Hi Tisza,
just one thing - the definition of a competent authority that will issue
removal orders as adopted in LIBE (so still may change in the trilogues)
is defined as /single designated judicial authority or functionally
independent administrative authority in the Member State/. So it may but
doesn't have to be a court and as we know in countries like Hungary and
Poland (where I am from) the independence of administration is not a
given n the current political situation. Originally that wasn't even
defined as such since it was seen as an internal affair of a Member
State ("/competent authorities have the necessary capability and
sufficient resources to achieve the aims and fulfill their
obligations/") so let's see if that desired amendment stays in. My point
is that if these are not judicial bodies it will be even easier to make
them issue ridiculous removal orders as a tactics to put a service in
trouble.
We will definitely monitor this and reach out to you when we have a
better clarity which way the trilogue goes. But that will most probably
be happening in the fall.
Best,
Anna
On 08.04.19 19:10, Tisza Gergő wrote:
> On Mon, Apr 8, 2019 at 9:26 AM Anna Mazgal <[email protected]
> <mailto:[email protected]>> wrote:
>
> But looking at the imaginative policies of Orban for example I
> tend not to underestimate dictator's drive to have things their
> way, so depending on what they consider as dissent, public threat,
> etc. The trouble is, that once removal orders are issues, the
> platforms must remove content and they do not have the option to
> contest them on the grounds of being absurd.
>
>
> Yeah, one issue here is that the removal orders would be issued by the
> national courts, which can be easily subverted by a determined
> government. We have already seen Orbán abusing anti-terrorist
> legislation [1] and trying to criminalize NGOs that aid refugees [2],
> and while the EU has some ability to pressure local strongmen not to
> adopt local laws which are intended to suppress freedom of speech, it
> is much less able to prevent them from using existing EU law for that
> purpose.
>
>
> [1]
> https://www.politico.eu/article/syrian-found-guilty-of-terrorism-in-politicized-hungarian-case/
> [2]
> https://www.theguardian.com/world/2018/may/29/hungary-criminalises-migrant-helpers-stop-george-soros-legislation
>
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Anna Mazgal
EU Policy Advisor
Wikimedia
[email protected]
@a2na
mobile: +32 487 222 945
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BE-1050 Brussels
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