Data retention directive "invalid"
Caspar Bowden (lists)
lists at casparbowden.net
Tue Apr 8 15:12:25 BST 2014
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>>:
> 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,.."
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