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What happens with ACTA now at the national level?

 

After the strong protests against ACTA all over Europe during the last two weeks, and with the expected referral of ACTA to the European Court of Justice by the European Commission to check its compliance with fundamental rights, some movement is being observed, with more or less intensity, as regards how certain national governments deal with ACTA now:

 Bulgaria

The government is currently performing a detailed review on the text, a comparison article by article with internal law, with special focus on the criminal sanctions and internet freedom within the different relevant ministries. There is no information on a timetable. Besides, the government is carefully watching what the other Member States on one side and the European Parliament on the other side will decide. The ratification is put on hold until the government has assessed.

 The Netherlands

The Minister of Economic Affairs plans to send ACTA to the highest Dutch jurisdiction to check if the text is compatible with NL law. Due to the recent political agitation around ACTA, the government, via its Ministry of Economic affairs, will send an official letter in the coming days /week to the Parliament to ensure him that his concerns on ACTA as regards its compliance with fundamental rights and internet freedom will be expressively mentioned to the Court in the government's official referral.

 Romania

There is an internal, detailed examination currently occurring within the government and relevant ministries that started right afterRomania's signatures on 26/1. They check the concordance of ACTA with internal law. There is no date known for the moment as when the result will be communicated.

 Slovakia

ACTA is being deeply examined right now by the government, to check the compliance of the text, in particular of the digital environment chapter, with internal law and the EU Charta of fundamental rights. The examination won't give any result before the parliamentary election in three weeks. We should wait around April/May to know the result of the examination.

 The Czech Republic

Now the government is undergoing technical/legal analysis, which involves relevant ministries and government bodies, on the whole Agreement, and not specifically on any particular issues. Following the previous protests, the main focus is on individual freedoms, especially in the digital environment. Until now the government does not decide whether it will refer ACTA to the nationalConstitutional Court, this is a "theoretical option".

 Lithuania

During the ACTA negotiation process the government carried out consultations with 14 different Lithuanian institutions (ministries) and their opinion was that ACTA is in compliance with the national legislation, i.e. no need to change or amend national laws. Having the consolidated ACTA text now this exercise was repeated. What concerns the current situation, the government is planning to create a Working Party which is going to analyse the ACTA text and its compliance with national laws. However, this process is in very initial stage, the Working Party not yet been created.

 Latvia

The government already performed a technical examination of ACTA to see if it requires change or modification of internal law. The answer was no. With the recent event, the ministers of Justice and of Economics are organising public hearings/seminars with NGOs to send a positive message on ACTA with a rather pedagogic approach. So there is no current (re)examination of the text to see its compliance with fundamental rights, such as in the digital environment provisions.

Belgium

During the negotiation process, the examination of the text as regards its compliance with internal law has been done. Following the recent protest events, the government considers organising a large debate at the Federal Parliament on ACTA, where the issues of the fundamental rights, including in the digital environment, would be "mentioned".  This debate has not been confirmed yet.

 Denmark

There was already a completed review performed, the conclusion was that the agreement will not necessitate change in Danish Law change. No additional review foreseen.

Our office is expecting to revceive furher information from other Member States in the coming days.

 

 

2 kommentarer

It's jus weird the questions that are being asked. It seems like member states governments are mostly concerned with whether there are any contradictions between the current legal texts of the member states and the text in the ACTA agreement, rather than whether the ACTA text has any substantial impact on the way the present legislation would be interpreted, or whether the explicit encouragement in ACTA for industries to strikes voluntary agreements to harm user's freedoms or future entrepreneurs could be expected to impact their future domestic, digital markets.

I'm a bit distressed that member states focus on such a narrow set of objections from all the multitudes of objections that have been raised against the agreement.

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