Data retention directive "invalid"

[Francis Davey]

2014-04-08 14:10 GMT+01:00 Peter Fairbrother <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...).

-- 
Francis Davey
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