Bonum Certa Men Certa

The EPO Bundestagate -- Part 3: A “Minor Interpellation” in the German Bundestag

Series index:

  1. The EPO Bundestagate -- Part 1: How the Bundestag Was (and Continues to be) Misled About EPO Affairs
  2. The EPO Bundestagate -- Part 2: Lack of Parliamentary Oversight, Many Questions and Few Answers…
  3. You are here ☞ “Minor Interpellation” in the German Bundestag


German Bundestag
The EPO has been the subject of questions in the German Bundestag on a number of occasions between 2015 and 2020



Summary: The EPO scandals and blunders have been brought up in the German Bundestag in the days of Benoît Battistelli and António Campinos; but no adequate answers were offered

As mentioned in the last part, when it comes to EPO affairs German politicians have been far more timid and reticent compared to their Dutch counterparts.



In the EPO's main host state, politicians have - for the most part - preferred to refrain from getting involved in any scrutiny of the lucrative "Dukatenesel" with its headquarters in the Bavarian capital of Munich.

A rare exception to this general trend was found among the members of the "Freie Wähler" who took up cudgels on behalf of beleaguered EPO staff by filing motions in the Bavarian State Parliament ("Landtag").

These motions were consistently voted down by the majority CSU party which gave the impression of being hell-bent on protecting Battistelli and shielding his excesses from unwelcome public scrutiny in the home town of the EPO's headquarters.

"In the EPO's main host state, politicians have - for the most part - preferred to refrain from getting involved in any scrutiny of the lucrative "Dukatenesel" with its headquarters in the Bavarian capital of Munich."At a federal level there was never any significant effort in the German political arena to subject EPO affairs to parliamentary scrutiny.

A rare exception here was Jutta Krellmann of the socialist party "Die Linke" who asked a question in October 2015 following the publication of a report in heise.de about deteriorating working conditions at the EPO (Bundestag Printed Paper [PDF] no. 18/6301).

The response dated 8 October 2015 from the Secretary of State at the Federal Ministry for Justice, Christian Lange, was the usual kind of hand-waving waffle typically dished up on such occasions.

Lange's response was strong on pious platitudes such as "A good working atmosphere at the European Patent Office is a very important concern for the Federal Government". But it was lamentably weak in terms of meaningful substance.

Since Battistelli's departure from the EPO in June 2018, it seems that some other German politicians have finally mustered up the courage to ask some serious questions about the EPO.

In one of his occasional contributions to the Kluwer Patent Blog, published at the start of March 2020, the German patent attorney, Dr Thorsten Bausch, reported on one such parliamentary intervention by members of the liberal party, "Freie Demokratische Partei" (FDP).

At the end of January 2020, a group of representatives from the FDP (Bundestag Printed Paper [PDF] no. 19/17383) had submitted a minor interpellation ("Kleine Anfrage") containing a series of questions about the EPO and its activities.

"Rather than attempting any meaningful engagement with the substance of the matters raised by the FDP, the reaction of the government was to brush these awkward questions aside, citing reasons of “confidentiality”."According to the procedural rules of the Federal Parliament ("Bundestag"), at least five percent of the members of a parliamentary group are required in order to put questions to the government on a particular topic in written form. The questions are transmitted to the President of the Bundestag, who forwards them to the Federal Government, requesting that they be answered. Minor interpellations are answered by the government exclusively in written form.

Under points 4. and 6. of the FDP's "minor interpellation" reference was made to matters connected to the lack of effective data protection at the EPO (in translation):

4. Was the Government aware of the accusations published in the press that staff rights were being violated by surveillance and by labour law restrictions under the EPO’s previous management and what is its view thereon?


and

6. Was the Government aware of the accusation published in the press of employee surveillance by an internal investigation unit under the EPO’s previous management and what is its assessment thereon?


Dr Bausch concluded his article with the following remarks:

"Whether the representatives will get good (i.e. meaningful) answers back by the German Ministry of Justice, though, will remain to be seen. I would not hold my breath. But stay tuned, I will try to follow up on this. Transparency is important."


Dr Bausch's openly expressed scepticism about the likelihood of the FDP representatives being supplied with meaningful answers to their questions seems to have been entirely justified in view of the response of the German government dated 11 March 2020 (Bundestag Printed Paper [PDF] no. 19/17809).

Rather than attempting any meaningful engagement with the substance of the matters raised by the FDP, the reaction of the government was to brush these awkward questions aside, citing reasons of "confidentiality".

The relevant passage of the response reads as follows (in translation):

Questions 4 to 7 will be answered together. The questions relate to confidential disciplinary proceedings which the Federal Government will not comment on at present. This also applies to proceedings before the internal appeals committees.


Of course this is just pure and undiluted humbug.

