[A2k] EU Court refuses FFII amicus curiae brief on ACTA

Ante ante at ffii.org
Wed Nov 14 02:37:37 PST 2012


EU Court refuses FFII amicus curiae brief on ACTA
http://acta.ffii.org/?p=1675
with links

November 14, 2012
By Ante Wessels

On 13 November 2012 the FFII sent an amicus curiae (friend of the court) brief 
about the Anti-Counterfeiting Trade Agreement (ACTA) to the Court of Justice 
of the European Union. A few hours later the registry of the court informed 
the FFII that only the Member States, the European Parliament, the Council and 
the European Commission may participate in the Opinion procedure and submit 
written statements. The Court does not accept amicus curiae briefs from third 
parties.

This is awkward. The court is going to decide on citizens’ rights, but does 
not want to hear from citizens.

This is so… 799? (According to wikipedia, starting in the 9th century, amicus 
curiae briefs were incorporated to English law.)

The court is a strong defender of openness, like in the Turco case. It is 
November 2012 by now, almost three years after the entry into force of the 
Lisbon Treaty. Opinions on agreements are not only about Community / Union 
competence any more, but can also regard, as in the ACTA case, human rights. 
Why didn’t the court update its own procedures?

After the massive protests in the streets of Europe, an "about the people, 
without the people" approach will damage the credibility of the court’s 
opinion. And it does not seem compatible with the Guiding principles on human 
rights impact assessments of trade and investment agreements.

In my opinion, the court should take notice of at least three opinions: Korff 
and Brown, ARTICLE 19 and FFII. [1] The opinions voice serious concerns, the 
court should address them.

[1] Korff, D. and Brown, I., (2011), Opinion on the compatibility of the Anti-
Counterfeiting Trade Agreement (ACTA) with the European Convention on Human 
Rights & the EU Charter of Fundamental Rights, http://rfc.act-on-
acta.eu/fundamental-rights mirror: http://people.ffii.org/~ante/acta/Korff-
Brown.pdf

ARTICLE 19, (2011), European Parliament: Reject Anti-Counterfeiting Trade 
Agreement (ACTA), 
http://www.article19.org/resources.php/resource/2901/en/european-parliament:-
reject-anti-counterfeiting-trade-agreement-%28acta%29

FFII, (2012), FFII amicus curiae brief on ACTA, 
http://people.ffii.org/~ante/acta/FFII-ACTA-amicus-brief-2012.html





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