Bonum Certa Men Certa

The EPO's Central Staff Committee Explains How Battistelli's Attacks on Judge Corcoran Annul Any Perception of Independence

And the German Constitutional Court should thus can the UPC

Fair trial



Summary: The letter regarding the 'exile' of Patrick Corcoran (currently in DG1) is trickling out in spite of efforts to suppress its publication (even internally)

THE staff representatives of the EPO have plenty to worry about because ILO and the AC remain in Battistelli's pocket and he seems capable of doing whatever he wants without any consequences.



A report which we saw last week mentioned a letter regarding the forced removal ('exile') of a judge to The Hague, under the direction (his DG!) of Battistelli. Since then we have tried getting hold of that letter, hoping someone will eventually send it to us.

"The EPO is currently censoring the publication on the Intranet of a CSC open letter to the Delegations of the AC," SUEPO wrote. "Following a request from the CSC we hereby publish the letter with its accompanying text."

So here we have censorship by the EPO yet again. Here's the accompanying text:

AC Disciplinary Case [D1/15] settled?

In its Communiqué of 19 December 2017, the Administrative Council announced that “it took a final decision in a disciplinary case [D1/15] against an employee appointed by the Council - a case which had attracted significant public attention.” and for which the ILO Administrative Tribunal already delivered Judgments 3958 and 3960 ordering the immediate reinstatement of the suspended member of the Boards of Appeal (BoA), whom the Council then declined to re-appoint. The employee was first reinstated in the BoA in Munich for a few days.

In January 2018, the Office informed him that he will be permanently transferred in February 2018 to a post of Senior Expert in Classification expressly created for him in The Hague, pursuant to Art. 41(3) ServRegs.

However, the employee never performed classification work and is instead specialised in substantive examination and legal matters. The assignment to completely new duties is clearly against the interests of the service and betrays the aim of the Office Administration: impose a further covert disciplinary sanction and ultimately engineer a situation of "constructive dismissal" for professional incompetence under Art. 52 ServRegs.

This decision will reopen the discussion on a case meant to be settled.

In its Communiqué, the Council “underlined its expectation that now - after a long period of intense debate - legal peace would be restored.” The ball is now again with the AC if it wants it to be fulfilled.

The letter to the Heads of Delegations of the Administrative Council can be found here.

Your Central Staff Committee


Here is the letter referred to:

Heads of Delegations of the Administrative Council

Open letter

Forced transfer of a former judge from Munich to The Hague

Dear Heads of Delegations,

In its Communiqué1 of 19 December 2017, the Administrative Council announced that “it took a final decision in a disciplinary case [D1/15] against an employee appointed by the Council - a case which had attracted significant public attention.” and for which the ILO Administrative Tribunal already delivered Judgments 39582 and 39603 ordering the immediate reinstatement of the suspended member of the Boards of Appeal (BoA), whom the Council then declined to re-appoint. The employee was first reinstated in the BoA in Munich for a few days.

In January 2018, the Office informed him that he will be permanently transferred in February 2018 to a post of Senior Expert in Classification expressly created for him in The Hague, pursuant to Art. 41(3) ServRegs. This decision will reopen the discussion on a case meant to be settled:

● First, the Tribunal clearly acknowledged the moral prejudice caused to the employee since December 2014. Transferring him to a country in which he had never lived is a further burden for him and his family. The Office did not fulfil its duty of care by assessing medically whether the employee was fit for a transfer. For medical or personal reasons, the employee may have to refuse to be transferred and in such case the President may decide to terminate his service (Art. 53(1)(b) ServRegs).

________ 1 https://www.epo.org/about-us/governance/communiques.html#a36 2 http://www.ilo.org/dyn/triblex/triblexmain.fullText?p_lang=en&p_judgment_no=3958 3 http://www.ilo.org/dyn/triblex/triblexmain.fullText?p_lang=en&p_judgment_no=3960




● Second, the employee never performed classification work and is instead specialised in substantive examination and legal matters. The assignment to completely new duties is clearly against the interests of the service and betrays the aim of the Office Administration: impose a further covert disciplinary sanction and ultimately engineer a situation of "constructive dismissal" for professional incompetence under Art. 52 ServRegs.

France Telecom, a company formerly including civil servants with lifetime job guarantees in its workforce, organized involuntary transfers of employees in order to pressure them to leave. At the same time the number of suicides increased drastically. Since then, such practices are considered4 to be “particularly disruptive”.

The decision of the Office Administration will also have consequences in pending national proceedings before the German Constitutional Court (Bundesverfassunsgericht), which concern the standing and independence of the BoA. The Court will pay particular attention to the treatment of a former member of the BoA under the authority of a President who was already found by the Tribunal to have a conflict of interest in the matter.

More generally, interested circles will also note how easily the EPO Service Regulations can be misused to (try to) get rid of colleagues, who are supposed to be “permanent employees”, in times where the President of the Office is about to submit to the Council CA/121/175 , a proposal for “modernisation” of the employment framework making the exercise even easier.

