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Posts Tagged ‘penal’

From an US NGO source:

KEI has learned that the European Union has proposed language in the ACTA negotiations to require criminal penalties for “inciting, aiding and abetting” certain offenses

As long as criminal provisions are not in the Acquis (as IPRED2 is not adopted) the European Union has no competence to make such proposals in international fora. Period. Commissioner de Gucht additionally promised Parliament they would not go beyond the acquis but apparently still holds some misconceptions what the acquis is about. It is very simple, as long as Ipred2 is not adopted there is no criminal law for these purposes in the Acquis, thus the EU has no competence whatsoever. If the Commissioner exceeds his competences in the negotiations expect a strong political confrontation and litigation before the European Court of Justice.

Luc Devigne from the Commission reportedly said in a meeting with the EPP staff, he has been working as a trade negotiator for the Commission for 15 years and was never scrutinized by parliament before. That whispered joke indicates the difficulties of a Commission unaware of the treaties it is supposed to defend as its guardian, now exposed to a stronger Lisbon regime Parliament. The support for the mostly EPP driven written declaration by other parties is stunning. Over night the conduct of Office from DG Trade became a cross-partisan concern.

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LePoint quotes the Commission negotiator for ACTA in Mexico:

“Le principe de rendre publics les documents de travail avant la signature de l’accord a été accepté par tous, reste à savoir quand nous allons le faire”, affirme le négociateur de l’UE, pour qui “les gens seront rassurés lorsqu’ils verront les documents”.

I am wondering how he reconciles the principle of “making it public before it is signed” with the EU treaties. And even more weird, the answer to the question how it is possible to negotiate criminal penal law:

“Oui, nous négocions aussi en matière de droit pénal”, confirme la Commission. “Mais notre mandat respecte le partage des compétences (entre l’UE et les États membres, NDLR)”…

How is that possible? It cannot be found out because the mandate is not made public. Magic, it reminds me of the charlatans who say they live without food and water supply, and it is their personal secret what makes them survive.

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