What if the French constitutional judges had read the Davis Judgement? Would we be living in a better world? – Sophie Stalla-Bourdillon

29 07 2015

1695732_3_5e5d_les-membres-du-conseil-constitutionnel_6ab46a8063cf3f19b9b4a0a2007b97d6The French Constitutional Court (Conseil Constitutionnel) issued its decision n°2015-713 DC on the recently adopted Law on intelligence on 23 July 2015. Reading its decision after having read the Davis judgment of the English High Court, one wonders whether legal syllogism has suddenly been replaced by useless tautology. Read the rest of this entry »





The Davis judgement: does Article 8 of the European Charter go beyond Article 8 of the ECHR? – Sophie Stalla-Bourdillon

25 07 2015

bulk-retentionThe latest episode of the UK saga “and what do we do with data retention laws” has been issued by the English High Court, with its judgement in the case David Davis and Ors  v The Secretary of State for the Home Department [2015] EWHC 2092 (Admin). Read the rest of this entry »





Case Law, R (Davis) v Home Secretary, Data Retention and Investigatory Powers Act overturned – Lorna Woods

19 07 2015

gchq1In a very rare outcome, in the case of R (Davis and ors) v Secretary of State for the Home Department ([2015] EWHC 2092 (Admin) the Divisional Court declared that the Data Retention and Investigatory Powers Act 2014 (DRIPA) is inconsistent with European Union law and therefore is “disapplied”, although the Court suspended the effect of its order until after 31 March 2016. Permission to appeal was granted. Read the rest of this entry »