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by jampekka
969 days ago
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GDPR is an EU regulation which means that it is one law for the whole union. EU regulations supersedes even constitutions of member countries. An EU directive means that countries have to put a law in their own books. Don't know though how different court judgements are interpreted. I'd guess it would have to be an EU-court judgement for it to bind other courts. In most EU countries only high/supreme court rulings set a precedent anyway. |
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On paper that is the idea politicians had, but they don't always have the final say in practice. For instance Germany's Federal Constitutional Court reserved themselves the right to make decisions superseding EU regulations, however re-affirming the authority of the European Court of Justice "in the general case", since it is compatible with Basic Law for the Federal Republic of Germany. Neither court is explicitly considered to be higher and their stance is cooperative.
So far, as far as I know, no EU regulation was struck down in Germany, only parts of various laws implementing directives.
https://de.wikipedia.org/wiki/Maastricht-Urteil