Oireachtas Joint and Select Committees
Wednesday, 8 November 2017
Joint Oireachtas Committee on Justice, Defence and Equality
General Scheme of the Communications (Retention of Data) Bill 2017: Discussion
9:00 am
Mr. Dermot Woods:
No, it is not. However, the ECJ has found that a number of features are required of any given data retention scheme in a member state. We must satisfy those in so far as they are not currently satisfied.
It is important to note that the ECJ does not pronounce on the validity of national law. It cannot. It pronounces on the validity of European law, as it did with the 2006 directive, or it sets out the requirements of European law, in this case in respect of the charter, that have to be satisfied by national systems of legislation in order to be compliant with EU law. That is what we must do now. It is a position that faces all of the EU member states. I will not say "as a matter of routine", but almost as a matter of routine, the ECJ will evolve and develop European law and member states have to respond to that. That is what we are doing in this case.
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