4 ms·

I read that the EU ruled a similar EU wide law unlawful recently. Can they not do the same here? I always thought that although the UK can make it's own laws it

I read that the EU ruled a similar EU wide law unlawful recently. Can they not do the same here? I always thought that although the UK can make it's own laws it couldn't override EU rulings.

MatthewWilkes 12y ago
That's why this law is being brought in. It's not an overnight thing to invalidate a law, if they change it slightly they get another period of doing evil until they're ordered to stop again.
- k-mcgrady 12y ago
  Thanks for clarifying.
- omh 12y ago
  It may be slightly more clever than that. David Allen Green suggests[1] that this moves the legislation so that it is directly implemented by UK law rather than as a result of an EU law. This means that the current court ruling wouldn't apply and that it would be almost impossible to mount a similar court challenge in future. [1] Non-reg link: http://www.google.co.uk/url?sa=t&source=web&url=http://blogs.ft.com/david-allen-green/2014/07/11/drip-drip-drip-the-emergency-surveillance-law-erodes-our-civil-liberties/ http://www.google.co.uk/url?sa=t&source=web&url=http://blogs...
  - AlyssaRowan 12y ago
    He's not to my reading saying it would be 'almost impossible' to mount a similar challenge in the future. The "DRIP Bill" (thanks, that's a great term) is fairly obviously taking the piss with the ECJ ruling, considering it contains a big slice of the "Snoopers' Charter" and is going in exactly the wrong direction. It would, however, require a new legal challenge to the Supreme Court or the ECJ/ECHR to fight this, and they probably think that will take somewhat longer than 2 years, 2 years during which they get more retention, after which they'll probably either renew it or change it a bit again, probably for the worse because some of the Tories like Theresa May and Cameron don't even think this went far enough (wtf?!), and reset the clock again... maybe I'm being cynical, but I think my cynicism is well-earned here. Gah.
pjc50 12y ago
http://www.bbc.co.uk/news/world-europe-26935096 http://www.bbc.co.uk/news/world-europe-26935096 (includes link to judgement. Note this is European Court of Justice not European Court of Human Rights) The extent to which the UK can override EU law is unclear, even given Factortame.

I read that the EU ruled a similar EU wide law unlawful recently. Can they not do the same here? I always thought that although the UK can make it's own laws it couldn't override EU rulings.

MatthewWilkes 12y ago

That's why this law is being brought in. It's not an overnight thing to invalidate a law, if they change it slightly they get another period of doing evil until they're ordered to stop again.

k-mcgrady 12y ago
Thanks for clarifying.
omh 12y ago
It may be slightly more clever than that. David Allen Green suggests[1] that this moves the legislation so that it is directly implemented by UK law rather than as a result of an EU law. This means that the current court ruling wouldn't apply and that it would be almost impossible to mount a similar court challenge in future. [1] Non-reg link: http://www.google.co.uk/url?sa=t&source=web&url=http://blogs.ft.com/david-allen-green/2014/07/11/drip-drip-drip-the-emergency-surveillance-law-erodes-our-civil-liberties/ http://www.google.co.uk/url?sa=t&source=web&url=http://blogs...
- AlyssaRowan 12y ago
  He's not to my reading saying it would be 'almost impossible' to mount a similar challenge in the future. The "DRIP Bill" (thanks, that's a great term) is fairly obviously taking the piss with the ECJ ruling, considering it contains a big slice of the "Snoopers' Charter" and is going in exactly the wrong direction. It would, however, require a new legal challenge to the Supreme Court or the ECJ/ECHR to fight this, and they probably think that will take somewhat longer than 2 years, 2 years during which they get more retention, after which they'll probably either renew it or change it a bit again, probably for the worse because some of the Tories like Theresa May and Cameron don't even think this went far enough (wtf?!), and reset the clock again... maybe I'm being cynical, but I think my cynicism is well-earned here. Gah.

pjc50 12y ago

http://www.bbc.co.uk/news/world-europe-26935096 http://www.bbc.co.uk/news/world-europe-26935096 (includes link to judgement. Note this is European Court of Justice not European Court of Human Rights) The extent to which the UK can override EU law is unclear, even given Factortame.