Bonum Certa Men Certa

The EPO's War on Justice and Assault on the Law -- Part 17: The External Members: Evangelos Chatzikos and Richard Arnold

Previously in this series:



Royal Courts of Justice, London, UK
Royal Courts of Justice London



Summary: A closer examination of Evangelos Chatzikos (Greece) and Richard Arnold (UK) as external members in case no. G 1/21, which starts later this week

Finally, we come to the "external members" of the panel dealing with case no. G 1/21:



Evangelos Chatzikos (Greece) and Richard Arnold (UK).


As we noted in an earlier part of this series, these "external members" are legally qualified members of the national courts or other quasi-judicial tribunals of the EPO's contracting states. They participate in EPO cases on an occasional basis but otherwise continue their normal judicial or quasi-judicial activities at the national level.

Their service at the EPO is regulated by the "Regulation on the appointment and conditions of employment of members of the Enlarged Board of Appeal".

According to this regulation they are remunerated on a case-by-case basis and receive a flat fee of EUR 1000 per case [PDF]. If the external member acts as rapporteur, then the fee is increased to EUR 2500. They are also entitled to reimbursement of travelling expenses arising from official journeys. From the regulations:

Athens court
Regulation - Article 11, Paragraph 5, EPC



These guys are what Benoît Battistelli would have called "real judges".

The Corsican despot never hid his disdain and contempt for the in-house judiciary at the EPO whom he considered to be his own personal "vassals". On one occasion it is reported that he even told the members of the Boards of Appeal to their faces:

"The Corsican despot never hid his disdain and contempt for the in-house judiciary at the EPO whom he considered to be his own personal "vassals".""A mon opinion, vous n'êtes pas de juges"

(Translation: "In my opinion you are not judges.")

Turning now to the "external members" in case G 1/21, the first thing that has to be said is that practically no information is publicly available about the Greek judge, Evangelos Chatzikos, apart from the fact that he is the President of the Court of First Instance in Athens.

Athens court
The Court of First Instance in Athens where Evangelos Chatzikos normally presides.



Chatzikos comes from a country whose legal system can hardly be said to enjoy a squeaky clean reputation.

"Chatzikos comes from a country whose legal system can hardly be said to enjoy a squeaky clean reputation."Back in June 2019, the Greek Parliament downgraded bribery of public officials from a felony offence to a misdemeanour, thus introducing more lenient criminal sanctions for such crimes.

This move drew strong criticism from the Council of Europe's anti-corruption body, the Group of States against Corruption (GRECO), and from the OECD.

Although there was a partial reintroduction of stronger criminal legislation in respect of bribery offences towards the end of 2019, GRECO concluded that more work was needed to render the criminal justice system fit for purpose if corruption was to be countered effectively.

More recently, the European Commission's Rule of Law report for 2020 identified serious problems in Greece regarding the administration of justice, pluralism in the media, the fight against corruption, the activities of lobbies as well as the protection of whistle-blowers. According to the report, Greece's justice system continues to face significant challenges as regards its quality and efficiency.

"Back in June 2019, the Greek Parliament downgraded bribery of public officials from a felony offence to a misdemeanour, thus introducing more lenient criminal sanctions for such crimes."None of this should be misinterpreted as an attempt to cast aspersions on the personal integrity of Mr Chatzikos. In the absence of any evidence to the contrary he is, in all probability, every bit as sound as the next man.

However, what is of relevance here is that Mr Chatzikos holds a relatively senior judicial position in a country whose legal system suffers from a predominantly negative image. This is not a matter of "prejudice" but is rather based on the independent assessments of intergovernmental bodies such as the Council of Europe and the European Commission.

Common sense tells us that you don't rise to occupy such a senior judicial position in any jurisdiction without knowing how to "play the game" according to the local rules.

