Local view for "http://purl.org/linkedpolitics/eu/plenary/2001-10-04-Speech-4-183"

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"Mr President, I shall not speak about the subject but on the institutional issues. This House has already rejected the option of – or, at least, it has refrained from – lodging an appeal with the European Patent Office. That is only right and proper. The European Parliament is a legislative body, and as a legislative body, it cannot intervene in current proceedings. That is simply not possible! This is one of the fundamental principles of a democracy under the rule of law. The legislator passes a law – in this case, the Directive – which will be confirmed next week by the European Court of Justice. Then it will be down to the authorities to apply the Directive and award a patent or not, and the courts will have to decide whether this award or refusal of a patent is lawful. That is the due process, and no other process exists in a democracy under the rule of law. That is why the legislator – in this case, the European Parliament – cannot intervene in current proceedings. The European Parliament has about as much responsibility for this issue as the Commission, or the Green Party congress or a general meeting of Greenpeace. It is not for the Commission, or this House, or the Greens, or Greenpeace to decide how a Directive should be applied; that is the task of the relevant authorities. They – and the courts – decide on this issue, nobody else! And that is how it should be. Other than that, Ms Breyer, almost everything you said was factually incorrect."@en1

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