In addition, the AG's opinion considers that the scope ratione personae of the agreement envisaged is not too broad and that the massive and indiscriminate transfer of personal data is necessary. (europeanlawblog.eu)
States regularly assert that every official acting in their official capacity is immune from prosecution by foreign authorities (for non-international crimes) under the doctrine of ratione materiae. (law.stackexchange.com)
This tension can only be resolved by means of an express exclusion of the competence of the ECtHR under Art. 33 ECHT for disputes between EU Member States or between them and the EU which concern the application of the ECHR within the scope ratione materiae of EU law (para 213). (europeanlawblog.eu)