"Common sense tells us that you don't rise to occupy such a senior judicial position in any jurisdiction without knowing how to "play the game" according to the local rules."Trying to put things as diplomatically as possible, the political environment in contemporary Greece combined with the lack of any publicly available information about Mr Chatzikos himself, suggests that he is unlikely to be too concerned about keeping the proceedings in case no. G1/21 on the "straight and narrow".

The other external member, Richard "Dickie" Arnold (UK) comes from a legal tradition that has a somewhat more positive reputation for procedural correctness and adherence to the rule of law.

Lord Justice Arnold - to give him his official title - is quite a well-known UK legal figure with a fairly prominent public profile.

He was appointed a Lord Justice of the Appeal Court in October 2019.

Richard Arnold
Richard Arnold was appointed a Lord Justice of the UK Court of Appeal in October 2019.



It's well know that Battistelli had a certain regard for British legal eagles - in particular he was fond of using QCs from 39 Essex Chambers to intimidate the Enlarged Board and stitch up SUEPO officials.

"Lord Justice Arnold - to give him his official title - is quite a well-known UK legal figure with a fairly prominent public profile."However, it's not certain that "Dickie" Arnold is someone who would have met with unconditional approval from the Corsican despot.

Back in 2016, together with a large group of other judicial colleagues in the UK, Arnold was involved in a legal complaint against the introduction of new judicial pension system that required employee contributions.

This was a "mass appeal" led by six high court judges - including Arnold who was 55 at the time - which was joined by 204 Crown Court judges, district judges, sheriffs and tribunal judges.

"This was a "mass appeal" led by six high court judges - including Arnold who was 55 at the time - which was joined by 204 Crown Court judges, district judges, sheriffs and tribunal judges."The six High Court judges appointed at a "relatively early age" took their action against the Ministry of Justice in connection with the pension changes which they claimed were discriminatory and less favourable in terms of benefits.

In 2017 it was reported that the aggrieved UK judges had won their claims against the Ministry of Justice in an employment tribunal ruling, which was estimated to leave the UK government facing costs of up to €£ 118m if the lost benefits were to be fully restored.

Lawsuits of this kind are precisely the kind of "disloyal" activity that Battistelli deprecated when "his" staff, both examiners and members of the Boards of Appeal, brought their complaints to the ILOAT.

“It is not ILOAT that manages the Office. It is childish, childish to write to judges in Geneva.”, he retorted, raising his voice menacingly.


Battistelli is unlikely to have been impressed by Arnold's participation in such a "childish" legal action against his employer.

Liz Truss
Justice Arnold was lucky that Chancellor Liz Truss didn't have the totalitarian powers of Battistelli.



"Dickie" Arnold and his colleagues were lucky that their boss, Chancellor Liz Truss, didn't have the totalitarian powers of an EPOnian President at her disposal. Otherwise they might have ended up in the Tower of London rather than enjoying the luxury of "due process".

"Battistelli is unlikely to have been impressed by Arnold's participation in such a "childish" legal action against his employer."Returning now to G 1/21, it has to be admitted that, in the final analysis, the external members of the panel are "dark horses" whose actions cannot be reliably predicted.

In particular, it's impossible to say how they are likely to react - if at all - to the concerns which have been publicly expressed about the suspected partiality of the Chairman and the other internal members of the panel.

"In particular, it's impossible to say how they are likely to react - if at all - to the concerns which have been publicly expressed about the suspected partiality of the Chairman and the other internal members of the panel."That concludes our introduction to the "external members".

Before presenting some concluding observations on the current state of play in case no. G 1/21, we will make a short diversion to look at Carl Josefsson's well-oiled PR machine which is likely to become increasingly active in the run-up to the hearing scheduled to take place on 28 May.

Recent Techrights' Posts

In Malawi, Windows Down to 10%, GNU/Linux Growing
it's not a small country
[Meme] Featuritis
Newer is not always better
Ireland Last to Report Election Results
Daniel Pocock's involvement in Australian politics goes back to his university days
Never Sleeps, Never Slumbers
We're going to try to improve not just in quantity but also in quality
EPO Has Gotten So Bad That Workers Need to Ask to be Allocated a Desk (at Work)
Wow!!!! An “allocated workplace”!!
 
