Bonum Certa Men Certa

When EPO Does Not Control and Coerce the Judges — Part IV — No End in Sight for a System of “Institutionalised Injustice”?

Series parts:

  1. When EPO Does Not Control and Coerce the Judges — Part I — ILOAT 134th Session: Two More Bittersweet Victories for EPO Staff
  2. When EPO Does Not Control and Coerce the Judges — Part II — ILOAT Judgment No. 4550
  3. When EPO Does Not Control and Coerce the Judges — Part III — ILOAT Judgment No. 4551
  4. YOU ARE HERE ☞ No End in Sight for a System of “Institutionalised Injustice”?


Tyranny quote
What would Baron Montesquieu have made of the EPO’s dysfunctional legal system and its abject failure to protect the fundamental rights of staff, leaving them without any effective defence against the tyranny of managerial despots like Battistelli and Topić?



Summary: The EPO's management continues to operate in violation of the law with impunity, knowing it can take a decade for any sort of independent ruling to be issued and even then nobody will be held accountable

At the ILOAT, the wheels of justice continue grinding slowly through the toxic legacy of the Benoît Battistelli era.



In doing so, they are gradually adding new material to an already impressive collection of cases exposing the appalling "legal no-man’s land" which existed at the organisation during that time.

"Instead of making a credible effort to recommend proper and equitable redress for the complainants, Mahoney and his kangaroo committee simply rubber-stamped the impugned measures."Following the 134th session, it has now been confirmed by means of two more judicial rulings that Battistelli and his minions were guilty of a series of further egregious breaches of the fundamental rights of EPO staff, in particular the right to freedom of association.

Due to the disgraceful inaction of Battistelli’s successor, António Campinos, and the chronic dysfunctionality of the EPO’s internal justice system, these breaches were permitted to persist for the best part of a decade before the victims could obtain a final judicial decision striking down the impugned measures.

António Campinos and Željko Topić
Due to the disgraceful inaction of António Campinos (l.), and the chronic dysfunctionality of the EPO’s internal justice system, breaches of fundamental rights perpetrated by Battistelli and his minions, including Željko Topić (r.), were permitted to persist for the best part of a decade before the victims could obtain any kind of redress before the ILOAT.



It’s important to note that despite the manifestly unlawful and tyrannical character of the measures quashed by the ILOAT in Judgments nos. 4550 and 4551, these very same measures were previously given a clean bill of legal health by the EPO’s Internal Appeals Committee (IAC) under the stewardship of Sir Paul Mahoney, a former Judge at the European Court of Human Rights.

Sir Paul Mahoney Sir Paul Mahoney, former Judge at the European Court of Human Rights, whose appeals committee was responsible for upholding a significant number of unlawful measures subsequently quashed by the ILOAT.



Instead of making a credible effort to recommend proper and equitable redress for the complainants, Mahoney and his kangaroo committee simply rubber-stamped the impugned measures.

The only discernible effect of the IAC’s contribution to the affair was to add a further layer of delay to the procedure thereby obstructing the wholly legitimate attempts of EPO staff to obtain justice in a timely manner.

In the case of Judgment No. 4550, Michael Lund had to wait over eight years to obtain a ruling at the ILOAT which established that the premature termination of his IAC appointment had been unlawful.

Likewise, in the case of Judgment 4551, Laurent Prunier and his co-litigants had to wait over nine years before the totalitarian censorship imposed by Battistelli and his "bulldog" Topić in June 2013 was finally declared unlawful. During this time, one of the three complainants passed away and the complaint was pursued on her behalf by a designated successor.

"The only discernible effect of the IAC’s contribution to the affair was to add a further layer of delay to the procedure thereby obstructing the wholly legitimate attempts of EPO staff to obtain justice in a timely manner."By a curious twist of fate, Judgment No. 4550 has potentially far-reaching implications for the EPO’s notoriously dysfunctional internal justice system.

The findings of the Tribunal in this case imply that ever since 1 April 2014, the composition of the EPO’s IAC has been inherently irregular due to the unlawful restriction imposed on the CSC’s powers to nominate members by means of CA/D 2/14 (Battistelli’s so-called "Social Democracy").

In the words of the Tribunal, this unlawful restriction "substantially undermined, in various respects, the quality of the effective representation of staff on that body [i.e., the IAC]".

The inescapable legal consequence of ILOAT Judgment no. 4550 is that every opinion issued by the EPO’s IAC since 1 April 2014 is fatally vitiated by the irregular composition of the body which issued it.

Under normal circumstances such a dysfunctional state of affairs in the governance of a public body would qualify as a major scandal. But this is the EPO we are talking about here so don’t hold your breath waiting for the "captured media" to report on it.

Notwithstanding the media silence, there can be little doubt that Judgments Nos. 4550 and 4551 represent significant interim legal victories for EPO staff.

However, at the same time it is abundantly clear that the quality of "justice" delivered by the ILOAT leaves a lot to be desired.

"Notwithstanding the media silence, there can be little doubt that Judgments Nos. 4550 and 4551 represent significant interim legal victories for EPO staff."The derisory level of moral damages awarded by the Tribunal for what amount to serious breaches of the fundamental rights of staff means that such judgments cannot realistically be expected to have any deterrent effect on the EPO’s managerial and governing circles.

The Tribunal’s extraordinary leniency towards the EPO when it comes to imposing financial sanctions is difficult to justify.

This kind of unwarranted "kid-glove treatment" signals to the powers-that-be at the EPO that they need have no fear of any real consequences should they persist in their errant ways.

Ultimately, it is to be feared that the net effect will be to bolster the arrogance and complacency of Campinos and his minions during his second term of office.

