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Germany is not supporting ChatControl – blocking minority secured

(digitalcourage.social)
1121 points xyzal | 1 comments | 11 Sep 25 08:59 UTC | HN request time: 0.206s | source
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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?
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freehorse ◴[11 Sep 25 09:46 UTC] No.45209632[source]▶
If this was becoming an EU regulation, constitutional courts can decide to overrun constitution to uphold it (as has happened in the past plenty).

What this implies for the democratic values eu is supposed to represent is an interesting discussion.

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izacus ◴[11 Sep 25 09:49 UTC] No.45209651[source]▶
The claim that this can "overrun constitution" has not been true at all which we've seen in examples of other directives.
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1. freehorse ◴[11 Sep 25 10:34 UTC] No.45209932[source]▶
These are not simple questions, especially for people who have not studied law, but constitutional courts have decided in the past to either disregard or not such conflicts. Even if they don't, this may just result to the constitution been amended after some years by the parliament in order to comply to eu law. There is precedence of eu primacy and I do not see anything that can guarantee that a constitutional court will actually rule this way or the other here.