The extra advanced the society, the more numerous the legal problems where individuals want skilled assistance. ‘the communication of private knowledge to a third get together, akin to a public authority, constitutes an interference with the elemental proper enshrined in Article 7 of the Charter, whatever the subsequent use of the data communicated. The same is true of the retention of personal data and access to that knowledge with a view to its use by public authorities. On this connection, it does not matter whether the knowledge in query relating to non-public life is sensitive or whether the persons involved have been inconvenienced in any method on account of that interference’ para 124.
The Court’s rulings on the choice-making points are also convincing, and are an implicit rebuke to these non-legal professionals who argue that the European Council is the fount of all EU energy. Then again, given Member States’ unwillingness to apply these selections in observe, this saga confirms the argument that it is politically unrealistic for the EU to undertake very controversial ‘high politics’ policies – regardless of how legally secure they are – without all collaborating Member States’ consent.
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There’s more likely to be a need to bridge the hole between Brexit Day and any future agreement between the UK and the EU. This will in all probability take the type of some transitional extension of present EU legislation, as part of the Brexit withdrawal treaty. But the place paper would not point out this challenge in any respect – maybe because the UK authorities has not totally agreed on the small print, and perhaps because the EU facet insists that the ECJ would nonetheless have jurisdiction during that interval.
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