Law can prevent conflict
My visit at the end of November to Luxembourg where hearings of the Court of Justice of the European Union (CJEU) are held, was a sharp reminder to me that the UK is now outside this community of EU Member States.
But the tide of opinion in the UK is turning towards the European Union. Since July, the new Labour government has been seeking common ground with the EU. UK Ministers’ policies reflected in the new Data Protection Bill are clearly intended to ensure continuing “essentially equivalent” compatibility with the EU GDPR. Some EU national Data Protection Authorities are looking with interest at the UK’s new Bill, although amendment of the GDPR is not on the near horizon.
In our Reports and at our events, Privacy Laws & Business covers broad data law themes, details of the laws’ requirements, regulatory interpretation, and how organisations implement them. As data is increasingly valuable, it becomes more and more important for companies to work within consistent legal frameworks. The rationale is that these issues are global and individuals in developed economies everywhere face common data challenges to understanding and controlling their identities.
As the European Union represents the world’s largest economy and the world’s largest trading bloc,(1) it makes good sense for all sides to have consistent judicial rulings and respected processes.
How does the CJEU work? The INPLP conference’s private briefing for participants from many countries was held in the elegant Chamber where the CJEU sits in Luxembourg and listens to the evidence before taking decisions. We learned from Judge François Biltgen, President of the Chamber, how the EU’s highest court works.
The EU is based on the rule of law and fundamental rights. The CJEU hears around 750 cases per year of which some 200 are appeals.
The court operates in 24 languages. Decisions are written in French but are translated into other languages where necessary. To manage this complex organisation, the court employs around 2,200 people, of whom nearly 1,000 are translators.
All 27 judges of the European Union, each of whom are drawn from a Member State, speak at least two languages. Judges have no right to publish a dissenting Opinion. A judge's term of office is six years and the EU Member States may not withdraw them during this term, so they are not subject to political pressure.
It is possible to go back to review old cases only on grounds of interpretation.
The fundamental idea underlying the EU is to settle disputes in a peaceful way. Judge Biltgen referred to a dispute about an open coal mine located on the border between the Czech Republic and Poland which might have led to conflict. He concluded: "Law can prevent conflict."
The European Data Protection Board and Max Schrems’ noyb may not be popular among companies. But these organisations are using the GDPR in a principled way which other parties are entitled to challenge in a well-ordered international framework of law.
Many of us had become accustomed to peace in Europe as the norm but we can now see that this situation cannot be taken for granted. Law has a role to play in maintaining a stable society.
The EU GDPR’s influence is likely to continue to ripple around the world. In 2025, we at Privacy Laws & Business look forward to keeping you and the rest of the international data law community well-informed.
Regards,
Stewart Dresner
Chief Executive, Privacy Laws & Business
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