michael veale Profile picture
assoc prof @UCLLaws, fellow @ivir_uva. not resigned to today's digital power structures (yet). 🦣 https://t.co/pCUFKDvU4O https://t.co/cdvcO13Jmm

Jul 11, 2020, 5 tweets

national parliamentary committee can be public authority & data controller says CJEU.

clearly some v strange bg to this case though, as DE admin court referred a 2nd q doubting its own ability to refer under TFEU 267 due to general lack of independence curia.europa.eu/juris/document…

in headache inducing logic typical of art 267, CJEU says they are independent so can refer the DP question, but that the independence question is technically inadmissible because isn’t necessary to answer the issue in the main proceedings, so it says it actually never answered it

anyway besides the strange act of self-doubt which appears to be about the appointment of temporary judges & the ministry of justice’s IT support of the ct computers, the case is generally unremarkable other than to say the definition of public authority is wide & eu law applies

a cynic would think that this court has some internal grievance, saw a potential 267 referral in the DP case, tagged another q on to get the cjeu to throw out its prelim reference as inadmissible to pressure the ministry for its own ends, all at the expense of the poor SAR-maker

I don’t know if @StevePeers has a better idea of what’s going on here...

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