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	<title>Comments on: Finnishing What the Finns Started: EU to Adopt a &#8220;Right&#8221; to Broadband</title>
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	<link>http://techliberation.com/2009/11/05/finnishing-what-the-finns-started-eu-adopts-a-right-to-broadband/</link>
	<description>Keeping politicians&#039; hands off the Net &#38; everything else related to technology</description>
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		<title>By: Peter</title>
		<link>http://techliberation.com/2009/11/05/finnishing-what-the-finns-started-eu-adopts-a-right-to-broadband/comment-page-1/#comment-65941</link>
		<dc:creator>Peter</dc:creator>
		<pubDate>Thu, 12 Nov 2009 21:34:09 +0000</pubDate>
		<guid isPermaLink="false">http://techliberation.com/?p=23218#comment-65941</guid>
		<description>Dear Berin, I think you accelerate a bit too much toward Finnish ideas. The EU legal framework is such that a demand for a Finnish give away would end up in a section on universal service provisioning. &lt;br&gt;&lt;br&gt;Contrary to the USA several European Countries do not have a Supreme Court that can strike down laws made by parliament. It is not a prerogative of the courts to judge what parliaments write.&lt;br&gt;That is very eighteenth century Montesquian thinking. In England there even isn&#039;t a Constitution.&lt;br&gt;&lt;br&gt;However a citizen can call on an EU Directive in court to strike down a law if it is in conflict. So what this does, if adopted, is it gives citizens a means to ask for a judicial review of a law.&lt;br&gt;&lt;br&gt;Wouldn&#039;t it be included, than this kind of review wouldn&#039;t be possible in several EU member states. In that cases the absence of &quot;due process&quot; would only be judged ex-post, after someone has been shut out from the Internet, and that process then would also include all kinds of case-dependent circumstances, fuzzying the principle review.&lt;br&gt;&lt;br&gt;As the formal discussion in parliament around the Amendment is a part of the history that has to be taken into account with reviews, it is in this case obvious that it regards turning them off.&lt;br&gt;If parliamentary debate would have turned around making Internet Access a universal service, to be provided for by governments, then your latter interpretation would be justified.&lt;br&gt;&lt;br&gt;EU Directives have to be translated in national legislation. If a national legislature interprets it as a prescription to write an act that creates a &quot;positive right&quot; it is their own decision.</description>
		<content:encoded><![CDATA[<p>Dear Berin, I think you accelerate a bit too much toward Finnish ideas. The EU legal framework is such that a demand for a Finnish give away would end up in a section on universal service provisioning. </p>
<p>Contrary to the USA several European Countries do not have a Supreme Court that can strike down laws made by parliament. It is not a prerogative of the courts to judge what parliaments write.<br />That is very eighteenth century Montesquian thinking. In England there even isn&#39;t a Constitution.</p>
<p>However a citizen can call on an EU Directive in court to strike down a law if it is in conflict. So what this does, if adopted, is it gives citizens a means to ask for a judicial review of a law.</p>
<p>Wouldn&#39;t it be included, than this kind of review wouldn&#39;t be possible in several EU member states. In that cases the absence of &#8220;due process&#8221; would only be judged ex-post, after someone has been shut out from the Internet, and that process then would also include all kinds of case-dependent circumstances, fuzzying the principle review.</p>
<p>As the formal discussion in parliament around the Amendment is a part of the history that has to be taken into account with reviews, it is in this case obvious that it regards turning them off.<br />If parliamentary debate would have turned around making Internet Access a universal service, to be provided for by governments, then your latter interpretation would be justified.</p>
<p>EU Directives have to be translated in national legislation. If a national legislature interprets it as a prescription to write an act that creates a &#8220;positive right&#8221; it is their own decision.</p>
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		<title>By: Peter</title>
		<link>http://techliberation.com/2009/11/05/finnishing-what-the-finns-started-eu-adopts-a-right-to-broadband/comment-page-1/#comment-63453</link>
		<dc:creator>Peter</dc:creator>
		<pubDate>Thu, 12 Nov 2009 17:34:09 +0000</pubDate>
		<guid isPermaLink="false">http://techliberation.com/?p=23218#comment-63453</guid>
		<description>Dear Berin, I think you accelerate a bit too much toward Finnish ideas. The EU legal framework is such that a demand for a Finnish give away would end up in a section on universal service provisioning. &lt;br&gt;&lt;br&gt;Contrary to the USA several European Countries do not have a Supreme Court that can strike down laws made by parliament. It is not a prerogative of the courts to judge what parliaments write.&lt;br&gt;That is very eighteenth century Montesquian thinking. In England there even isn&#039;t a Constitution.&lt;br&gt;&lt;br&gt;However a citizen can call on an EU Directive in court to strike down a law if it is in conflict. So what this does, if adopted, is it gives citizens a means to ask for a judicial review of a law.&lt;br&gt;&lt;br&gt;Wouldn&#039;t it be included, than this kind of review wouldn&#039;t be possible in several EU member states. In that cases the absence of &quot;due process&quot; would only be judged ex-post, after someone has been shut out from the Internet, and that process then would also include all kinds of case-dependent circumstances, fuzzying the principle review.&lt;br&gt;&lt;br&gt;As the formal discussion in parliament around the Amendment is a part of the history that has to be taken into account with reviews, it is in this case obvious that it regards turning them off.&lt;br&gt;If parliamentary debate would have turned around making Internet Access a universal service, to be provided for by governments, then your latter interpretation would be justified.&lt;br&gt;&lt;br&gt;EU Directives have to be translated in national legislation. If a national legislature interprets it as a prescription to write an act that creates a &quot;positive right&quot; it is their own decision.</description>
		<content:encoded><![CDATA[<p>Dear Berin, I think you accelerate a bit too much toward Finnish ideas. The EU legal framework is such that a demand for a Finnish give away would end up in a section on universal service provisioning. </p>
<p>Contrary to the USA several European Countries do not have a Supreme Court that can strike down laws made by parliament. It is not a prerogative of the courts to judge what parliaments write.<br />That is very eighteenth century Montesquian thinking. In England there even isn&#39;t a Constitution.</p>
<p>However a citizen can call on an EU Directive in court to strike down a law if it is in conflict. So what this does, if adopted, is it gives citizens a means to ask for a judicial review of a law.</p>
<p>Wouldn&#39;t it be included, than this kind of review wouldn&#39;t be possible in several EU member states. In that cases the absence of &#8220;due process&#8221; would only be judged ex-post, after someone has been shut out from the Internet, and that process then would also include all kinds of case-dependent circumstances, fuzzying the principle review.</p>
<p>As the formal discussion in parliament around the Amendment is a part of the history that has to be taken into account with reviews, it is in this case obvious that it regards turning them off.<br />If parliamentary debate would have turned around making Internet Access a universal service, to be provided for by governments, then your latter interpretation would be justified.</p>
<p>EU Directives have to be translated in national legislation. If a national legislature interprets it as a prescription to write an act that creates a &#8220;positive right&#8221; it is their own decision.</p>
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		<title>By: sailmold</title>
		<link>http://techliberation.com/2009/11/05/finnishing-what-the-finns-started-eu-adopts-a-right-to-broadband/comment-page-1/#comment-63385</link>
		<dc:creator>sailmold</dc:creator>
		<pubDate>Fri, 06 Nov 2009 08:49:34 +0000</pubDate>
		<guid isPermaLink="false">http://techliberation.com/?p=23218#comment-63385</guid>
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		<content:encoded><![CDATA[<p><a href="http://www.uggsalezone.com" rel="nofollow">ugg boots</a></p>
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