Text 7061, 58 rader
Skriven 2010-04-16 09:16:05 av Michiel van der Vlist (2:280/5555)
     Kommentar till en text av Robert Bashe (2:2448/44)
Ärende: Question about democracy
================================
Hello Robert,

On Thursday April 15 2010 18:42, you wrote to me:

 MV>> felt the parliament - being the elected representatives of the
 MV>> people - is the highest power. Giving non elected  officials the
 MV>> power to repeal laws undermines the power of parliament and that
 MV>> is why the constitution forbids it. The Netherlands and Finland
 MV>> are the two countries in the EU that have this rule.

 RB> Only two?

AFAIK.

 RB> I know that the Constitutional Court in Germany can overturn  laws,

As I explained, the system here is different. We do not have a court with that
authority. The people's elected representatives are the highest authority
regarding the validity of laws.

Having lived with that system for well over half a century, I feel quit
comfortable with it.

 RB> and often does - the latest example being the unconstitutionality of
 RB> the law requiring providers to keep records of user activity for 6
 RB> months even without suspicion of misdeeds. That's going to provide a
 RB> nasty shock to the EU bigwigs who have a control mentality and want to
 RB> see such things throughout the EU.

We will see. The dust has not settled yet, but as i see it, in the end we will
have a system where the EU has the authority to override national law, just as
in the US where federal law overrides state law. This may not be to the liking
of some, but as I see it, this is the only way to have workable way to run
things. Imagine we would still be in de the situation that every city could
make its own laws and those laws would not be overridible by national law.

Then again the Lisboa treaty gives member states the possibility to opt out of
the EU...

 RB> Personally, I have more good experience with such courts than bad.

You have *personal* experience wit hconstitutional courts?

 RB> I guess it all depends on how they are set up and how the
 RB> constitution is interpreted in a specific country.

I expect - as European integration proceeds - that the Dutch system will have
to go. Too much out of line with the rest. I expect that at some point in the
future Dutch laws can be thrown out by some European constitutional court.

I may even live to see it.

I am not sure of I will like it. I may. Or Not.

Cheers, Michiel

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