Following the recent news of new rights for citizens of the European Union [‘EU’] in the form of the GDPR (General Data Protection Regulation), #DavidWest28 asked the European Union’s Commission ‘Question 1’.
Question 1, ‘If EU laws are not enforceable, then of what use are EU rights?‘
The EU’s Commission claims to exist for ensuring that EU laws operate properly and perfectly throughout the EU, which means that the Commission should have an interest in ensuring that EU rights are enforceable throughout the EU. In fact, ensuring that EU laws are enforceable throughout the EU should be a priority of the Commission and something that they should randomly test, as a part of their basic functions.
If EU laws cannot be enforced, it causes the problem of encouraging EU laws to be breached, continually, and it also means that in actuality, that EU rights which EU citizens trust in to rely on, do not really exist. If EU rights do not really exist, then news about new rights for EU citizens is of no significance to the people called EU citizens.
There are problems with lawyers rejecting cases that are based on EU laws.
There are problems with lawyers giving bad advice, refusing to inform EU citizens of claims that are available to them through EU laws.
There are problems with courts rejecting applications for hearings for the sole reason of those cases being based on EU laws.
Has it been forgotten that there are government organisations responsible for providing legal aid for EU citizens, that have refused to do so, or that have made it near-impossible for legal aid to be received where the legal matters to be resolved are based in EU laws? Well, it is the case, and has been in the UK.
What is the EU Commission to do about the problems above? Nothing? If nothing then return to question 1.
Not long ago one member state of the European Union voted to leave the EU. If the EU citizens of that nation were more aware of the rights available to them through EU laws, because they could make use of those rights, is it less likely that a majority of that member state would vote in favour of leaving the EU?
So by allowing EU laws to be unenforceable, the EU may have helped to cause EU laws and EU rights to be of little value to a majority of EU citizens, so that a referendum in favour of leaving the EU would always have a good chance of being successful. The public perception painted by those in favour of leaving the EU is often that monies are paid to the EU in exchange for very little – the average voter would ask themselves what it is they are gaining from the EU.
EU laws are international in their kind, but when they are breached they are required to be enforced locally. If EU laws could be enforced internationally, this might prevent the problems listed above. This could mean that the EU requires EU lawyers – lawyers that are not tied to any nation – hopefully this would prevent the bias that helps to resist against the enforcement of EU laws. At the very least, the EU should have an observation for the enforceability of the rights that it is granting to its citizens who actually make up the majority of the EU.
As things stand presently, the EU is an institution that is promising rights to individuals that it calls its citizens, but the rights being promised are virtually non-existent because the EU has not been diligent towards ensuring the enforceability of those rights. Disappointing.