←back to thread

Germany is not supporting ChatControl – blocking minority secured

(digitalcourage.social)
1120 points xyzal | 4 comments | 11 Sep 25 08:59 UTC | HN request time: 0.561s | source
Show context
jansan ◴[11 Sep 25 09:19 UTC] No.45209475[source]▶
Even if they did, I am sure this would have been toppled by our constitutional court. You have to know that our police is not allowed to scan number plates of cars entering or leaving the country due to privacy concerns. How on earth would anyone think that lifting our dearly held fundamental right of "mail privacy" is ok?
replies(3): >>45209516 #>>45209541 #>>45209632 #
1. uyzstvqs ◴[11 Sep 25 09:27 UTC] No.45209516[source]▶
Even if it's EU regulation? My experience is that you get told that EU regulation and international treaties are "above our national democratic/justice system", and that we can't do anything about it.
replies(3): >>45209557 #>>45210627 #>>45211270 #
2. klinch ◴[11 Sep 25 09:32 UTC] No.45209557[source]▶
IANAL - but when EU regulation and national law regarding civil rights conflict then the citizen has the "union set" of all guaranteed rights. Or in other words: A member state can grant additional civil rights (on top of the EU charta) but can't take them away.
3. nickslaughter02 ◴[11 Sep 25 12:11 UTC] No.45210627[source]▶
That's how it works.

> Primacy of European Union law

> European law has priority over any contravening national law, including the constitution of a member state itself

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

4. 3np ◴[11 Sep 25 13:18 UTC] No.45211270[source]▶
Germany specifically seems to have an out if it comes down to it.

https://en.m.wikipedia.org/wiki/Primacy_of_European_Union_la...