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Thread: Ireland loses in the ECJ on data protection

  1. #11
    Politics.ie Member eurosceptic's Avatar
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    Jens Peter Bonde has been an outspoken critic of this new "competence creep" where justice policy measures are processed as common market regulations to avoid national veto's.

  2. #12
    Politics.ie Member eurosceptic's Avatar
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    The lisbon no side need to make hay on this as the best irish legal advice on european treaties has been proven to be wrong. How can the lisbon no side be denounced as liars when the ECJ finds our government's best lawyers wrong.

  3. #13
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    Quote Originally Posted by eurosceptic View Post
    The lisbon no side need to make hay on this as the best irish legal advice on european treaties has been proven to be wrong. How can the lisbon no side be denounced as liars when the ECJ finds our government's best lawyers wrong.
    Actually, I think this case highlights the attitude the Irish govt holds towards its own people. It wanted the legislation under the JHA pillar for the very reason that it didnt want the ECJ 'interferring'(read upholding people's rights) when the Irish govt, its agencies and the gardai abused people's rights of privacy.

    The ECJ cares more about our the protection of our data than our own government.

  4. #14
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    The case was not about the quality of the decision making in relation to data retention, it was about who gets to make the decision.

    Our government, with all the expert legal advice available to it, thought it was the decision maker. The institutions of the EC thought different. So Ireland took them to Court.

    The European Court of Justice is the court that decides who decides... and it has held in favour of the institutions.
    'Personally, I find the notion of changing our constitution in exchange for a loan absolutely disgusting'. - Tin Foil Hat

  5. #15
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    Quote Originally Posted by eurosceptic View Post
    Jens Peter Bonde has been an outspoken critic of this new "competence creep" where justice policy measures are processed as common market regulations to avoid national veto's.
    No shortage of competence creeps, sure enough.
    'Personally, I find the notion of changing our constitution in exchange for a loan absolutely disgusting'. - Tin Foil Hat

  6. #16
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    Quote Originally Posted by eurosceptic View Post
    The lisbon no side need to make hay on this as the best irish legal advice on european treaties has been proven to be wrong. How can the lisbon no side be denounced as liars when the ECJ finds our government's best lawyers wrong.
    Harsh but true, if by wrong you mean not upheld by the Court. Fwiw I think the government lawyers were right, but that makes no difference to anything. What matters is that the government's understanding of where power lies on this issue has been sunk by the European Court, and there is no comeback.
    'Personally, I find the notion of changing our constitution in exchange for a loan absolutely disgusting'. - Tin Foil Hat

  7. #17
    Politics.ie Member eurosceptic's Avatar
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    Next time the no sides analysis is called lies dust this down. Every no campaigner must learn this off!

  8. #18
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    Quote Originally Posted by eurosceptic View Post
    Next time the no sides analysis is called lies dust this down. Every no campaigner must learn this off!
    Why if the directive should have been under thge JHA pillar, was Ireland and Slovenia the only state's to protest.

    The simple fact is that the Irish govt had in mind future abuses of Irish citizens privacy and didnt want the ECJ to step in and protect the citizen from abuses by the Irish state.

    Not to mention it wanted to bypass the European Parliament, the only democratic institution of the EU.

  9. #19
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    Quote Originally Posted by eurosceptic View Post
    Next time the no sides analysis is called lies dust this down. Every no campaigner must learn this off!

    Aarrghhhhh
    'Personally, I find the notion of changing our constitution in exchange for a loan absolutely disgusting'. - Tin Foil Hat

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