THE EPO is deteriorating not because Europe is deteriorating (it's not) but due to mismanagement.
Respecting the principles of the European social charter
Written question No. 03835 by Mr. Jean-Yves Leconte (French citizens outside France - SOCR)
Published in the Senate Journal of 15/03/2018 - page 1136
Mr. Jean-Yves Leconte draws the attention of the Prime Minister to the manner in which the representatives of France engaged in major European or international organizations understand the concept of respecting the principles of the European social charter, in its status as a universal source of social rights, and in such a way that the associations which represent staff members may be able to assert the rights of these staff members should they feel that they are being slighted within the institutions which employ them.
However, certain matters which have recently been judged by the Administrative Tribunal of the International Labour Organization, as the authority of last instance, have called to order the governing bodies of certain institutions which have divorced themselves from these universal principles, to such a point that the bodies of the Council of Europe have become concerned with the matter, and have recently issued a report, the recommendations of which cannot do other than implicate certain of our representatives within the institutions in question.
It is therefore a matter of urgency to determine how to motivate our representatives such that they will rapidly draw the lessons provided by these recommendations and from these issues of jurisprudence, with the representatives of other participant States, in ensuring the good governance of these institutions.
In anticipation of the response from the Prime Minister
French Senator Leconte asks a question to FR Prime Minister with the EPO in mind
https://jeanyvesleconte.wordpress.com/2018/03/19/ma-question-sur-le-respect-des-principes-de-la-charte-sociale-europeenne/
Question on the website of FR Senate : http://www.senat.fr/basile/visio.do?id=qSEQ180303835&idtable=q338211|q331776|q330301|q330515|q330412|q340802|q340797|q340801|q340358|q340360&_s=11026G&rch=qa&de=19780101&au=20180327&dp=1+an&radio=deau&appr=text&aff=sep&tri=dd&off=0&afd=ppr&afd=ppl&afd=pjl&afd=cvn
The evening concluded with an acknowledgement of the fact that at least hindsight is not as inherent in the English system as it is at the EPO where hindsight is an inevitable part of identifying the closest prior art, and where the problem to be solved is formulated from that closest prior art.
So that means in some circumstances it is OK to cover embodiments which could not have been made at the filing date, which is not too shocking. However I wonder whether this is the start of the end for use of 'squeeze' arguments in the UK, which the EPO seldom uses. Perhaps it is time now for us to align with the EPO in treating each test for validity and infringement independently and not worrying too much about the minor contradictions that emerge.