The Corruption of Open Source Initiative (OSI), a Front Group of Microsoft and GAFAM, Openwashing Proprietary Things and Even Plagiarism, GPL Violations
Stefano Maffulli (and Microsoft's staff that works with him) basically profits from anti-FOSS
"AI" Tech Bubble
How much "hype quotient" does this whole "hey hi" (AI) thing have left in it?
Links 13/06/2024: Science, Politics, and Gemini
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 12, 2024
IRC logs for Wednesday, June 12, 2024
Gemini Links 12/06/2024: The Rodent Revolution and Adding Twisty Puzzles
Links for the day
Links 12/06/2024: Ukraine War Updates and Many Patents Being Subjected to Squashing Bounties
Links for the day
[Meme] The Purpose of Life is to Find a Desk
dogs have desks
Tux Machines Parties Going Well Do Far
Cross-posted from Tux Machines
In Many Countries, Both Large and Small, Vista 11 is Losing Market Share (Despite New PCs Coming Preloaded With It)
One need not even consider large nations in isolation
By "Going Public" the Raspberry Pi Ensures It'll No Longer Serve the Public
It'll be owned and controlled by whatever people wish to control it
Dave Wreski Also Plays the Bot Game (Chatbot) at LinuxSecurity to Fake 'Articles' About "Linux"
How much longer can they fool search engines (SEO) and readers?
[Meme] Indisputable Success
MICROSOFT buys shares of MICROSOFT
Links 12/06/2024: 'Hey Hi' (AI) Bubble Imploding Already, Danish Media Threatens to Sue OpenAI
Links for the day
Links 11/06/2024: Floods in Germany and Brazil, Political Violence
Links for the day
Gemini Links 12/06/2024: Sketching Plants, OpenBSD Pubnix
Links for the day
"2025 the year of Linux on the Desktop"
Charlie Stross quote
In Bahrain, Historically Low on GNU/Linux Adoption, Things Change for the Better
They have some people who understand Free software
Daniel Pocock Received Twice as Many Votes as Andreas Tille (Debian Project Leader After 2024 Election)
From the media yesterday...
Debian is Built by Hundreds of Volunteers and 524 Irish People Voted for Daniel Pocock
524 in that area went to the polling station to vote Daniel Pocock (Ind)
[Meme] RMS is 'Too Old', Says Company Run by a Person 5 Years His Junior (Ginni Rometty) and 10 Years His Junior (Arvind Krishna)
Never again?
[Meme] Women in Computer Science
Grace Hopper, Ada Lovelace etc.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 11, 2024
IRC logs for Tuesday, June 11, 2024
Togo: GNU/Linux Growing Fast This Year, Now Measured at 6%
Sending Bill Gates with a suitcase to bribe African officials isn't enough anymore
Free Software Projects Need to Chase Away Men Who Attack Women Rather Than The Women Who Complain
A just society holds people accountable rather than covers up such blunders
Improving the Image of Women in Free Software by Hiring and Promoting the Proficient Ones
Million's shaman background isn't the problem, or even the superstitious ghost-chasing. The problem is that she has absolutely no background in Free software.
They Say Cash is King
People who value their freedom will pay with cash any time they can
'Team Microsoft' Wants to Leverage Our Popularity as a Weapon Against Us
In the past 2 days we published 64 articles and served over a million HTTP/S requests
[Meme] Microsoft Has Enough of Its Own Problems (Layoffs Abundant), It Won't Rescue IBM or Canonical
"It's OK, we're partners"
Know Your Allies, Know Your Enemies
The answer to censorship attempts is more speech, not less speech
Debian is Back to Taking Money From Microsoft, the Company That's Attacking Linux From the Inside
If Debian fails to understand what's wrong with it, that's a problem
Ghana: Windows Down From 97% to Just 15%
The doors are closing on Windows
