The decision on APD is a highly technical one. It is founded on the fact
that the Council and the Commission did not have a legal basis for
making the agreement with the USA. It is a form of judicial review of
(European) executive action.
What is really interesting about the case is the activist way the ECJ
(Luxembourg) appear to be considering matters which are the purview of
the ECtHR (Strasbourg) in reaching their decision.
Now there are are two possibilities post September.
1. That the Commission and the Council attempt to cobble together
another legal justification for their agreement, and we go round the
circle again.
2. That it is recognised that there ARE no legal powers available, and
there has to come a proposal for a Regulation (preferred to a Directive)
on passenger data handling.
Nigel
--
Nigel Roberts BSc CEng FBCS DipEngLaw
Island Networks, 4&5 St Anne's Walk, Alderney, GY9 3JZ (GG)
Tel. 01481 822800 (office) or 0870 321 2282 (direct line)
Mobile: 07010 701112 or +423 663 178 200
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