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Polish leaders hint Poland will not fully apply EU copyright law

washingtonpost.com

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Re: Polish leaders hint Poland will not fully apply EU copyright law

#3

Post by concerned_user »

tobyhinloopen wrote: post #2

Can EU members just "not apply" EU laws?

Yes, from europa.eu site:

> A "directive" is a legislative act that sets out a goal that all EU countries must achieve. However, it is up to the individual countries to devise their own laws on how to reach these goals.

But as far as I know there is no time limit on this, although there will be political pressure from other member states but they have their own issues, and it can turn out into you blame me I blame you kind of match. So I guess real answer is - it depends.

Re: Polish leaders hint Poland will not fully apply EU copyright law

#4

Post by seba_dos1 »

Nice try.

Just a few hours ago there was a news that they will "extend their list of (five) promises" in a way that will "give them access to an unexpected electorate", and now it's there. Thanks, but no thanks. It's easy to see where your opponent fails (some PO deputies voted for the directive) and just say "we'll do the opposite". I'm afraid it has no substance whatsoever, other than trying to capitalize on anti-EU emotions and to get young people to vote for them, as there's the least support for PiS in that demographic group.

Re: Polish leaders hint Poland will not fully apply EU copyright law

#6

Post by germanier »

concerned_user wrote: post #3
tobyhinloopen wrote: post #2

Can EU members just "not apply" EU laws?

Yes, from europa.eu site: > A "directive" is a legislative act that sets out a goal that all EU countries must achieve. However, it is up to the individual countries to devise their own laws on how to reach these goals. But as far as I know there is no time limit on this, although there will be political pressure from other member states but they have their own issues, and it can turn out into you blame me I blame yo…

This is only half the truth. Article 29 states (as usual) that member states have two years to transpose the directive into national law. If that doesn't happen (or the transposition does not fully cover the requirements) the Commission will start the infringement procedure.

Re: Polish leaders hint Poland will not fully apply EU copyright law

#7

Post by seba_dos1 »

seba_dos1 wrote: post #4

Nice try. Just a few hours ago there was a news that they will "extend their list of (five) promises" in a way that will "give them access to an unexpected electorate", and now it's there. Thanks, but no thanks. It's easy to see where your opponent fails (some PO deputies voted for the directive) and just say "we'll do the opposite". I'm afraid it has no substance whatsoever, other than trying to capitalize on anti-E…

Also, worth noting, given that the main argument is "defending freedom": https://www.venice.coe.int/webforms/documents/?pdf=CDL-AD(20...

Re: Polish leaders hint Poland will not fully apply EU copyright law

#8

Post by concerned_user »

germanier wrote: post #6
concerned_user wrote: post #3

Earlier quoted context omitted.

Yes, from europa.eu site: > A "directive" is a legislative act that sets out a goal that all EU countries must achieve. However, it is up to the individual countries to devise their own laws on how to reach these goals. But as far as I know there is no time limit on this, although there will be political pressure from other member states but they have their own issues, and it can turn out into you blame me I blame yo…

This is only half the truth. Article 29 states (as usual) that member states have two years to transpose the directive into national law. If that doesn't happen (or the transposition does not fully cover the requirements) the Commission will start the infringement procedure.

That is of course true but you have to understand that if member state really doesn't want it to work it can do so. Law will be written, agency/department will be created which will be understaffed/inefficient and enforcing a case will take 10 years.

Considering that votes on the issue were very controversial (no clear majority) I am suspecting it will be Brexit #2 in terms of execution, everyone will fiddle about for 2 years then pass some laws as incomprehensible and non-enforceable as the directive itself and that will be the end of it.

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