Yes, it's subject to court review... Five years down the line. Meanwhile they will force member states to act according to it. If they refuse they will sue them!
>According to the Data Retention Directive, EU member states had to store information on all citizens' telecommunications data (phone and internet connections) for a minimum of six months and at most twenty-four months, to be delivered on demand to police authorities.
First passed: March 15, 2006
Came into force: May 3rd, 2006
The law was introduced in Romania, but a year later the constitutional court struck it down. In 2011 the European Commission sued Romania for not implementing the law and fined them for it. This forced Romania to sign a new law in 2012, which was also declared unconstitutional in 2014.
>On 8 April 2014, the Court of Justice of the European Union declared the Directive invalid
And the kicker is that the UK has tried to implement a similar law domestically two more times.
They’re not. They’re discussing it. Even if they pass it, it’s subject to court review.