MEP Cederschiold asks the Commission about compliance with EHCR

From Drcampaign

ECHR and data retention P-0652/06 9 February 2006 WRITTEN QUESTION by Charlotte Cederschiöld (PPE-DE) to the Commission

 WRITTEN QUESTION P-0652/06
 by Charlotte Cederschiöld (PPE-DE)
 to the Commission
 
 Subject:    ECHR and data retention
 
 If any Member State fails to implement the Data Retention Directive on the
 grounds that the measure is not necessary - meaning that implementation by
 that Member State would be a breach of Article 8(2) of the European
 Convention on Human Rights - will the Commission oblige any such country to
 breach the ECHR by taking infringement proceedings against it? Bearing in
 mind the discussions in Council, this is a very real possibility and the
 issue therefore needs to be addressed.
 
 If so, can the Commission explain how this will be justified, bearing in
 mind the significance of the ECHR in the European Union?
 
 If not, can the Commission explain the value of having a Directive which is
 not binding on Member States?