Main Session 2 - How should we share the burden of enforcement?
Among the many issues raised in the public debate concerning the functioning of the GDPR enforcement model, the risk of an unfair burden on the authorities of a few Member States is often mentioned. Another problem, the discrepancies between national laws (e.g. administrative procedures), also seems to emerge as a main obstacle to the efficient functioning of the OSS, linked with limited possibilities for the EDPB to be involved in earlier stages of investigations on national level.
While the problems are legal, their consequences are political. And so, the panel will first look at these issues through the perspective of basic principles of EU law. Is the OSS model fair? How can fairness be achieved? Is the GDPR meeting the principle of effectiveness of EU law? Is there more room within the principle of subsidiarity of EU law? Is empowering the EDPB a way to overcome the problem of a lack of coherence of domestic laws and the Herculean task of harmonising them?
Next, however, the panellists will share their views on the politics of it: should the burden of implementing EU legislation be borne much more heavily by some Member States than by others? Does the current model give EU citizens sufficient certainty that their rights can be exercised and enforced? What political responsibility exists around this problem? And who should do more?
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