courts care about is showing good faith, not just to the court but also to the other party. (Due to how US law works, this isn't quite the case in the US: respect for the court is enforced, respect for the other party isn't required.) One of the big reasons why CJEU is handing out massive fines to the big tech companies is because of the blatant non-compliance to orders from local courts and DPAs by constantly demanding appeals to them and refusing to even attempt to do anything until CJEU affirms the local courts (and usually ramping up the fines a bit more at that). It's a deliberate perversion of the judicial process so that GAFAM can keep violating the law by delaying the proper final judgement. They'd not have gotten higher fines if they just complied with the local courts while the appeal was going on; that'd be a show of good faith, which European courts tend to value.

mschuster91 1y ago
Ding ding ding. You are right on the money. Our entire legal system is based on first time offenders getting off with a slap on the wrist (if even that, you'll most likely get away with merely a warning if it's a new law or you were just incompetent or had bad luck) and only if you keep offending you'll get screwed eventually. Our aim is to have as much voluntary compliance as possible to the laws. In contrast, American jurisdiction is "come down hard from the get-go if it's warranted, but the richer you are the better your chances are at just lawyering yourself out of trouble", and the cultural attitude is "it's better to ask for forgiveness than permission". That fundamentally clashes with our attitude, and not just the general public but especially the courts don't like it when companies blatantly ignore our democratic decisions just to make short term money (e.g. Uber and AirBnB).

mschuster91 1y ago

Ding ding ding. You are right on the money. Our entire legal system is based on first time offenders getting off with a slap on the wrist (if even that, you'll most likely get away with merely a warning if it's a new law or you were just incompetent or had bad luck) and only if you keep offending you'll get screwed eventually. Our aim is to have as much voluntary compliance as possible to the laws. In contrast, American jurisdiction is "come down hard from the get-go if it's warranted, but the richer you are the better your chances are at just lawyering yourself out of trouble", and the cultural attitude is "it's better to ask for forgiveness than permission". That fundamentally clashes with our attitude, and not just the general public but especially the courts don't like it when companies blatantly ignore our democratic decisions just to make short term money (e.g. Uber and AirBnB).