Update: The European Ombudsman's answer and first inspection report to FFII's complaint. Inspection of documents carried out on December 8: "[...] as regards the documents classified as "RESTREINT UE", no photocopies or notes containing direct quotes from the documents could be taken".
"ACTA needs to be set as the “gold” standard" said the President of the International Trademark Association at a Swedish Presidency conference in Stockholm two weeks ago. I said in May that Sweden could win the World Cup in transparency would the Swedish Parliament's Committee on Industry and Trade vote on a resolution that "the government immediately should make public all documentation regarding ACTA which affect, or aim to alter, Swedish citizens’ everyday life and Swedish corporations’ liberty of action and freedom of trade" and "to investigate the possibility to revoke the mandate of the Commission to negotiate about ACTA in secrecy".
In Sweden, the gold standard for democracy is based on that citizens and politicians have correct and complete information. In the context of the resolution above, the Chair and a number of prominent members of the of Committee wrote in an article that ACTA negotiations contains "nothing relating to the Internet". This was obviously a false statement leading to the conclusion that the Committee on Industry and Trade did not have correct and complete information at the time of the vote on the resolution.
Today it is beyond doubt ACTA aims to regulate the Internet. Professor Michael Geist writes that the Commission's analysis of ACTA's Internet chapter indicates "the U.S. is seeking to push laws that extend beyond the WIPO Internet treaties and beyond current European Union law".
So there are laws being pushed says Professor Geist, but the Chair of the Swedish Parliament's Committee on Industry and Trade says "ACTA is not a law".
To try to understand whether or not ACTA is law I made a diff between the Free Trade Agreement between the Republic of Korea and the EU and the the E-Commerce directive 2000/31/EC. At the conference mentioned above, the Swedish Ministry of Justice representative said that the EU/Korea FTA "illustrates what a more detailed legal framework can include". According to G8 leaders ACTA is "a legal framework" too.
Chunks of exact copies of law text in a law journal does not make a law journal into "a law". A legal framework with chunks of exact copies of law text does not make a legal framework into "a law" either, but it raises the question whether such a distinction can justify censorship (see video at 0:54). I think not. The ECJ said in the Turco case that lack of information and debate give rise to doubts as regards the lawfulness and the legitimacy of the decision-making process as a whole and that the "possibility for citizens to find out the considerations underpinning legislative action is a precondition for the effective exercise of their democratic rights". And indeed, in April, the Swedish Ministry of Justice acknowledged that there is a need to inform about the content of ACTA, particularly to counter the spreading of rumours. But yet it said that "Sweden can not unilaterally make public information on the contents of the draft agreement and other negotiated documents, as it would interfere with the relationship to other ACTA countries".
So we have a conflict. On one hand Swedish citizens have a right to effectively exercise their democratic right to scrutinize all information which has formed the basis of a legislative act, on the other disclosure must not interfere with the relationship to other ACTA countries.
In FFII's complaint to the Ombudsman regarding the Council's refusal to give access to ACTA documents a solution is proposed: "It is possible to both protect international relations and transparency, by informing negotiating partners beforehand that legislative texts will be made public. [...] Then, with a new mandate that takes into account the importance of informing other parties of the democratic nature of the Community, the Community can join the negotiations again."
ACTA will certainly form "the basis of a legislative act" as the ECJ formulated it. Therefore I don't think the members of the Committee on Industry and Trade would again reject a motion on the basis that "ACTA is not a law" or that "international relations" overrides the rights of citizens. That is why I will try to update the motion and have it retabled on January 19 when the Committee convenes again. You are welcome to help me here: http://etherpad.com/public-acta.
After all, what's at stake is the meaning of the expression "gold standard".
barbourjackets
New York • Ben Gazzara, whose powerful dramatic barbour jackets performances brought an intensity to a variety of roles and made him a memorable presence in such iconic productions over the decades ashttp://www.shopbarbourjackets.com the original “Cat on a Hot Tin Roof” on Broadway and the film “The Big Lebowski,” has died at age 81.
Longtime family friend Suzanne barbour quilted jacket Mados said Gazzara died Friday in Manhattan. Mados, who owned the Wyndham Hotel, where celebrities such as Peter Falk and Martin Sheen stayed, said he died after being placed in hospice care for cancer. www.officialbarbourshop.com She and her husband helped marry Gazzara and his wife, German-born Elke Krivat, at their hotel.
