[Chapter-delegates] EU To Refer ACTA To EU's Top Court For Legal Clarification

[Jozef Halbersztadt]

Guys it is a victory.

The proceedings in the Court are open. The third parties like EDRi or
ISOC could become part of it by putting (amicus) briefs.



--
'jothal' jozef [dot] halbersztadt [at] gmail [dot] com
Internet Society Poland http://www.isoc.org.pl



2012/2/22 Eduard Tric <eduard.tric at isoc.ro>:
> Folks from Edri Association (Digital Civil Rights in Europe) has warned us since last week that the Commision will strike back and ask for a minimilasitic , even binary simple question. Is ACTA compatibile yes/no. The mantra of pro acta (at least in Romania) is invariably "Acta does not modify EU legislation" , so the plan is clear : put the wrong question to have a wrong yes. Use the yes to push Acta.
> Here is Edrigram letter from 15-th of february :http://www.edri.org/edrigram/number10.3/ec-discusses-partial-acta-retreat
> EDRi will write to the European Commission in order to warn of the dangers of being perceived to be manipulating the decision-making process by sending a weakly framed question to the Court of Justice or claiming that this will give a comprehensive answer to critics' concerns. The Commission needs to draw the consequences of the need for "thorough reflection" and use all legal and research options at its disposal to address the problem of the likely incompatibility of ACTA with primary and secondary European Union law. This needs to be done in a comprehensive manner.
> And , since we are talking about democracy, the letter sent by the Commission to ECJ should't be a public document ?
> Regards,
> Ed
>
> ----- Original Message -----
> From: "Veni Markovski" <veni at veni.com>
> To: "Christian de Larrinaga" <cdel at firsthand.net>
> Cc: "Delegates Chapter" <chapter-delegates at elists.isoc.org>
> Sent: Wednesday, February 22, 2012 4:00:42 PM
> Subject: Re: [Chapter-delegates] EU To Refer ACTA To EU's Top Court For Legal Clarification
>
> It depends what the Commission will ask; also it opens the doors to have
> an impact assessment - something the Commission hasn't done so far.
>
> On 2/22/2012 08:58, Christian de Larrinaga wrote:
>> There seems to be a tacit consensus that ACTA does not add to what is
>> already the law in UK (and some other countries too)
>> That makes a fairly interesting situation should the ECJ declare ACTA
>> not legal.
>>
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