Linked by Thom Holwerda on Tue 29th May 2012 14:08 UTC
Legal Good news everyone! The Dutch parliament has just officially rejected ACTA. In addition, parliament has also accepted an additional motion which prohibits the government from signing similar agreements in the future. It was originally the plan to wait for the ACTA vote in the EU parliament, but a majority in the Dutch parliament felt that ACTA was too dangerous not to throw into the bin right away, EU vote or no. I'm not exactly sure what this means for ACTA as a whole, but it's my understanding that if one member state votes against ACTA - which we just did - it's effectively dead in the EU.
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RE[3]: Comment by MOS6510
by shotsman on Tue 29th May 2012 17:18 UTC in reply to "RE[2]: Comment by MOS6510"
shotsman
Member since:
2005-07-22

Sadly, an EU Directive will trump any nationally enacted laws.
Directives are (AFAIK) approved by the Commissioners and NOT subject to votes in the Parliament.
If I'm wrong I am sure that Thom will correct me.

Reply Parent Score: 2

RE[4]: Comment by MOS6510
by bdpedersen on Wed 30th May 2012 05:38 in reply to "RE[3]: Comment by MOS6510"
bdpedersen Member since:
2012-03-14

It's a bit more complex than that. Yes, a directive will trump national law, but the commision cannot force it through on its own. It will need to pass both the European Parliament and the the council. Every country have a veto in the council in matters like this.

Reply Parent Score: 3

RE[5]: Comment by MOS6510
by cyrilleberger on Wed 30th May 2012 07:22 in reply to "RE[4]: Comment by MOS6510"
cyrilleberger Member since:
2006-02-01

Every country have a veto in the council in matters like this.

Not really, until 2014, the rules of the treaty of Nice are applied, which require an unanimous vote on most topics, except for the "European Economic and Social Committee", and ACTA belonged to that commitee, which follow the rules of qualified majority voting complicated system. With the treaty of Lisbon, every decision is taken with a more simple (but still complicated) qualified majority voting system (see http://en.wikipedia.org/wiki/Qualified_majority_voting for more details).

However, based on experience government have been usually very favorable to ACTA-like policies in the past, meaning the Council is not really our hope. But the European Parliament is usually anti-ACTA-like policies, its agreement is required for a directive from the "European Economic and Social Committee" (and after Lisbon is active, on everything else).

However, it does not prevent any member state to enact ACTA-like laws. To prevent this to happen, we would need a directive that specifically says that forbid ACTA-like laws, but, such a directive is unlikely to ever exists, since directives are written by the European Commission, which is definitely in favor of ACTA-like policies.

Edited 2012-05-30 07:23 UTC

Reply Parent Score: 3