because it ignores the reality of european society: it's not a libertarian utopia, it's a society where the states do dictate things.

More specifically, it's blind to the fact that the parent comment is about existing regulation which is being abused.

It's like arguing with someone saying "you can't drive at 100 km/h in a residential area" with "well I am a CAN person myself, and I don' think we should say CAN'T".