Re: [Patents] Decision making procedure for the swpat directive

[Xavi Drudis Ferran <xdrudis@tinet.org>]

Sorry, I didn't mean ti send this message.
I started writing it as a joke, saw it was taking to long to complete and 
aborted it. 
Then I wrote a more serious version, and I thought I sent it. 

But when I checked the mail I only got the unfinished joke, and not the more 
serious one. 

It is too late, and I'm sleepy, I don't know what I did. 

El Wed, Mar 06, 2002 at 12:56:22AM +0100, xdrudis deia:
> > At least until recently there was an unanimity principle in the Council
> > and it was then waived for certain matters of economic policy.  This one
> > is clearly more than a matter of economic policy.
> >
> When was this, at Niça?
>  
> > Unfortunately I missed some classes on this also, although I've been
> > reading a book about european community law.  So much of this stuff is
> > outdated even at the time of buying the book.
> >
> Well, I don't know, but the last version of the treaty as in the 
> eurLex web site is dated 1999. I don't know if that is current.
> 
> 
> Council (qualified majority)
> http://europa.eu.int/eur-lex/en/treaties/livre248.html#anArt4
> 
> Codecision process (Comission + European Parliament + Council)
> http://europa.eu.int/eur-lex/en/treaties/livre252.html#anArt3
> 
> 
> I'll port it a little 
> 
> Directive codecision_procedure(EuropeanParliament ep, Comission cec, 
> Council council)
> { 
>     //  proposal=cec.writeProposal();
>     Directive proposal=cec.call(bsa);
[...]
>            
>     } 
> } 
> 
WHat I wanted to say is:
Council votes often by majority or qualified majority. Qualified majority is 
62 of 87 votes. When it isn't for a Comission proposal it must be 62 votes 
from 10 countries 

Each country has a different number of votes (from 6 to 10). (art 205)
 http://europa.eu.int/eur-lex/en/treaties/livre248.html#anArt4
Belgium
5
Denmark
3
Germany
10
Greece
5
Spain
8
France
10
Ireland
3
Italy
10
Luxembourg
2
Netherlands
5
Austria
4
Portugal
5
Finland
3
Sweden
4
United Kingdom
10.


But, art 251.3 "however, the Council shall act unanimously on the amendments 
on which the Commission has delivered a negative opinion. "
http://europa.eu.int/eur-lex/en/treaties/livre252.html#anArt3

And 

Article 198 (ex Article 141)  
http://europa.eu.int/eur-lex/en/treaties/livre247.html#anArt10
Save as otherwise provided in this Treaty, the European Parliament shall act 
by an absolute majority of the votes cast.

The Rules of Procedure shall determine the quorum.

There is a monitoring sytem for the proposal. It says it follows codecision 
procedure (and I think the propoasal itself 
cited art.251), but it dies nit give any future date of discussions:
http://europa.eu.int/prelex/detail_dossier_real.cfm?CL=en&DosId=172020

I hope I'm not forgetting something...

-- 
Xavi Drudis Ferran
xdrudis@tinet.org