Jesper Kongstad has turned the Organisation into a lapdog -- not a watchdog -- of the Office (autocracy of Kongstad's predecessor), aiding even unprecedented secrecy around salaries
THE EPO's staff supports the staff union a lot more than it supports its own management. In fact, the President has a 0% approval rating. That's how grim things are. The Board, which is increasingly complicit in all this, admits there is "a crisis".
hoge Raad: Dutch judges are not allowed to assume responsibility in cases against the EPOrg.
So, immunity upheld. SUEPO cannot file charges against the EPO anywhere, neither nationally or with ATILO (only for employees, not for,staff organisations).
So, what about illegal activities of the national representatives who voted in favour of rules which are illegal in their own country?
should've read the publication (in Dutch) first, instead of just the headline....
This is the opinion of "an independent expert". He states that the European Convention on Human Rights does not require access to indpendent courts, and that the internal procedures of the EPO, as well as ATILO, allow sufficient remedies.
Well, the SUEPO does not have access to internal remedies, nor to ATILO....
The new expected date for a decision is 20 January 2017.
Thanks for the press release.
I will have to digest the actual "opinion" before commenting.
From paragraph 2:19 of the opinion of the Prosecutor (Google translated):
"The mere appeal to an alleged particularly serious breach of a norm of international law, or even a norm of jus cogens claim immunity from jurisdiction can not override . Honoring the claim immunity from jurisdiction by the courts in no way means that they held that infringement of property rights is permissible. It follows that the nature of the substantive rights at issue and the alleged severity of the infringement should not be included in the key or the proportionality requirement is met in the context of determining whether an application should be granted immunity from prosecution. I believe that the component also succeeds in this respect."
In other word, immunity is absolute, and does not depend from the nature of the infringement.
It is difficult to disagree, and a decision against SUEPO in January look improbable.
I don't blame the Dutch Government to uphold this principle of International Law though its Prosecutor - yes, when a drunken diplomat kills a little girl with its car immunity is uphold, even in front of public outcry. I note, however, that in general the Diplomat will quietly be asked to leave the hosting state to silence the controversy.
This is the least that the Dutch Government, through the AC, should require from EPO, to not appear to abide the abuses happening there.
But this will never happen, of course, and a decision in favor of battistelli and his regime in January will only embolden him and his clique.
It will be like saying "Here, Mr. battistelli: a blank cheque for you."
The fear of M. Battistelli is that an independent audit checks the real situation at the EPO.
Currently all the numbers are given by M. Battistelli himself without any independent authority to supervise.