If it were national governments making laws like this (as opposed to the EU), citizens would be free to move to other European countries that respected their basic civil liberties. The first country that implemented Chat Control would suffer immediate brain drain, and it would be a lesson to governments elsewhere.

However, because the EU forces all countries to move in lock-step, it means citizens are denied the freedom to vote with their feet. They cannot move to the country next door. They'd need to flee to another continent, which is a much more significant move. The feedback loop (i.e. people voting with their feet due to govt policy) is then more coarse-grained, and less obvious for all to see.

> Or you could pass an EU Constitution that enshrines basic rights including privacy

That, and (somehow) enforce the basic principles of subsidiarity and proportionality, which they are supposed to do already. That would go a long way towards not misusing that centralized power.

I will have to read up on that 2005 event, sounds weird to me that countries would complain about there being constitutional rights at the EU level. Not sure how those rights would conflict with local ones. Unless there were positive rights, like "the right to internet" or the like, which would be ridiculous and not what I'm proposing (just basic negative rights).