Comment on [deleted]
jarfil@beehaw.org 3 months agoA judge’s ruling on a previous case makes that ruling law.
Previous rulings are a precedent in Common Law systems like the US, UK, Canada, or Australia.
Only Supreme Court rulings become a precedent in Civil Law systems like the EU, Russia,most of the rest of America.
To draw an example, the EU never made a law about cookie splash screens.
A very poor example; Privacy and Electronic Communications Directive 2002/58/EC.
The EU at its top level creates “Directives”, which member states then are bound to transpose into their national Civil Law systems. Judges can interprete that law in different ways, none of which creates a precedent. Only a country’s Supreme Court decision creates a precedent for that country, but even then it can be recurred up to the EU Tribunal, which has the last saying.
TWeaK@lemm.ee 3 months ago
It looks like you haven’t really digested anything of the conversation here before you came in to reply with corrections.
Sure, but we’re talking about Brazil. You haven’t established whether Brazil is common or civil law. Also, we’re talking about a Supreme Court ruling.
Not all of the EU is civil law. Ireland and Cyprus both use common law systems.
While common law countries often have roots connected with the UK and are very similar, civil law countries are far more varied. Many civil law countries are distinctly different and arguably should be a separate class of legal structure - even ones with French roots (perhaps the most prominent civil law country).
Ultimately, though, the differences between civil and common law structures are almost entirely technical in nature. The end result is largely the same - in a common law country, case law can continue to be challenged until a Supreme Court ruling, and as such it isn’t really proper case law until such a ruling, just like in civil law countries.
guides.library.harvard.edu/law/brazil
Brazil is, in fact, a civil law country. However, they do follow case law from Supreme Court, which would make this ruling about requiring a representative valid case law. Which is what I said to OP.
This is exactly what I said.
The EU made a directive, this directive led to GDPR laws made by member states. However I was apparently mistaken, it wasn’t an EU Tribunal court case that led to cookie splash screens through case law, it was Recital 66 (lol Order 66), essentially a 2009 modification to the 2002 ePrivacy Directive, followed by roundtable discussions that heavily favoured the advertising industry over civil interest groups leading to its formal implementation into the directive in 2012.
linkedin.com/…/truth-behind-cookie-banners-alexan…
To summarise:
Like I say, it really feels like you didn’t read very far before you made your reply. Your comment reads more as a statement of tangentially related things you know with a thin veil disguising it as a correction. If you’d just made those statements without the veil, or if you’d followed through with the corrections and actually explained what was wrong, I don’t think I would have found your reply so objectionable (although I may also have woken up on the wrong side of the bed to your comment, sorry about that).
But then, I also wouldn’t have looked into the specifics of Brazilian law or the full origins of cookie splash screens, so thanks for the motivation lol.
jarfil@beehaw.org 3 months ago
You say I don’t read… then proceed to explain the same that I already said? Ok.
TWeaK@lemm.ee 3 months ago
I said you came in to correct me but didn’t actually deliver any corrections. You just talked about the things you know.
I didn’t say the same thing you said, I provided the correction that you left out.