Re:Austria's data protection authority has found that Google...
by JumpCrisscross on Wednesday January 19, 2022 @08:54AM
(#29993623)
> as the above text says, national governments don't have jurisdiction when it comes to matters questioning the primacy of European law
This is the essence of a divergence of theory and practice. The text says one thing. In reality, something else plays out.
I think the text will prevail. But that delay (and uncertainty) is precisely what I’m talking about. And it happens everywhere, with active regulatory arbitrage an all-but-admitted strategy of a significant section of the SME space.
Re:Austria's data protection authority has found that Google...
by jacquesm on Wednesday January 19, 2022 @10:18AM
(#29994670)
There is in practice no uncertainty. There is a member state where politicians have decided that they would like to make some waves to divert attention from their internal troubles but the impact on the rest of the EU is extremely small.
That's a charitable phrasing. As per Protocol 2 on the functioning of the European Union, article 8 [2]:
The Court of Justice of the European Union shall have jurisdiction in actions on grounds of infringement of the principle of subsidiarity by a legislative act, brought in accordance with the rules laid down in Article 263 of the Treaty on the Functioning of the European Union by Member States
What Poland did was declare nationally (government, and then a national court) that the EC was infringing on its sovereignty (principle of subsidiarity). But as the above text says, national governments don't have jurisdiction when it comes to matters questioning the primacy of European law.
[2] https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:12...