On Thu, Mar 18, 2004 at 11:58:15AM -0000, Simon Howarth (WSL) wrote:
> As I understand it, whilst a Euro ruling would supercede any UK ruling,
> until the EU make such a ruling the UK one will stand. Maybe someone with
> legal expertise greater then mine could confirm?
An EC directive (such as the Data Protection one) doesn't directly
become law in any of the member states - each one has to implement it
into their own law through the normal means (i.e. in the UK, an Act of
Parliament).
Most EU countries are very bad at actually doing this.
In the UK we are bound by the UK laws. Where these are in conflict with
EC law the UK courts are supposed to follow the UK Act; but there is a
principle of interpretation which states that where possible (even if
it's _really_ stretching things) they should try to read the Act as if
it did actually follow the EC law.
If they really can't do this (or don't, as may be the case in Durant), a
case would need to be taken against the UK in the European Courts for
failing to implement the Directive properly by the designated time.
I can't recall whether you have to go the whole way through your own
court system first - i.e. whether you'd need to get a ruling from the
House of Lords first.
Tony
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