Re: [Patents] Put Parliaments in Charge of Lawmaking

[PILCH Hartmut <phm@a2e.de>]

> >     http://a2e.de/ffii/epla/cpedu/parl/
> [...] 
> Could you elaborate on why "accumulation of further treaties on special 
> areas" would be less moloch-like than a new constitution? And also, who 
> would be promoting such treaties? National MPs? Prime ministers? MEPs?

In the above URL I explained why the EU as it stands, with its Council,
Commission and Court, is a moloch.  If a European Court ("Community
Instrument" rather than EPLA court) is added to this, it would probably be run
by alternating people from all countries, and would be heavily influenced by
the Commission, which would then be the heavyweight, with no effective
legislative counter-balance.  Thus, for the Commission, it would become very
convenient to run the patent system by means of caselaw created by this court.
And we know how far the Commission is removed from democratic control.  So far
that even commissioners like Verheugen complain about their own lack of
influence on the civil servants.  I'm afraid that might be even worse than
the EPO and EPLA.

So, rather than plug more competences into the existing EU moloch, the member
states should conclude treaties that define their own rules for centralizing
legislative power.

Such treaties should be concluded whenever a new central court is created.

The patent court is the first example where this question arises.

The previous courts (ECtHR, ECJ) are also based on two fresh treaties which
created their own system, without assigning competence to an already
existing treaty-based organization.

--
 Hartmut Pilch                            http://a2e.de/phm
 Vice president of the FFII               http://a2e.de/ffii
 Protecting the Knowledge Economy from Legal Over-Regulation