Data retention directive "invalid"

[Peter Fairbrother]

On 09/04/14 09:09, Francis Davey wrote:
> 2014-04-09 9:02 GMT+01:00 Roland Perry <lists at internetpolicyagency.com
> <mailto:lists at internetpolicyagency.com>>:
>
>
>     The blog I linked to yesterday, written by a Brussels
>     attorney/lobbyist with an impressive CV, seems to be saying there is
>     no precedent for something like this.
>
>
> There's unlikely to be any precedent for *this* because, as far as I can
> remember, only one directive has ever been held invalid (at least since
> UK membership) and that was invalidated before it was transposed, so the
> question never arose.

I go with the invalid ab initio theory, but others might disagree.

However I don't think it actually matters much whether the Regulations 
are invalid or whether they are technically still valid but you don't 
have to obey them.

I haven't (yet) come across a credible theory which demands that they 
still must be obeyed ...


-- Peter Fairbrother