[Chapter-delegates] Isoc , Eu Directive on data retention and Romanian Law request for comments

[Costas Popotas]

I intervene as an outsider but expert in EU law. When Romania joined EU it accepted the "acquis communautaire" the preexisting legal framework , thus the obligation to amend its legislation in domains contravening EU secondary legislation  according to the principle of supremacy of EU legislation. But as I understand it, the Romanian Court did not declare unconstitutional the EU directive (which they could have done since they have no such competence) they declared unconstitutional the national legislation implementing the directive. A directive is a broad framework stating the objectives to be attained leaving to the member state the responsibility of the means adopted. This means simply  new legislation has to be adopted in conformity with both EU directive and the national constitution. Nothing dramatic of revolutionary this has been done several times in the past elsewhere.

The end of a beautiful friendship has meaning only if a member state drops out of the EU.

best 

Costas Popotas 
Luxembourg 
  ----- Original Message ----- . 
  From: Eduard Tric 
  To: Marta Dias ; 'Chapter Delegates' 
  Sent: Tuesday, June 28, 2011 3:36 PM
  Subject: Re: [Chapter-delegates] Isoc ,Eu Directive on data retention and Romanian Law request for comments


  Hi Marta , Thanks for the info, Portugal did their homework just like any other member state. 

  What is interesting in Romania is that this law (and implicit the directive ) is unconstitutional.
  The Directive  2006/24/EC  was made before EU enlargement, Romania never voted for it , so it should be modified. 

  As a general rule , any  directive declared unconstitutional by a member state should be modified. 

  EU is a union of sovereign states and should never act as a super-state, or it will be "the end of a beautiful friendship" , to mis-quote from Casablanca..
  Regards,
  Eduard




------------------------------------------------------------------------------
  From: Marta Dias <marta at fccn.pt>
  To: 'Eduard Tric' <eduard.tric at isoc.ro>; 'Chapter Delegates' <chapter-delegates at elists.isoc.org>; 'Frederic Donck' <donck at isoc.org>; 'Christopher Wilkinson' <cw at christopherwilkinson.eu>
  Sent: Tuesday, June 28, 2011 4:15 PM
  Subject: RE: [Chapter-delegates] Isoc , Eu Directive on data retention and Romanian Law request for comments


  Hi,
  In Portugal Law 32/2008, transposes into national law Directive 2006/24/EC of Parliament and the Council of 15 March on the retention of data generated or processed in the context of provision of electronic communications services or of public communications networks. Under this law the operators are required to retain the data for a one year period (from the date of the conclusion of the communication).
  Best regards,
  Marta M. Dias
  ISOC.PT


  From: chapter-delegates-bounces at elists.isoc.org [mailto:chapter-delegates-bounces at elists.isoc.org] On Behalf Of Eduard Tric
  Sent: terça-feira, 28 de Junho de 2011 13:51
  To: Chapter Delegates; Frederic Donck; Christopher Wilkinson
  Subject: [Chapter-delegates] Isoc , Eu Directive on data retention and Romanian Law request for comments

  As you probably know , the Romanian Constitutional Court has declared in 2009  Unconstitional the Romanian  transposition of the Eu Directive on Data retention (romanian law 298/2008). As a reminder , this directive asked to retain for 6 months (expenses paid by the operators ) any telecommunication data, including and not limited also to internet data.

  Now the romanian government decided to have a more open approach , and are asking for input from civil society. We have 2-3 weeks to make an answer that is compliant to the Directive AND to the Constitutional court decision.

  We would be  happy to take on our side input from other chapters, Isoc ECC,  Isoc HQ and European Bureau.

  . As it is unlikey that in Romania other organisations will respond , we see this as an opportunity for ISOC , especially in preparation for  the Inet in Bucharest but also to mark a point and help to change this unuseful directive into a more citzien-oriented one. It's gonna be our first public policy-making position, so we want to be as accurate as possible.

  Regards,
  Eduard Tric

  References :
  http://www.mcsi.ro/Transparenta-decizionala
  http://www.mcsi.ro/Transparenta-decizionala/24/ProiectRetinereaDatelor
  http://www.mcsi.ro/Transparenta-decizionala/24/ExpunereMotive
  Eu Directive 2006/24/CE with modification on 2002/58/CE  http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32006L0024:EN:HTML 
  romanian law 298/2008  http://www.legi-internet.ro/legislatie-itc/date-cu-caracter-personal/legea-2982008-privind-pastrarea-datelor-de-trafic-informational.html 

  Eu commision letter from 16-th of June 2011 reminding the necessity of transponding the directive  2006/24/CE 








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