[Fsfe-ie] IPRED2 saga

teresahackett at eircom.net teresahackett at eircom.net
Wed Oct 19 23:50:31 CEST 2005

It just means that they've postponed discussion on IPRED2.

The reason is because there are two parts to IPRED2: a Council framework 
decision and a proposal for a Directive. A "framework decision" and a 
"directive" represent two separate legislative and political processes. 
We usually just come across directives in our field of work.

For IPRED2, however, they need also a framework decision. This is 
because they want to introduce criminal sanctions for copyright and 
patent infringements. Criminal sanctions are normally only a matter for 
Member States (under the principle of subsidiarity). The Council 
framework decision is necessary to override the principle of 
subsidiarity in this instance, so that there can be European legislation 
on this issue. Otherwise, the Directive could be challenged in the ECJ 
and would be likely deemed illegal. There is case law on this. This is 
why criminal sanctions were removed from IPRED1, as it was likely the 
Directive would have been struck down by the ECJ.

The Scrutiny Committee usually get an information note from the 
responsible department on any draft European legislation. In this case, 
they have only received an information note on one part, the framework 
decision. They haven't got a note on the directive, the part of 
substance for us. So they postponed their discussion until they get do.

Does this make sense?


Ian Clarke wrote:
> On 19 Oct 2005, at 14:49, Daithí Mac Síthigh wrote:
>> Here's what little was said in the Dáil committee:
>> "On the matter of deferred documents there is one proposal for  
>> deferral. Proposal 4.1, COM (2005) 276, is for a Council framework  
>> decision to strengthen the criminal law framework to combat  
>> intellectual property offences. The lead Department is the  Department 
>> of Justice, Equality and Law Reform and the other  Department with an 
>> interest is the Department of Enterprise, Trade  and Employment. There 
>> are two parts to this proposal and the  secretariat has, to date, 
>> received a note that concerns only the  proposed framework decision. 
>> The Department has indicated that an  additional note would be 
>> provided in regard to the proposed  directive concerning criminal 
>> measures aimed at ensuring the  enforcement of intellectual property 
>> rights. It is proposed to  defer consideration of this proposal until 
>> the additional  information note is received by the Department. Is 
>> that agreed?  Agreed."
> Can anyone translate that into English?  What are the implications of  
> this, if any?
> Ian._______________________________________________
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