[A2k] EU Court refuses FFII amicus curiae brief on ACTA
ante at ffii.org
Wed Nov 14 02:37:37 PST 2012
EU Court refuses FFII amicus curiae brief on ACTA
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
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.  The opinions voice serious concerns, the
court should address them.
 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-
ARTICLE 19, (2011), European Parliament: Reject Anti-Counterfeiting Trade
FFII, (2012), FFII amicus curiae brief on ACTA,
More information about the A2k