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EU court attempting ‘massive power grab’ and threatening UK ‘national sovereignty’

THE European Court of Justice is attempting a massive “power grab” and threatening the UK’s national sovereignty, a QC has warned.

British lawyer Marina Wheeler QC, who is married to Brexit-champion Boris Johnson, has claimed Brussels courts are threatening UK sovereignty by unlawfully overruling Britain’s policy.Ms Wheeler, herself a hardline Brexiteer, believe the is putting UK’s national security at risk.

In 2017 there has already been the Manchester bombing, two major atrocities in London and a mass-killing in Barcelona.

To fight the threat of terrorism, the UK uses a technique of collecting bulk communications data, such as looking at internet history.

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Marina Wheeler said the ruling would “effectively cripple” the agencies’ bulk data capabilities


British lawyer Marina Wheeler QC in The Spectator wrote: “The ECJ imposed requirements about accessing data, in order to safeguard privacy rights under the EU Charter of Fundamental Rights.

“According to the Government, if applied, these would ‘effectively cripple’ the agencies’ bulk data capabilities.”

A specialist court set up by British Parliament to scrutinise the activities of intelligence services called the Investigatory Powers Tribunal (IPT) gave an even more bleak outlook.

It said: “If the Watson requirements do apply to measures taken to safeguard national security, in particular, the BCD regime, they would frustrate them and put the national security of the United Kingdom, and, it may be, other Member States, at risk.”

Ms Wheeler added: “Issues of national security are supposed to lie outside the remit of the European Court of Justice.

“Article 4 of the Treaty on European Union states that ‘national security remains the sole responsibility of each member state’.

“The ECJ has ignored Article 4 as well as provisions in directives to similar effect. It has also failed to refer to its own previous judgments which recognised public security as being outside its remit.”

There are two parallel European human rights charters The European Convention on Human Rights, 1950 is enforced in Strasbourg by the European Court of Human Rights and the Human Rights Act, 1998 by the UK’s courts on a domestic level.

But the Charter of Fundamental Rights is enforced by the ECJ in Luxembourg.If the UK wishes to dispute the ruling it must appeal to the ECJ, but the court has “supremacy” and so it can overrule Britain’s courts – despite the Goverment claiming it had an “opt-out”.

Ms Wheeler continued: “There is no reason to think the ECJ will choose to limit its reach. On the contrary, it has shown itself to be increasingly willing to thwart the will of member states.

“It blocked that the EU become a signatory to the ECHR. Why? Because deferring to judgments from Strasbourg would impede its own ambitions to become the EU’s premier human rights court.

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The ECJ is acting beyond its remit and going against Article 4


“In other words, governments of countries that are signatories to the ECHR are bound by decisions of the European Court of Human Rights. But the EU decided that it stands above any such external check on its powers.”It comes as Jean-Claude Juncker’s State of the Union address in which he set out the EU’s ambitions of expanding the bloc by increasing members, having a single president, a European army and tackle terrorism.

The former Independent Reviewer of Terrorism Legislation David Anderson QC said that BCD saves lives and has caught terrorists swiftly.

But many campaign groups are opposed to mass surveillance.

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The ruling comes as Juncker outlined plans for EU expansion


The former Independent Reviewer of Terrorism Legislation David Anderson QC said that BCD saves lives and has caught terrorists swiftly.But campaign group Indiegogo said: “The public have also been repeatedly told that if you have nothing to hide, you have nothing to fear.

“We need to challenge this sweeping statement and show people just what is at stake. We may not have things to hide but we all have things we want to keep private, safe and secure.”

But computer scientist Ray Corrigan commented: “Even if your magic terrorist-catching machine has a false positive rate of 1 in 1,000—and no security technology comes anywhere near this—every time you asked it for suspects in the UK it would flag 60,000 innocent people.”

http://www.express.co.uk/news/politics/857742/eu-european-union-brexit-terrorism-Juncke-european-court-human-rights-national-sovereignty

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