After all, if Campinos feels inclined to continue trampling on the fundamental rights of EPO staff in the manner of his predecessor, he can do so in confidence that any alleged breaches will only be sanctioned by the ILOAT - if at all - long after he has departed.

"Ultimately, it is to be feared that the net effect will be to bolster the arrogance and complacency of Campinos and his minions during his second term of office."And even then, the costs to the EPO will be negligible. Financial sanctions at the level of a several hundred Euros are quite literally "peanuts" to an organisation which boasts of an annual budget of € 2.4 billion. (warning: epo.org link)

Under these circumstances, it’s clear that the system of redress available to EPO staff fails to provide timely and effective protection of their fundamental rights and that, consequently, it is not fit for purpose.

Unfortunately, in the absence of any discernible political will to rectify this situation, it looks like EPO staff are stuck with their intolerable system of "institutionalised injustice" for the foreseeable future.

Recent Techrights' Posts

A Free Software Foundation (FSF) Led by Dr. Richard Stallman Can Still Raise a Lot of Money
Give people more time (e.g. until end of January) and maybe hit the target
Good Gains for Android for GNU/Linux in New Zealand This Year
Notice that GNU/Linux rose to its highest point (this month)
2024 a Record Year for Android (Almost 50% "Market Share"), Which is Now Bigger in Europe Than Microsoft Windows
a look at Europe
Wishing for a Wikileaks Renaissance in 2025
as a site that facilitates whistleblowers, hosting large leaks
[Meme] Getting Banned From Social Control Media 2 Days or Two Weeks Before Leaving Office
Seems like interference using dinners with an insurrectionist
Jimmy Carter on Globalisation of "Tech"
Carter's legacy in the area of science (and technology)
The True Importance of Diversification
Monopoly or monoculture breed fragility
This New Talk Helps Explain Why Crimes at the European Patent Office (EPO) and Patent Policy Deficits Remain Unaddressed by the European Commission
Corporations write and enforce the law
Enshittification is Everywhere
Computer Science has been reduced to just "computer" (spyphone)
Move to GNU/Linux and Save the Planet, CCC Talk Explains
video of the talk
The Free Software Foundation (FSF) Tells Us All to "Keep Putting Pressure on Microsoft"
"Grassroots organization against a corporation as large as Microsoft is never easy"
 
Links 30/12/2024: Fentanylware (TikTok) Concerns and Aftermath of Cut Cables
Links for the day
Is Microsoft's Plundering of Africa Coming to an End?
Microsoft had many layoffs in Africa this year
Microsoft Windows Down From 23% to 20% This Year in Asia (Android Up From 54% to Almost 60%)
Less and less of Windows, more of the Linux-powered Android
15 Years Ago Mozilla Firefox Had Over 50% of the Slovakian Market, Now Google's Chrome Has Over 70%
Peaked at 72.4% earlier this year
Remembering When Photography Meant Realistic Captures of Reality, Not "Hey Hi" (AI) and 'Instagrammed' (Filtered, Manipulated)
Fake pictures predate the "hey hi" hype; Instagram in particular was full of these
Apple's Main Stronghold (North America) at Risk From GNU/Linux
Apple had several rounds of layoffs in the US this year
statCounter: Microsoft Windows Down a Percent This Year in South America, GNU/Linux Up to 3.2%
Microsoft down, freedom up
The Threat of Googlebombing and LLMs
There are many Carters, but search engines and LLMs lack the "logic" (or common sense) to tell the difference
Social Control Media (Not Just TikTok) is a "Modern Challenge" to Democracy
Society is worse off with Social Control Networks
IBM's Bad Leadership is a Threat to GNU/Linux
We worry that since Red Hat controls so much of the GNU/Linux stack difficulties at IBM will result in divestment
Putting Some Eggs in the Geminispace Basket
Do not bet on the future of the Web
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 29, 2024
IRC logs for Sunday, December 29, 2024
Gemini Links 30/12/2024: Countdown to New Year, Tinylogging, and LLM Hype
Links for the day
Incredible! Beta'News' Now Runs Ads as 'Articles' About 'Hey Hi' (AI), Written by LLMs
Does it get any more rogue than this?
Our Most Relaxing Christmas Ever?
this Christmas was our most calm every (in recent memory at least)
Bad Year for Microsoft in India (and Another All-Time Low, Windows at 12% "Market Share")
Microsoft is the next Intel
Keeping Online Even During Wars
the Internet is still quite robust
Fascistic Regimes and Their Justices Will Leverage Social Control Networks to Their Advantage (Power Grab), They Won't Protect Constituents From Them
"controlling the voices and all the narratives, including the press because they too buy into the lies that it is a communications medium"
New Year's Resolution for Techrights: No More Very Short Posts
If we publish memes, as above, then we'll try to at least contextualise them somewhat
Links 29/12/2024: Phytium Sells Chinese CPUs and Landing Gear Malfunction Crashes Plane in Korea
Links for the day
Links 29/12/2024: Facebook Wants More Bots and Slop, Whistleblowers and Bloggers Under Attack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 28, 2024
IRC logs for Saturday, December 28, 2024
Gemini Links 29/12/2024: Supernatural Mystery and Mechanical People
Links for the day
Links 28/12/2024: Standards Emphasised, Putin Implicitly Admits Taking Down Passenger Plane
Links for the day
Links 28/12/2024: BRICS-Controlled Social Control Media Defended by GOP, "Paper Passport Is Dying"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 27, 2024
IRC logs for Friday, December 27, 2024
Links 28/12/2024: Having Bosses, Ada's Dependent Types
Links for the day