Links 11/06/2024: Practice of Retaliatory Layoffs at Microsoft
Links for the day
Gemini Links 11/06/2024: GMID 2.0.5 and More
Links for the day
The United States Will Cut Off or Cull Firefox
It is only a matter of time
[Meme] Firefox Is Not an Alternative to Google, Only to Chrome (and It Has Become Proprietary or OSPS Like Chromium)
The illusion of remaining "choice" on the Web
No, the World Wide Web Isn't Open (and Hasn't Been for Years)
It's proprietary all the way now
The War on Free Software Reporters - Part VII - Groupthink, Censorship Demands, and Ultimatums
There's a lot of groupthink in the Free software community
Microsoft Told Us That LLMs Were a Boon for Azure and 'Clown Computing', But the Thousands of Layoffs This Month Prove That It Was a Lie All Along
Azure is collapsing
Why We Post Statistics About the Usage of Operating Systems Worldwide
We're hoping to see GNU/Linux at over 10% (on desktops/laptops) some time in the coming years
Winning Defamation Cases is Incredibly Difficult (for Plaintiffs), Even in the United States and the United Kingdom
SLAPP should always backfire
In Kuwait, Microsoft's Windows Fell From 97% to Just 15%
According to statCounter
GNU/Linux in Philippines Climbs to New Levels
This is an all-time high
Links 11/06/2024: Windows Outcry and Climate News
Links for the day
Tux Machines Was Always a Women-Run Site (the Real Voices of GNU/Linux, Not Political Props in Corporate Events)
Corporate "diversity" is more of a marketing/PR gimmick than real, genuine diversity
Macao: GNU/Linux Desktop/Laptop Operating System Market Share Rising Close to 7%
GNU/Linux Rises to Record High in Macao
FSF is Now 50% Female, Unlike Red Hat (Which Moaned About Lack of "Diversity" at FSF)
Isn't the hypocrisy just astounding?
Since COVID-19 Lockdowns Windows Fell From Almost 50% to Just 10% in Loas
According to statCounter
[Meme] Quantity Says Nothing About Worth, Value, or Quality
People will generally gravitate towards things of quality and reputation
Microsoft's Windows in Gabon: From 20% 'Market Share' Down to Around 10% in a Few Months
Gabon is not a small country
Meanwhile at canonical.com
Canonical knows exactly what Ubuntu users want
[Meme] Microsoft (and the NSA) Will Never Forget
The user trying to permanently disable 'recall'
Windows Falls Below 20% in United Arab Emirates This Month
According to statCounter
"Windows 11's Recall AI, known to take snapshots and recordings of user computers regularly, including key presses, was discovered to store all its information in an unencrypted local folder."
"You can copy the data from another user's "recall" folder as another user."
Fedora Week of Diversity (FWD) 2024 Outsourced to Proprietary Spyware of GAFAM
Need to use proprietary software to participate
IRC Proceedings: Monday, June 10, 2024
IRC logs for Monday, June 10, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Meme] Clown Computing is Better For...
Clown: they said clown computing enhances security
One in a Thousand Voters Chose to Vote Daniel Pocock (as First Preference)
He got about 4 times more votes than what had him win FSFE elections
Daniel Pocock on Good Performance in His EU Election Campaign: Thanking the voters of Midlands-North-West, Ireland
Reprinted with permission from Daniel Pocock
The 'IT Industry' is Already in Ruins
The "powers that be" do not want the "hoi polloi" to possess skills and systems
Microsoft's Windows is Sliding Away Into Minority Platform Territories, Even in Rich Countries With Affluent Computer Users
We seem to be striking a nerve at Microsoft every time we say this
Self-Hosting Should be Taught and Embraced, Outsourcing Creates More Problems (or Risks) Than It Solves
One can control one's destiny...