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A decision by the European Court of Justice or any other court does not apply to any legislative branch like the EU commission (not parliament), when making new laws. New laws simply override old laws (to be interpreted as specializations, more or less exceptions, to the old laws)


That's not true, because there is a hierarchy of legality.

If a principle of the EU legal order is at stake, such as the right to privacy, then that constitutional imperative can very well override a new law.

The commission and parliament are well aware of this risk. They often choose to have laws advised on by the courts, in advance. To avoid a legal mess.

This is normal in a functional democracy. To avoid abuse of power / overreach by any institution.




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