Bonum Certa Men Certa

The Central Staff Committee of the EPO Remarks on Unlawful Censorship by the Office

Original letter from the EPO's Central Staff Committee [PDF]

Institutionalised injustice



Summary: "Institutionalised injustice," a new publication by the EPO's Central Staff Committee (CSC)

Zentraler Personalausschuss Central Staff Committee Le Comité Central du Personnel

Institutionalised injustice



Munich, 14.08.2020 sc20125cp – 0.2.1/5.2

Dear colleagues,

You may wonder why on earth the CSC is publishing now two documents dated October 2016 relating to the internal justice system of the EPO (a presentation and an open letter to PD43). Well, there is a simple explanation for this.

The internal Appeal Committee (ApC) has recently found that the Office was wrong in refusing the publication of the two documents. The President of the Office has finally decided to follow the unanimous opinion of the ApC. As a result, almost four years later, the documents can be published on the Intranet at last!

The Appeals Committee will publish in-house abstracts from the final decision and from the opinion of the ApC. In the present case of censorship, we consider it legitimate to inform you without further delay about basic principles of freedom of speech, as unanimously confirmed by the ApC:

- Freedom of speech is part and parcel of freedom of association. Those freedoms are not absolute or unconditional. It is therefore not illegitimate for an Organisation to prevent publications containing incorrect information, or statements impairing the dignity of international civil service or grossly abusing freedom of speech. However, this exercise has its limits.

- As regards factual correctness, taking an overall view of the presentation objected to by the Administration, the ApC found it impossible to accept that two deviations from actual official figures were grave enough to be capable of justifying refusal of publication.

- Staff representatives may criticise the Office’s policies and actions, even sharply, as long as the language used is not injurious or defamatory, albeit robust. This is rather to be seen as a manifestation of the political jousting between management and staff bodies that is part and parcel of the life of a healthy International Organisation.

- It is essential for staff members to have knowledge of the various positions discussed between the Administration and the Staff Committee on matters of general interest for staff. This ensures that the Administration can be exposed to a degree of accountability to staff for policy decisions affecting them.

The ApC unanimously concluded that censorship was neither appropriate nor proportionate and that the refusal to publish both documents was tainted by illegality.

In addition it also found aggravating circumstances in the way how the Office handled the CSC requests, by delaying a response and then failing to respond altogether. The ApC also had “some difficulty in understanding” the Administration when it then raised a receivability objection with no serious arguments at the appeal stage.

The case illustrates the incontrovertible fact that the delays in the internal justice system make judicial redress of abuse of power by the Administration an illusory exercise in many cases, especially in cases of censorship. This is why we usually also make our publications available to the two unions for them to publish them as well, if they so wish. However, to be fair, the current President of the Office has been much more liberal than his predecessor as far as publications by the Staff Committee(s) are concerned.

The Central Staff Committee

Recent Techrights' Posts

Writing and Coding Isn't Always Enough
Last year we had to assume a role we didn't have before: litigants
 
Why We Publish Information About the SLAPPs (But Not About the Legal Process), an Abuse of Process by Americans Trying to Silence Critics of Their Employer, Microsoft
It doesn't take thousands of pages to explain something simple
Internet Relay Chat Didn't Fall Off a Cliff
IRC will turn 40 in less than 3 years from now
The UEFI 9/11 - Part V - This is Not a Drill (Disable "SecureBoot" Now)
A "9/11" Coming
There's No Obligation to Speak to Anybody
The very fact that "bkuhn" is till spending time in social control media says a lot about his poor judgment
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 01, 2025
IRC logs for Monday, September 01, 2025
The Register MS Says "AI Web Crawlers Are Destroying Websites", So Why Does The Register MS Help 'AI' Companies? (Spoiler: Money)
People need to call out The Register MS on its hypocrisy
Microsoft Trying to Force People to Resign (Amid Mass Layoffs) a Strategy That Takes Its Toll
Microsoft seems to be circling down the drain and the "final flush" will be the moment the "hey hi" (AI) bubble implodes completely
Google Simply Cannot Be Trusted
Only fools would trust GAFAM
Admission That a Third Party (or Parties) Funds the SLAPPs Against Techrights
This can end up costing them over a million dollars
Modifying and Writing One's Own Computer Programs is Not a Crime (or: Google Proves That Stallman Was Right)
We're generally gratified to see so many positive mentions of him
Why We Stopped Publishing Videos (for Now)
We'll probably get back to videos one day, but it's hard to say when or to what extent
What Animal Rights Activism Teaches Us About Sympathy and Focus
It's possible to believe that the planet is warming, that we must do something about it, and still eat eggs and butter
When You Turn Web Sites About Tech Into Political Sites
A lot of people fall into the trap of catering only for particular groups
Gemini Links 02/09/2025: ROOPHLOCH 2025 and Lagrange 1.19 Released
Links for the day
Gemini Links 01/09/2025: News Corp. WSJ and A Month With NixOS
Links for the day
Slopfarms Already Peaked, They Will Die When Slop Companies Run Out of Money to Borrow
slopfarms will lack an actual "engine"
“Sideloading” Never Killed Anybody
There are many online discussions this week about the misnomer "sideloading"
Slopwatch: Google News as FUD Vector Against Linux and Plagiarism Enhancer, Serial Slopper (SS) Uses LLMs to Googlebomb "Linux"
Slop destroys the Web not just by screwing with search engines and helping plagiarists. It's also responsible for de facto DDoS attacks...
Links 01/09/2025: "Attacks on Science" and China's "Soft Power" Grows
Links for the day
Links 01/09/2025: Fresh Backlash Against Slop and "Norway’s Electricity Crisis is About to Hit Britain"
Links for the day
Links 01/09/2025: Catching Up (Mostly via Deutsche Welle), "Windows TCO" Effect in UK
Links for the day
Gemini Links 01/09/2025: Linguistic Barriers and "Web 1.0 Hosting"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 31, 2025
IRC logs for Sunday, August 31, 2025
Autumn Has Come
Autumn should be exciting in all sorts of ways; it'll also mark our anniversary
The UEFI 9/11 - Part IV - External Interference
They all seem to be playing a role in crushing Software Freedom and self-determination for users
Links 31/08/2025: Baggage Claim Scams, an Insurrectionist’s War on Culture, and a Sudden Robotics Hype
Links for the day
Gemini Links 31/08/2025: Reviewing Netsurf and Slightly Less Historic Ada Design
Links for the day
IBM Has Taken Control of GNOME
Don't expect a successor to be found any time soon
Links 31/08/2025: Google Gmail Data Breach and LF Puff Pieces for Pay
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 30, 2025
IRC logs for Saturday, August 30, 2025
This is What Google News Has Become
Moments ago