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"Seriously worrying that an EU judge thinks he should start making these claims in direct contradiction to an elected body passing laws."

That is very much within the scope of what judges are for in many countries, including the various legal systems of the UK:

http://en.wikipedia.org/wiki/Judicial_review

Checks and balances....



Read the ruling, it's very fuzzy, there were choices and the end decision was to declare primacy over national laws.

My point is the ramifications of this ruling are huge even though member states are presently passing laws in direct contradiction with this ruling.

Let's be clear here, I hate the Digital Economy Act. But I want my parliament to repeal it.

As much as I hate the idea of SOPA, as much as I hate the digital economy act, as much as I love privacy and vehemently argue for it, this is a very, very worrying ruling for anyone who values democracy.

As Switch says in the Matrix, "Not like this... not like this".

Perhaps (quite obviously from the d/vs) I didn't say it right or this is not the place to say it or perhaps you think I'm misunderstanding complex laws that I am definitely not even a novice in, but this is how I feel.


I value my liberties more than I value any democractic institution.


This is something I find very interesting. A non-elected official provides something interesting, they are not fighting to be re-elected every year. If they are not worrying about re-election they are able to pass unpopular laws and they aren't worrying about raising money for election campaigns. If we give them the benefit of the doubt (wisely or not) that they want the best for the country then there are clear positives to the very fact they aren't elected. I find it funny that in the UK there is much more vocal opposition to the EU making laws than to the power The House of Lords has (this is my own personal experience with no evidence whatsoever). And even funnier that I find myself agreeing with the vast majority of the contributions these two non-elected entities provide.


This.

The fact that they are unelected and capable of overturning, reversing, or arbitrarily altering legislative decisions is exactly the point of judicial entities. Democracy is good because it's better at protecting rights than other forms of government - but if judges can do a better job, let them.

Disclaimer: American writing here. On this side of the pond, the courts are the only thing keeping us from racing into an uncontrolled police state.


So would you have been happy if this had been overturned by a local national judge rather than an EU one?




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