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The new CJEU #dataretention judgment in #Dwyer is rich & interesting. Still reading it but just a few 1st quick observations. First, CJEU clearly rejects @EU_Commission proposal for some flexibility by introducing a “tertium genus of infringements” to deal wth serious crime 1/n
It should be reminded that @EU_Commission, in order to satisfy the operational needs 🇪🇺Law Enforcement Agencies, proposed to equate some serious crimes to the level of gravity of “a serious threat to national security” for which CJEU permits general #dataretention.
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CJEU clearly rejects such an idea of an intermediate category between national security & public security. It maintains that there is a strict hierarchy bt national security on the one hand & all other legitimate aims on the other, incl. fighting most serious forms of crime 3/n ImageImage
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