Boum ! The Court of Justice has declared that the Data Retention Directive, Directive 2006/24/EC, is invalid in today’s judgment in Joined Cases C-293/12 and C-594/12 Digital Rights Ireland Ltd and Kärntner Landesregierung and others.
Not only that, but the Court says some important things about judicial review, legislative discretion and compliance with the principle of protection of personal data: in matters of privacy and the protection of personal data, legislative discretion is reduced, therefore judicial review is strict.
Now and again a judgment comes out which has an importance that transcends the issue being litigated in the case. If we, the authors of this blog, were betting types, we’d bet that the judgment of the Grand Chamber of the Court of Justice of 18 March 2014 in Case C-427/12 Commission v European Parliament and Council is such a judgment.
Why do we think that ? Because it is, we think, the first judgment that adumbrates expressly a “reasonableness” test for judicial review of legislative activity. If we are wrong about that, please leave a comment setting us right (and I take responsibility for the oversight, not Maria).