• stravanasu@lemmy.ca
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    13 hours ago

    I find the person’s answer very disturbing and twisted:

    The battle that can still be won is over whether using them stays a free choice.

    Note how he/she is speaking as if EU was Russia. There’s a regime that governs on us; we can try to fight it. This is not democracy, where the goverment represents the people and the people’s will. Either – very likely – this person has simply accepted (and I don’t know how good such an attitude is) that EU is not a democracy; or they have unclear ideas about democracy.

    “Unless strictly necessary, proportionate and provided by law”: this is not our invention and not undefined. It is the limitation test of Article 52(1) of the Charter of Fundamental Rights, the standard the Court of Justice applies to every restriction of fundamental rights.

    Well they don’t write that in the initiative’s text. They just say “unless provided by law”. This means that if a law passes that mandates chat control, or age-verification for accessing all internet, then it’s OK with them – it’s provided by law now.

    I stand corrected, they specify “Articles 7 and 8 of the Charter of Fundamental Rights” in the Annex. But I still think this is poorly written: why not explicitly mentioning the main message of those Articles in the main text? That “unless provided by law” in the main text is extremely ambiguous without the Annex.