Thursday

23rd Nov 2017

Legal blow to opponents of data retention bill

The European Court of Justice advocate general on Tuesday (14 October) delivered a blow to member states hoping to overturn an EU law on harmonising telephone and internet data retention rules, saying the case is an internal market matter, not a justice and home affairs issue.

The directive - which was approved by a qualified majority of EU states in February 2006 - sets a time period of six months to two years during which telecom operators are to keep phone and internet data, in the name of fighting terrorism and crime and increasing security.

Thank you for reading EUobserver!

Subscribe now for a 30 day free trial.

  1. €150 per year
  2. or €15 per month
  3. Cancel anytime

EUobserver is an independent, not-for-profit news organization that publishes daily news reports, analysis, and investigations from Brussels and the EU member states. We are an indispensable news source for anyone who wants to know what is going on in the EU.

We are mainly funded by advertising and subscription revenues. As advertising revenues are falling fast, we depend on subscription revenues to support our journalism.

For group, corporate or student subscriptions, please contact us. See also our full Terms of Use.

If you already have an account click here to login.

Irish telecoms operators and internet service providers currently face tougher rules and must keep the data for up to three years, according to the Irish Times.

Consequently, Ireland, backed in its position by Slovakia, wanted the rules to be subject to justice and home affairs provisions, rather than to internal market ones.

In the realm of justice and home affairs, a unanimity of member states is needed for directives to be approved, whereas a qualified majority of EU countries is sufficient to pass an internal market one.

But EU advocate general Yves Bot on Tuesday "invite[d] the court to dismiss the action, taking the view that the directive was correctly based on the EC Treaty," a court press release reads.

Mr Bot estimates that the bill "does not contain any provisions liable to come within the notion of 'police and judicial co-operation in criminal matters'," and is primarily an internal market issue.

"As regards Ireland's argument that the sole or main purpose of the directive is the investigation, detection and prosecution of serious crime, the advocate general … considers that the mere fact that the directive refers to such an objective is not sufficient for a finding that it is an act falling within the area covered by police and judicial co-operation in criminal matters," according to the court's press release.

The advocate general's opinion is not binding on the court, but is however adhered to by the ECJ in around 80 percent of all cases. A date for the ECJ's ruling has not been set at this stage.

Mladic found guilty for Bosnia genocide and war crimes

The former Bosnian Serb warlord was sentenced to life in prison for committing genocide and war crimes in Srebrenica and Sarajevo. Mladic is still regarded as a 'hero' among some Bosnian Serbs, in a country undergoing resurgent nationalism.

MEPs point finger at Malta

The European Parliament debated shady deals and rule of law in Malta after the murder of Daphne Caruana Galizia, while the Commission wanted to avoid a "political fight".

Austrian privacy case against Facebook hits legal snag

Austrian privacy campaigner Max Schrems may sue Facebook Ireland in an Austrian court but won't be able to pursue a class action suit in Austria, according to a non-binding opinion by a top EU court advisor.

EU Parliament 'cookie' restrictions worry online media

The European Parliament and groups representing newspapers and magazines are at odds over how new privacy rules will affect the media, especially restrictions on website cookies - but one MEP thinks it could spark new business models.

EU Commission to target fake news

Mariya Gabriel, the EU digital economy commissioner, announces expert panel and says fake news can be tackled if people are given credible and diverse information.

MEP switches vote on 'private expenses' transparency

A small group of MEPs are looking into how members of the European Parliament spend the monthly €4,300 'private expenses' funded by taxpayer money. Last month, MEPs voted on transparency amendments on the funds.

Stakeholders' Highlights

  1. Nordic Council of MinistersNordic Energy Ministers Pledge to Work More Closely at Nordic and EU Level
  2. European Friends of ArmeniaLaunch of Honorary Council on the Occasion of the Eastern Partnership Summit and CEPA
  3. International Partnership for Human RightsEU Leaders Should Press Azerbaijan President to End the Detention of Critics
  4. CECEKey Stakeholders to Jointly Tackle the Skills Issue in the Construction Sector
  5. Idealist Quarterly"Dear Politics, Time to Meet Creativity!" Afterwork Discussion & Networking
  6. Mission of China to the EUAmbassador Zhang Ming Received by Tusk; Bright Future for EU-China Relations
  7. EU2017EEEstonia, With the ECHAlliance, Introduces the Digital Health Society Declaration
  8. ILGA EuropeFreedom of Movement For All Families? Same Sex Couple Ask EU Court for Recognition
  9. European Jewish CongressEJC to French President Macron: We Oppose All Contact With Far-Right & Far-Left
  10. EPSUWith EU Pillar of Social Rights in Place, Time Is Ticking for Commission to Deliver
  11. ILGA EuropeBan on LGBTI Events in Ankara Must Be Overturned
  12. Bio-Based IndustriesBio-Based Industries: European Growth is in Our Nature!

Latest News

  1. Berlin risks being 'culprit' for stalling EU, warns Green MEP
  2. Eastern partners, eastern problems
  3. Germany's Schulz under pressure to enter coalition talks
  4. LuxLeaks trial re-opens debate on whistleblowers' protection
  5. Wilders says Russia is 'no enemy' ahead of Moscow visit
  6. EU must put Sudan under microscope at Africa summit
  7. Mali blames West for chaos in Libya
  8. Orban stokes up his voters with anti-Soros 'consultation'