THE EPO debate slowed down a bit over the weekend. SUEPO is saying nothing new and we haven't received information that wasn't published already.
I have to wonder why my reply has not been posted. The reply was not offensive -verily, it recognizes that the author of the piece here made a special effort to include a reminder of the comment moderation policy.
Sorry folks, but the exchange of dialogue won't be happening here.
Judicial independence, or lack of it, is quite a meaty topic
Indeed. And if US Anon was familiar with Article 32 of the TRIPS Agreement he might even realise that the EPO shenanigans could have repercussions beyond Europe. http://www.cptech.org/ip/texts/trips/32.html
It was previously noted by some eagle-eyed observers that an emissary of the "heavenly sovereign" (Tenno)was present at the famous EBA hearing on 14 June 2016. Was this a mere coincidence ... ?
really? Has Mr. C been heard on the charges? If not, which I assume, then they again commit to the same fault as in the previous procedure and objected by ATILO.
A good question, whether a Board of Appeal member, after not being re-appointed, may be subject to disciplinary action by the Office President, for alleged acts while being a Board Member.
Well, the Council did initiate disciplinary proceedings, meaning there are proceedings pending. Starting new proceedings over the same allegations would be forbidden by most jurisdictions "Non bis de eadem re sit actio".
Could the Council turn over these proceedings to the Office President? Hm, considering the judgments, that would appear to be excluded. The next most senior management representative, as suggested by the judgments, may not have sufficient rank. I venture to say that all Vice Presidents suffer from the same bias as the President. So, in this concrete case, I do not see how such a transfer could be done, assuming it is legal in the first place.
What is much more striking is the total lack of remedies for the concerned board member. Having to wait for years without getting a decision on the merits is not acceptable in terms of labour law. There should be a fast track procedure.
I did not see a message terminating the disciplinary proceedings, hence, it seems that these proceedings are still pending. The Board member has no means to speed up the issue, or to ask a court to order a stop of these proceedings. He has to wait until a decision is taken. The current legal system allows to keep him in legal limbo for the rest of his career. This is definitely not acceptable.
To be honest, the guilt or not of Mr. Corcoran is one issue that has largely been overlooked during this sorry saga. If he did post (offensive) comments about the President or one of his friends from a PC located on EPO premises, even if in a public area, then he was clearly taking a big risk - why he did not do this from home or from an Internet cafe is something only he can know.
The simple fact is that the President and the AC came up with ZERO evidence of any "crime"(for wont of a better word), but continued to harass Corcoran nevertheless, so sure were they that he had done something wrong. The first case presented to the BoA was a joke - "here's a pen-drive with 1000 documents on it, we're sure you can find something incriminating in them". I mean, come on, if that was the best "evidence" that they had, then the whole case was pretty thin from the get-go.
It is clearly quite possible that Corcoran did do something that he possibly shouldn't have, but we will never no, so badly has the case been handled. As an EPO employee, I am actually embarassed by the behaviour of the President and the AC, as they have been publicly shown to be malicious, incompetent, and incapable of either understanding or following the rule of law.
I have followed this story for years, and there is one thing that really puzzles me. If all this is true, then what we see is not less than the slow and thorough demolition of an individual in the public eye, including his own colleagues. These, however, are sais to be judges, so they are not unaware of issues like independence of the judiciary, presumption of innocence, right to be heard, due process, etc. But all we have heard so far in support of their peers is ... deafening silence. One can only hope for them that the whole story is made of shameless lies.
I am interested in your comment that "making adverse public comments on the internet about a colleague would be a disciplinary offence in most workplaces, even if they are not defamatory".
Whilst I agree that this is likely true for a "normal" workplace, I question whether it is appropriate to apply such a general rule to the facts of this particular case.
The first reason for this is that, as I understand it, the "public comments" were made pseudonymously. Hence, the public was not in a position to confirm whether the comments really were made by an employee of the EPO. (Indeed, the manner in which the true identity of the commenter was "revealed" is, in my view, much more problematic than the content of the comments... but that is another story.)
The second is that it could be argued that there was a public interest in the information revealed by the comments, with the consequence that the commenter could be afforded the status of a "whistleblower". This could either wholly or partly undermine any disciplinary case against Mr Corcoran, depending upon whether he revealed any "confidential" information that was not connected to the "wrongdoing" that he was seeking to expose.
With these factors in mind, I would be inclined to dismiss all disciplinary charges against Mr Corcoran. However, I am not in possession of all of the relevant facts... though I strongly suspect that the same could be said of the delegates to the AC.