Is it clearly against the constitution?
What happens when the constitution clashes with EU law?
Can the constitution be amended and is it likely if there is a clash with EU law on this issue?
Enormous pressure can be brought to bear in politicians over something like this. The most prominent British politician to oppose the Online Safety Act in the UK is being labelled as "helping people like Jimmy Saville" by the government (Saville was a TV presenter and notorious child abuser) .
> What happens when the constitution clashes with EU law?
Usually a standoff based on whether the EU was delegated authority on the topic. If the delegation happened then EU law has precedence but depending on the topic national constitutional courts might ignore that which becomes a constitutional crisis
In this specific case it's much more likely that the ECJ shoots down the chat control part of the law before it gets to that anyway
It is against it and the law was revoked twice already by liberal politician SLS: 2nd March 2010 - 1 BvR 256/08 I don't like this rhetorical style were easy to prove facts are denounced with questions to evoke uncertainty.
If you now say this is not applicable as this is about storing connection data you don't understand the issue in full: This is a deeper incision than just storing connection logs. This violates a more fundamental right. We are talking about chats here. Not what IPs you connected to at what time (and that law was canned as violating the entire constitution, which i cited with the state's decision above). There is no middleground here.
No, I am not arguing anything, I was just asking.
Right sorry the topic is very exhausting and I extrapolated my frustration, assuming you are interested, it came back in 2015 and was canned again in 2019: https://de.wikipedia.org/wiki/Vorratsdatenspeicherung_in_Deu...
I am tired of Germany needing constant chemos because unconstitutional laws grow back. They pass faster into action, than you can excise them in Karlsruhe. The mechanism for Germany to self-heal is very very slow. This is an imbalance that makes it hard to fight such laws. They change a miniscule detail and it can pass a 3rd and 4th time.
As I understand it, the pressure for a surveillance state comes from the EU, right? While Germany and countries in their cultural sphere like Austria are fundamentally opposed to that. If that's the case, it won't ever change unless the EU changes
I'm afraid Germany ('s government) is not opposed at the moment and there is enough internal pressure as well. We had our fair share of moments getting surveilance like that and fighting it. I bet my ass off, that Ursula von der Leyen, the c... who tried to make it German law had her hands in that as well.
Ursula has been in favor since the beginning.
> Among the few traces of Thorn’s activities in the EU’s lobby transparency register is a contribution of 219,000 euros in 2021 to the WeProtect Global Alliance, the organisation that had a video conference with Kutcher and Von der Leyen in late 2020.
Thorn is the main lobbying group behind these proposals.
https://balkaninsight.com/2023/09/25/who-benefits-inside-the...
If any other country should know better, you'd think it would be Germany. Ursula in particular married into a family which was both persecuted as Anabaptists and participated in persecution by being Holocaust enforcers, so how on Earth is she not aware of the slippery slope here?
Like most people on this planet in positions of power - corruption and cognitive dissonance
the UK essentially does not have a constitution nor any significant judicial authority over lawmaking
I was replying to a comment about the German constitution