[A2k] Legal Affairs rapporteur overlooks ACTA is inherently dangerous

ante ante at ffii.org
Fri Apr 13 02:11:54 PDT 2012


Legal Affairs rapporteur overlooks ACTA is inherently dangerous
http://acta.ffii.org/?p=1253
with links

April 13, 2012
By Ante

The European Digital Rights initiative published Marielle Gallo MEP’s
(EPP, France) draft European Parliament Legal Affairs committee opinion
on ACTA yesterday. She proposes the committee to support ACTA.

As the rapporteur rightly points out, with ACTA, the proportionality has
to come from horizontal safeguards, the implementation and the European
Court of Justice.

But, as many noted, ACTA’s civil, border and criminal measures
themselves are often disproportional and go beyond current EU law. See
the FFII note on the Legal Service’s Opinion on ACTA.

ACTA requires rewriting during implementation. Without a perfect
implementation – which IP maximalists in Commission, Council and
Parliament will try to prevent, we will face many years of legal
uncertainty, until the European Court of Justice has finally sorted
things out – if that ever happens.

In countries with less strong legal traditions and fundamental rights
protection, the situation will be worse. With ACTA, we do not export the
rule of law, but the opposite. ACTA is not inherently safe, but
inherently dangerous.

The Legal Affairs Committee should invite the Committee on International
Trade, as the committee responsible, to propose that Parliament
withholds its consent to ACTA.

See also: EDRi: ACTA revival – MEP Gallo proposes meaningless compromise







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