(Dieser Artikel ist auch in deutscher Sprache verfügbar)
The Dutch Parliament stated on 28 June 2006 that the European Commission has no competence to propose a new directive that is focusing on criminalizing intellectual property offences. The statement refers to a new draft directive - Directive on criminal measures aimed at ensuring the enforcement of intellectual property rights, 2005/0127 - revived by the European Commission at the beginning of May 2006.
The Parliament also said that the Commission should present concrete evidence why such a directive is needed, considering that the European body should show why the measures are essential for the good functioning of the single market. Also it considers that the directive might harmonise some penalties, but the exchange of information among member states would be a much more effective solution.
The conclusion of the text adressed to Mr. Frattini, Commissioner for Justice, Freedom and Security, and adopted by the Dutch Parliament states that: "Both Houses of the States-General conclude that no power has been granted to the Community in respect of the aim of the proposed action. Nonetheless, both Houses have – for the record – scrutinised the present proposal by reference to the principles of subsidiarity and proportionality and concluded that the proposal does not comply with them."
Commenting the decision of the Parliament, FFII analyst Ante Wessels notes that : "The European Commission and the member states are now in the process of circumscribing competence: How far can the Commission go? In this power struggle the Dutch Parliament made its statement: the Commission went much too far. Earlier Dutch minister of Justice Donner had already stated he was not 'pleased'."
Letter of Dutch Parliament to Mr. Frattini (3.07.2006)
English Version
http://europapoort.eerstekamer.nl/9310000/1/j9tvgajcovz8izf_j9vvgbwoim...
French Version
http://europapoort.eerstekamer.nl/9310000/1/j9tvgajcovz8izf_j9vvgbwoim...
Dutch Parliament says No to European criminal law against IP violations
(3.07.2006)
http://wiki.ffii.org/IpredNlParl060629En
IP Enforcement Directive 2: European Community goes criminal
http://wiki.ffii.org/Ipred2060510En
EDRi-gram : EU moves to criminalise IP offences (10.05.2006)
http://www.edri.org/edrigram/number4.9/ipcriminal