"Unfortunately, there is no sign that Dr Bausch followed up on his declared intention to return to the topic. It would have been very interesting to read his comments on the response of the government to the FDP's interpellation. It is difficult to imagine that he would have had anything complimentary to say about the manner in which the matter was handled by the Federal Ministry of Justice."The existence of purportedly "confidential" disciplinary proceedings is no valid reason for refusing to enter into a discussion about the general principle of the use of covert surveillance measures. This is particularly so when such measures are deployed in the context of a deficient data protection framework which fails to provide adequate safeguards against abuse. It is very clear that discussion about the general principles governing such matters does not need to concern itself with the details of individual cases.

Unfortunately, there is no sign that Dr Bausch followed up on his declared intention to return to the topic. It would have been very interesting to read his comments on the response of the government to the FDP's interpellation. It is difficult to imagine that he would have had anything complimentary to say about the manner in which the matter was handled by the Federal Ministry of Justice.

This was not the only occasion on which the FDP made a well-intentioned but unfortunately unsuccessful attempt to subject the activities of the EPO to scrutiny in the Federal Parliament. In the next part, we will look at an earlier parliamentary interpellation by the FDP which was submitted in 2019.

Recent Techrights' Posts

EPO Education: Workers Resort to Legal Actions (Many Cases) Against the Administration
At the moment the casualties of EPO corruption include the EPO's own staff
 
Microsofters Try to Defund the Free Software Foundation (by Attacking Its Founder This Week) and They Tell People to Instead Give Money to Microsoft Front Groups
Microsoft people try to outspend their critics and harass them
[Meme] EPO for the Kids' Future (or Lack of It)
Patents can last two decades and grow with (or catch up with) the kids
Topics We Lacked Time to Cover
Due to a Microsoft event (an annual malware fest for lobbying and marketing purposes) there was also a lot of Microsoft propaganda
Gemini Links 22/11/2024: ChromeOS, Search Engines, Regular Expressions
Links for the day
This Month is the 11th Month of This Year With Mass Layoffs at Microsoft (So Far It's Happening Every Month This Year, More Announced Hours Ago)
Now they even admit it
Links 22/11/2024: Software Patents Squashed, Russia Starts Using ICBMs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 21, 2024
IRC logs for Thursday, November 21, 2024
Gemini Links 21/11/2024: Alphabetising 400 Books and Giving the Internet up
Links for the day
Links 21/11/2024: TikTok Fighting Bans, Bluesky Failing Users
Links for the day
Links 21/11/2024: SpaceX Repeatedly Failing (Taxpayers Fund Failure), Russian Disinformation Spreading
Links for the day
Richard Stallman Earned Two More Honorary Doctorates Last Month
Two more doctorate degrees
KillerStartups.com is an LLM Spam Site That Sometimes Covers 'Linux' (Spams the Term)
It only serves to distract from real articles
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 20, 2024
IRC logs for Wednesday, November 20, 2024
Gemini Links 20/11/2024: Game Recommendations, Schizo Language
Links for the day
Growing Older and Signs of the Site's Maturity
The EPO material remains our top priority
Did Microsoft 'Buy' Red Hat Without Paying for It? Does It Tell Canonical What to Do Now?
This is what Linus Torvalds once dubbed a "dick-sucking" competition or contest (alluding to Red Hat's promotion of UEFI 'secure boot')
Links 20/11/2024: Politics, Toolkits, and Gemini Journals
Links for the day
Links 20/11/2024: 'The Open Source Definition' and Further Escalations in Ukraine/Russia Battles
Links for the day
[Meme] Many Old Gemini Capsules Go Offline, But So Do Entire Web Sites
Problems cannot be addressed and resolved if merely talking about these problems isn't allowed
Links 20/11/2024: Standing Desks, Broken Cables, and Journalists Attacked Some More
Links for the day
Links 20/11/2024: Debt Issues and Fentanylware (TikTok) Ban
Links for the day
Jérémy Bobbio (Lunar), Magna Carta and Debian Freedoms: RIP
Reprinted with permission from Daniel Pocock
Jérémy Bobbio (Lunar) & Debian: from Frans Pop to Euthanasia
Reprinted with permission from Daniel Pocock
This Article About "AI-Powered" is Itself LLM-Generated Junk
Trying to meet quotas by making fake 'articles' that are - in effect - based on plagiarism?
Recognizing invalid legal judgments: rogue Debianists sought to deceive one of Europe's most neglected regions, Midlands-North-West
Reprinted with permission from Daniel Pocock
Google-funded group distributed invalid Swiss judgment to deceive Midlands-North-West
Reprinted with permission from Daniel Pocock
Gemini Links 20/11/2024: BeagleBone Black and Suicide Rates in Switzerland
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 19, 2024
IRC logs for Tuesday, November 19, 2024