Text 7074, 55 rader
Skriven 2010-04-16 13:16:40 av Robert Bashe (2:2448/44)
   Kommentar till text 7061 av Michiel van der Vlist (2:280/5555)
Ärende: Question about democracy
================================
Michiel van der Vlist wrote to Robert Bashe on Friday April 16 2010 at 09:16:

RB>> I know that the Constitutional Court in Germany can overturn laws,

MV> As I explained, the system here is different. We do not have a court
MV> with that authority. The people's elected representatives are the
MV> highest authority regarding the validity of laws.

Dangerous in my opinion, but if you're satisfied, it's your country.

RB>> ...the latest example being the unconstitutionality of the law
RB>> requiring providers to keep records of user activity for 6 months
RB>> even without suspicion of misdeeds.

MV> We will see. The dust has not settled yet, but as i see it, in the end
MV> we will have a system where the EU has the authority to override
MV> national law...

Under present circumstances, I can't imagine that. All EU member countries have
a constitution, and for the EU to override national law, all those
constitutions would have to be invalidated and replaced by an EU Constitution.
What _that_ means was shown by Valery Giscard d'Estang: thousands of pages of
detailed crap that nobody reads and nobody follows (and nobody agrees with).
More work for the bureaucrats, who have enough crap to generate (for luxurious
salaries) already.

MV> Then again the Lisboa treaty gives member states the possibility to
MV> opt out of the EU...

Which may actually become an option if the EU ever tries to override national
constitutions. I know a lot of people, including me, who would shake off their
lethargy and go onto the streets to protest against such a thing.

RB>> Personally, I have more good experience with such courts than bad.

MV> You have *personal* experience wit hconstitutional courts?

No, only with their decisions. I don't always agree, but often enough do.
Admittedly, I also sometimes agree with the EU court in Strasbourg. The Germans
can be pretty dogmatic.

MV> I expect - as European integration proceeds - that the Dutch system
MV> will have to go. Too much out of line with the rest. I expect that at
MV> some point in the future Dutch laws can be thrown out by some European
MV> constitutional court.

I don't think that will happen, not even after we are dead. Such integration
was hard enough in the States - and even now is incomplete - even with
identical mentalities and the same language. Think of how difficult it would be
in Europe, with totally different histories, mentalities and languages.

Cheers, Bob

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