Gazzara was a proponent of method acting, in which barbour coats the performer attempts to take on the thoughts and emotions of the character he’s playing, and it helped him achieve stardom early in his career with two stirring Broadway performances. http://www.barbourjacketsshop.com,he originated the role of Brick Pollitt, the disturbed alcoholic son and failed football star in “Cat on a Hot Tin Roof.” He left the show after only seven months to take on an equally challenging role, Johnny Pope, the drug addict in “A Hatful of Rain.” It earned him his first of three Tony Award nominations.
It is a very informative and
It is a very informative and useful post thanks it is good material to read this post increases my knowledge
førerstole
Raftehegn
Shame on the search engines
Shame on the search engines for not positioning this post higher! Come on over and visit my website فحص سيارات . توبيكات . توبيكات حزينه . توبيكات بنات . مركز رفع . قص الروابط
Among millions of counter
Among millions of counter strike 1.6 there are still many who does this for living. It's difficult these days but you can succeed if you try hard
hospital bed I am only
hospital bed
I am only writing to let you know of the extraordinary experience my friend's princess gained reading through your web site. She learned such a lot of things, including how it is like to possess a very effective teaching mood to get folks very easily know specific multifaceted matters. You undoubtedly exceeded my expectations. Thank you for supplying these effective, trusted, explanatory and as well as fun tips about this topic to Sandra.
Boliger i ThailandThe info is
Boliger i ThailandThe info is very open and very clear explanation of issues. It contains truly information. Your website is very useful. Thanks for sharing. Kranopgaver
Thank you so much for sharing
Thank you so much for sharing something valuable for bloggers like me. I really appreciate it and would tell my friends about this Bali villas
If most people wrote about
If most people wrote about this subject with the eloquence that you just did I'm sure people would do much more than just read they act. Great stuff here. Please keep it up.
Feriebolig i Thailand
Aros
thank you
Thanks for the awareness that you provided.
Gangaur Realtech is a
Gangaur Realtech is a professionally managed organisation specializing in real estate services where integrated services are provided by professionals to its clients seeking increased value by owning, occupying or investing in real estate.
property consultants
Residential projects in dharuhera
Residential property in gurgaon
New projects in gurgaon
Good post
Great post thanks for sharing your information.
hopi ear candles edinburgh
This was obviously a false
This was obviously a false statement leading to the conclusion that the Committee on Industry and Trade did not have correct and complete information at the time of the vote on the resolution.
conception de site web
small wind turbine
Good writing. Keep up the good work. I just added your RSS feed my Google News Reader..
I said in May that Sweden
I said in May that Sweden could win the World Cup in transparency would the Swedish Parliament's Committee on Industry and Trade vote on a resolution that "the government immediately should make public all documentation regarding ACTA which affect.
woodworking plans
awesome
Here is a updated collection on The ACTA gold standard.I was looking for this information.India tours
ACTA needs to be set as the
ACTA needs to be set as the gold standard" said the President of the International Trademark Association at a Swedish Presidency conference in Stockholm two weeks ago.
british gas replacement boiler
This is the fifth study to
This is the fifth study to examine the EU institutions'follow-up to all the critical and further remarks issued by the European Ombudsman during a particular year.
Flavored coffee
Or maybe you shouldn’t
Or maybe you shouldn’t generalize so significantly. It’s better if you think about what others may have to say instead of just going for a gut reaction to the topic.hekwerken
Riided
Meie leiad Sa tooteid tuntud brändidelt üle maailma. Kõik see on saadaval parimate hindade ja kvaliteediga just Sinu jaoks. Meeste riided
särgid meestele. Vaata meie leheküljelt.T-särgid
The difference between the
The difference between the right word and the almost right word is really a large matter — it's the difference between a lightning bug and the lightning. bruidsfotograaf
Thank you for sharing.radyo
Thank you for sharing.radyo dinle
Its deference to issues of
Its deference to issues of modesty makes it the go-to place of healing for fervent Jews and Muslims all over the citygaskets
very nice post, good pst Bags
very nice post, good pst
Bags Manufacturer
Congratulations on your
Congratulations on your accomplishment. The sense of wanting to help, but not knowing how or where, is something a lot of us are going through. meet women
Boliger i ThailandThis site
Boliger i ThailandThis site is very interesting and also great. I'm glad to find out this ste immediately. It's very informative. udlejning af kran
It’s difficult to find
It’s difficult to find knowledgeable individuals with this topic, however, you could be seen as do you know what you’re talking about! Thanks Computerhulp
I would like to use and
I would like to use and reference the two gene-five networks used in the DREAM2 challenge for a publication, do you know who is the author and how to contact so I can ask permission? Motorverzekering vergelijken
informative sites more often.
