Open source practically died with personal computers.
You could also use something like pinephone or librem. You wont have access to a lot of android tech but the most important functionality. A web browser, sending sms, email, making calls all work.
States have access to "a monopoly of legitimate violence". We grant them that in order for them to be able to keep the peace, you know, law and order.
Everything else can be boiled down to this. No matter how many bits of encryption keys are used, someone with a chloroform infused rag and a wrench can visit any of us at any moment. And it's actually part of what we, collectively, as citizens, have granted as a power to the state.
That's where engineering comes into play, maybe materials science to build suitable systems to defend against such physical attacks. And, you can't just ban engineering.
I’m only even safe from nutcases because the nation collectively has enough experience dealing with people who think they know better.
Phrased like this it sounds like you are implying that the legal system in any EU country has no power over goons with wrenches, and everybody is effectively living in a police state. Why even bothering to pass laws around encryption?
Fingers crossed, but is it enough? What can we do to prevent this sh*tload?