Comment by logicchains
2 days ago
Some European countries like Germany do, but the EU somehow can override those national constitutions.
2 days ago
Some European countries like Germany do, but the EU somehow can override those national constitutions.
No, it can't. It's going to be an interesting legal challenge.
Also, the European Court of Justice has, to the best of my knowledge, not ruled on this yet, either. The fact fight isn't over.
It cannot. EU laws are completely useless and must be implemented by every government as a local law, which won't be more powerful than the constitution.
The problem is that constitutional courts should then say the law was against the constitution and cancel it, but will that happen?
In theory, it can't. But in reality, it does in important cases.
Germany has implemented EU sanctions against a German journalist, which deprive him and his family of the ability to conduct basically any economic activity in Germany or even to leave the country. He is not allowed to work. No one is allowed to pay him money. He has to petition the government every time he wants to access even a small amount of the money in his own bank account. The same restrictions apply to his close family members, because they are suspected of helping him survive financially. He is barred from crossing any border in Europe, including to leave.
He has not been accused or convicted of anything in court. The only procedure that was required to hand down an economic death sentence was for the EU Commission to put his name on a list.
The German government claims this is all okay, because the journalist can proactively challenge his sanction listing in Brussels. It's a years-long process that will require paying lawyers - using money he is not allowed to access.
Needless to say, this is all highly unconstitutional. But the German government simply doesn't care. They just say they're implementing EU sanctions.
https://en.wikipedia.org/wiki/H%C3%BCseyin_Do%C4%9Fru
Very weird case. I don't think anyone can survive here in Germany on a 503€ allowance he gets, and let alone having some probable but unproven ties to a state considered an enemy since only recently, I would find crippling someone to that degree harsh even for a convicted war criminal. He's apparently not even allowed to pay rent!
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Genuinely thank you for linking to him and his case.
I live in Germany and am -principally- a massive advocate for and proponent of the free (or liberal) democratic basic order ("FDGO" [0]) we have had here for the last decades, and apart from Chat Control, I’m usually very highly pro-EU, too.
But reading this has genuinely left me in a bit of a shock now, and created some (for lack of a better word) FUD I haven’t felt before with regard to these two, eh, institutions governing us.
[0] https://en.wikipedia.org/wiki/Liberal_democratic_basic_order
That's what I'm saying. It's completely illegal but nobody cares.
> EU laws are completely useless and must be implemented by every government as a local law
This isn’t true. Regulations are directly applicable and don’t require national legislation; directives generally do. Individuals affected by a failure to implement a directive can complain to the European Commission, which can bring infringement proceedings against the member state and potentially seek financial penalties.
EU law also has primacy over conflicting national law, and the CJEU’s position is that this includes constitutional provisions. Courts in Germany and Poland have challenged that position, but refusing to comply can put the countries in breach of their EU treaty obligations and lead to infringement proceedings and penalties.
The Danish government is pro spying on its people.
Currently we have numberplate recognition everywhere and logging of SMS and position info of phones.
So this is just another step into the direction where we will be watched everywhere by our government in case we step out of line.
> The Danish government is pro spying on its people.
It would be more surprising if the organisation ultimately responsible for security did not want to.
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