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Re:Germany's blanket data retention law is illegal, EU top c... by dagw on Tuesday September 20, 2022 @10:23AM (#32912048)
ECJ can only rule on EU laws. So as such they are not overturning any German laws, just stating the the German law is not in compliance with EU regulations. What that means in practice varies a lot from case to case, but in general the EU has the power to fine members that are in breach of EU regulations.

For practical reasons most EU countries want to be in compliance with EU law and will often follow ECJ recommendations and change their own laws if found to not be compliant. Also many EU countries have laws that essentially state that all their laws must comply with EU law.

The other option is to apply for an explicit opt out of certain a EU regulation that you feel is incompatible with your own laws.

Re:Germany's blanket data retention law is illegal, EU top c... by tarakat on Tuesday September 20, 2022 @01:30PM (#32915002)
We've seen where this leads to in the US, where the federal government financially extorts states to fall in line on issues that are supposed to be up to the states, such as what happened with speed limits:

https://en.wikipedia.org/wiki/Speed_limits_in_the_United_Sta...

Re:Germany's blanket data retention law is illegal, EU top c... by int_19h on Tuesday September 20, 2022 @04:05PM (#32917065)
The difference is that EU member states have the right to leave if they don't think the arrangement benefits them.
Re:Germany's blanket data retention law is illegal, EU top c... by tarakat on Tuesday September 20, 2022 @04:55PM (#32917681)
And we must ensure that choice remains economically viable, and not just for the largest member states. Because a union maintained by compulsion, even economic compulsion, is not a union, but an empire.
Re:Germany's blanket data retention law is illegal, EU top c... by humanistbot on Tuesday September 20, 2022 @08:13PM (#32919478)
Or a state.
Re:Germany's blanket data retention law is illegal, EU top c... by JumpCrisscross on Tuesday September 20, 2022 @11:02AM (#32912632)
> many EU countries have laws that essentially state that all their laws must comply with EU law

Isn’t granting the ECJ jurisdiction is a requirement of EU membership?

Re:Germany's blanket data retention law is illegal, EU top c... by Longhanks on Tuesday September 20, 2022 @11:17AM (#32912882)
EU treaties are not a constitution and the constitution the people gives itself stands above all.
Re:Germany's blanket data retention law is illegal, EU top c... by JumpCrisscross on Tuesday September 20, 2022 @11:19AM (#32912913)
> EU treaties are not a constitution and the constitution the people gives itself stands above all

Germany [1] and Hungary [2] played with this fire. In summary, no.

Treaties have force of law. If a country improperly ratified their EU treaties, they need to amend their constitution (if it exists) or admit they never properly joined the EU in the first place. Given the latter means economic collapse for most EU members, it’s not a hard choice.

[1] https://www.jurist.org/commentary/2020/06/nick-kenny-german-...

[2] https://www.reuters.com/world/first-eu-seen-moving-cut-money...

Re:Germany's blanket data retention law is illegal, EU top c... by Longhanks on Tuesday September 20, 2022 @11:28AM (#32913067)
Once the people choose to no longer follow the EU Supreme Court, thus, as a follow up, no longer choose to follow the EU treaties, they exit the EU just as the UK did.

No country is or can be forced to be a EU member.

Just because there are economic implications does not mean the EU treaties are above the countries‘ constitutions the people actually chose to enact.

Re:Germany's blanket data retention law is illegal, EU top c... by SiempreViernes on Tuesday September 20, 2022 @11:43AM (#32913308)
This is true of any law, there isn't actually anything except common agreement that constitutions should be treated more seriously giving them extra status, and there isn't anything but the consent of (enough) people giving laws any power: nobody is ever forced to follow any law, they are simply punished if they don't.

However, once you decide to stay within the law it is indeed possible to have EU treaties stand above the constitution. In situations where you've added bits in your constitution that the EU treaty has priority, acting like this isn't true is simply breaking the law.

Re:Germany's blanket data retention law is illegal, EU top c... by Xylakant on Tuesday September 20, 2022 @11:35AM (#32913184)
But if your constitution is incompatible with the treaties required to be member in the EU, you essentially have two options: change your constitution or not be member of the EU.
Re:Germany's blanket data retention law is illegal, EU top c... by NoboruWataya on Tuesday September 20, 2022 @12:04PM (#32913653)
It's a bit more complicated than this, because the treaties don't really have any mechanism for unilaterally expelling a member state and there is no precedent for doing so. The reality is there is no easy answer to what happens when a national constitution is incompatible with EU law.
Re:Germany's blanket data retention law is illegal, EU top c... by M2Ys4U on Tuesday September 20, 2022 @12:09PM (#32913746)
Member states can, in theory, be suspended, though we've seen when it comes to Hungary and Poland that mechanism is quite hard to use (as it requires unanimity of all of the other member states) and it's considered the "nuclear option".
Re:Germany's blanket data retention law is illegal, EU top c... by sokoloff on Tuesday September 20, 2022 @12:02PM (#32913617)
Or, leave both the constitution and treaties in place and wait to see if the EU bothers to take adverse action.
Re:Germany's blanket data retention law is illegal, EU top c... by einpoklum on Tuesday September 20, 2022 @11:33AM (#32913144)
And here I was thinking that German (and to some extent French) politico-economic interests stand above all. Silly me...
Re:Germany's blanket data retention law is illegal, EU top c... by ben_w on Tuesday September 20, 2022 @11:51AM (#32913432)
Right now the political and economic interests of Germany and France is a strong EU. Won't always be true, though I can't foresee the circumstances when it might change.

Likewise, for most of my life, my personal political and economic interests included a strong UK (still does even though I moved to Germany) and USA even though I never lived there.