Data retention directive "invalid"

[Caspar Bowden (lists)]

On 08/04/14 15:22, Francis Davey wrote:
> 2014-04-08 14:10 GMT+01:00 Peter Fairbrother <zenadsl6186 at zen.co.uk 
> <mailto:zenadsl6186 at zen.co.uk>>:
>
>     eg:
>     http://www.reuters.com/article/2014/04/08/us-eu-data-ruling-idUSBREA370F02014040
>
>     http://www.theregister.co.uk/2014/04/08/european_court_of_justice_says_data_retention_directive_is_invalid/
>
>     http://www.bbc.co.uk/news/world-europe-26935096
>
>
>     Can anyone help explain what this means?
>
>
> I haven't had to deal with this sort of question before and I haven't 
> had time to research the point: what is the effect of the invalidation 
> of an EU directive on UK implementing regulations under s.2(2) of the 
> European Communities Act and in particular is that effect retrospective?
>
> My assumption was that the regulations would be automatically ultra 
> vires and therefore of no effect prospectively (with no real idea what 
> happens retrospectively) but I haven't stumbled on a clear statement 
> of principle anywhere. Various lists (of lawyers) I am on haven't come 
> up with anything better. The answer is probably clear if I had time to 
> investigate (for a fee...).

...or could just picket the Home Office, David Blunkett and Charles 
Clarke, chanting "You lost, you lost,.."

CB
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