Re: [Patents] Council Presidency "Adopts" Software Patent Agreement

[Magosányi Árpád <mag@bunuel.tii.matav.hu>]

Hi!

I would say that it is Court and Ombudsman time.

The EP's own procedural rules say that when a common position
is received, they should look whether it is "indeed a
Common Position". Neither if this "indeed" refers to substance
(member states support it with the needed majority), nor if
procedure (it is accepted according to the rules), it is
not a common position.
So the EP just can not consider second reading until the
matter is set straight in the Council.

It is a severe violation of rules, and a serious disregard of
democracy. It is not just have to be corrected, but the responsible
ones should be punished.

A levelezőm azt hiszi, hogy Kristoff Bonne a következőeket írta:
> Gegroet,
> 
> I just asked the same question in be-parl-l, but I'll ask it here too.
> 
> 
> Jonas Maebe schreef:
> 
> >Council Presidency "Adopts" Software Patent Agreement
> 
> >7 March 2005 -- The Council Presidency today declared the software
> >agreement of 18 May 2004 to have been adopted, in violation of the
> >procedural rules and in spite of the evident lack of a qualified
> >majority of member states and the requests of several states to reopen
> >negotiations.
> 
> (...)
> 
> What is the next step? Fight the descision in the Court of the EU (as
> you speak of "in violation to procedureal rules") or directly to the EP?
> 
> 
> 
> Cheerio! Kr. Bonne.
> 



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