informative sites more often. I regularly spend much time on just looking for some worthy sites when I can find something to think about
Well, the post is really the
Well, the post is really the greatest topic on this related issue. I concur with your conclusions and will eagerly look forward to your incoming updates. Just saying thanks will not just be sufficient, for the extraordinary clarity in your writing. I will immediately grab your rss feed to stay abreast of any updates. free cell phone spy software
I fit in with your
I fit in with your conclusions and will eagerly look forward to your upcoming updates. Just saying beer fridge thanks will not just be sufficient, for the extraordinary lucidity in your writing.
amazing!
this is such a wonderful thing to know "Today it is beyond doubt ACTA aims to regulate the Internet. Professor Michael Geist writes that the Commission's analysis of ACTA's Internet chapter indicates "the U.S. is seeking to push laws that extend beyond the WIPO Internet treaties and beyond current European Union law"...more power background check
purses replica chanel
you love this? chanel replica , for special offer chanel replicas for less
ugg stiefel
wrfjy http://www.stars-hollow.org uggs for less ofhtw cheap uggs for sale gygzi uggs for less eejvq
Karen millen
Her chestnut hair, piled in a silken crown on her shapely head, shaded a face that made those who saw it for the first time, catch their breath in instant admiration. Her radiance was of a glorious, compelling, and wholly distinct type, as refreshing as some view of green mountains from out a gloomy canyon.
One big secret I learned is
One big secret I learned is you need to distinguish the conclusive goal of your post inspiring
acrylic paint for artists
One big secret I learned is
One big secret I learned is you need to distinguish the conclusive goal of your post inspiring
acrylic paint for artists
To get more clients on your
To get more clients on your website you might also want to use inspirational phrases such as words like crucial, easy, last chance, new, high yield, free, results oriented, rewards, novel, innovative, revolutionary, limited time, effective, breakthrough and bottom line.
website design worthing
Although using inspirational
Although using inspirational phrases you should not promise your clients anything that you can not keep. An unkept promise means lower profits, and you will never really be successful if you lie. You need to be straightforward and be honest. Honesty is the best policy, especially for website advertising.
Bathroom Wirral
This type of post is always
This type of post is always inspiring, and I prefer to read quality content, so Iam glad to see many positive points in this post, writing is simply amazing, thank you for the post .
passplay.com
I was searching for this
I was searching for this topic and just found your site when I was googling. Your blog can be much better if you put some pictures in it.
Park homes
I should say that you have
I should say that you have done a great job and your writing style is awesome. I was searching for this topic and just found your site when I was googling. Your blog can be much better if you put some pictures in it.
villasinmalta.co.uk/gozo/
Very entertaining article.
Very entertaining article. You consistently publish a intriguing blog post. Thank you over again - I will drop by again.relatiegeschenken
Karen millen
and childlike disposition, a more attractive and sprightly manner- something lighter, franker, more natural, as it were- she really must exclude me from privileges intended only for contented, happy, little children.'
'What does Bessie say I have done?' I asked.
rentvandsanlægAwesome
rentvandsanlægAwesome blog..This type of post is always inspiring, and I prefer to read quality content, so Iam glad to see many positive points in this post, writing is simply amazing, thank you for the post adgangskontrol København
peuterey
A former www.peuterey-it.net Australian soldier kidnapped in the southern Philippines is seen in a video sent to his family pleading for his life and urging Manila and Canberra to raise a $2 million ransom being demanded by Peuterey his captors.
ash
Bolig i Thailand
Mark.. I was just wondering if yogurt would be alright in my diet for fat loss? Im still certain that I stay under my 100g per day. A serving of yogurt for me only at breakfast El Installatør Århus
comes to 30.2g grams of carbs, 10g protein and something like 25g of sugar.. but apart from the yogurt I have eliminated ALL processed sugar, the only type of sugar I get is the stuff from the fruit I eat.Låsesystemer København
Many individuals wish to
Many individuals wish to involve in competition. For the reason that they wish to get the reward. Then, they wish to show off their expertise to people.
wa state divorce
Excellent
Thank you for sharing this wonderful post.radyo dinle
Jest to początek kampanii lub
Jest to początek kampanii lub planu marketingowego. Niestety, jest to, co jest również rzadko uwzględniane w małej firmie. Musisz zadać sobie pytanie, ile transakcji handlowych, co naprawdę potrzebne?
accountant sydney
I want to thank you for this
I want to thank you for this informative read, I really appreciate sharing this great post. Keep up your work.
Carbon Steels
Skriv ny kommentar