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hdgvhicv a day ago

> Well, the EU courts will just follow suit the moment the legislation is changed.

That’s the whole point. The courts uphold the law. Change the law, and the courts change what they do.

EmbarrassedHelp a day ago | parent [-]

One of the core functions of Court of Justice of the European Union (CEJU) is to perform judicial review, which means they can strike down laws. So it would not be legal to pass legislation attempting to make legal what they struck down.

arlort 15 hours ago | parent [-]

That's only partially true

In this case my understanding is that they determined vpn-s as a tool to fall outside the scope of the law and so they struck down an attempt to enforce the law

If the law got changed so that vpn-s are now within the scope of the new law then you'd expect them to not apply the same reasoning anymore in examining a similar case

Judicial review would come into play if the challenge was about the updated law being inconsistent with some more important law such as the treaties or charter