In its Communiqué, the Council “underlined its expectation that now - after a long period of intense debate - legal peace would be restored.” The ball is now again with the AC if it wants it to be fulfilled.

Sincerely yours,

Chairman of the Central Staff Committee cc: Mr B. Battistelli, President of the EPO ________ 4 http://www.nytimes.com/2010/04/10/business/global/10ftel.html 5 http://www.epo.org/modules/epoweb/acdocument/epoweb2/304/en/CA-121-17_en.pdf


Battistelli's EPO suppressed the publication of this letter even internally, so the EPO's management clearly worries that the letter will be seen, e.g. by the German Constitutional Court (Bundesverfassunsgericht). It can doom the UPC almost instantaneously (if judges see just to what degree the EPO continues to attack judges and disobey orders of judges from ILO).

Recent Techrights' Posts

Microsoft: Our "Goodwill" Gained Over 51 Billion Dollars in the Past Nine Months Alone, Now "Worth" as Much as All Our Physical Assets (Property and Equipment)
The makeup of a Ponzi scheme where the balance sheet has immaterial nonsense
FSFE (Ja, Das Gulag Deutschland) Has Lost Its Tongue
Articles/month
Ian Jackson & Debian reject mediation
Reprinted with permission from disguised.work
How to get selected for Outreachy internships
Reprinted with permission from disguised.work
 
Lucas Kanashiro & Debian/Canonical/Ubuntu female GSoC intern relationship
Reprinted with permission from disguised.work
Pranav Jain & Debian, DebConf, unfair rent boy rumors
Reprinted with permission from disguised.work
Links 27/04/2024: Kaiser Gave Patients' Data to Microsoft, "Microsoft Lost ‘Dream Job’ Status"
Links for the day
Gemini Links 27/04/2024: Sunrise Photos and Slow Productivity
Links for the day
Almost 2,700 New Posts Since Upgrading to Static Site 7 Months Ago, Still Getting More Productive Over Time
We've come a long way since last autumn
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 26, 2024
IRC logs for Friday, April 26, 2024
Overpaid lawyer & Debian miss WIPO deadline
Reprinted with permission from disguised.work
Brian Gupta & Debian: WIPO claim botched, suspended
Reprinted with permission from disguised.work
Microsoft's XBox is Dying (For Second Year in a Row Over 30% Drop in Hardware Sales)
they boast about fake numbers or very deliberately misleading numbers that represent two companies, not one
[Meme] Granting a Million Monopolies in Europe (to Non-European Companies) at Europe's Expense
Financialization of the EPO
Salary Adjustment Procedure at the EPO Challenged
the EPO must properly compensate staff in order to attract and retain suitably skilled examiners
Links 26/04/2024: Surveillance Abundant, Restoring Net Neutrality Rules (US)
Links for the day
Gemini Links 26/04/2024: uConsole and EXWM and stdu 1.0.0
Links for the day
Red Hat Corporate Communications is "Red" Now
Also notice they offer just two options: MICROSOFT or... MICROSOFT!
Links 26/04/2024: XBox Sales Have Collapsed, Facebook's Shares Collapse Too
Links for the day
Albanian women, Brazilian women & Debian Outreachy racism under Chris Lamb
Reprinted with permission from disguised.work
Microsoft-Funded 'News' Site: XBox Hardware Revenue Declined by 31%
Ignore the ludicrous media spin
Mark Shuttleworth, Elio Qoshi & Debian/Ubuntu underage girls
Reprinted with permission from disguised.work
Karen Sandler, Outreachy & Debian Money in Albania
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 25, 2024
IRC logs for Thursday, April 25, 2024
Links 26/04/2024: Facebook Collapses, Kangaroo Courts for Patents, BlizzCon Canceled Under Microsoft
Links for the day
Gemini Links 26/04/2024: Music, Philosophy, and Socialising
Links for the day
Microsoft Claims "Goodwill" Is an Asset Valued at $119,163,000,000, Cash Decreased From $34,704,000,000 to $19,634,000,000 and Total Liabilities Grew to $231,123,000,000
Earnings Release FY24 Q3
More Microsoft Cuts: Events Canceled, Real Sales Down Sharply
So they will call (or rebrand) everything "AI" or "Azure" or "cloud" while adding revenues from Blizzard to pretend something is growing
CISA Has a Microsoft Conflict of Interest Problem (CISA Cannot Achieve Its Goals, It Protects the Worst Culprit)
people from Microsoft "speaking for" "Open Source" and for "security"
Links 25/04/2024: South Korean Military to Ban iPhone, Armenian Remembrance Day
Links for the day
Gemini Links 25/04/2024: SFTP, VoIP, Streaming, Full-Content Web Feeds, and Gemini Thoughts
Links for the day
Audiocasts/Shows: FLOSS Weekly and mintCast
the latest pair of episodes
[Meme] Arvind Krishna's Business Machines
He is harming Red Hat in a number of ways (he doesn't understand it) and Fedora users are running out of patience (many volunteers quit years ago)
[Video] Debian's Newfound Love of Censorship Has Become a Threat to the Entire Internet
SPI/Debian might end up with rotten tomatoes in the face
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day