The Parliament is locked in a power struggle with the Council of
Ministers and the European Commission over its demands that a
telecoms reform package safeguard the rights of internet users to a
hearing before disconnection.
The Commission and Council want their Telecoms Packaged passed
but by rejecting Parliament's amendment have had to block the whole
scheme. The parties will enter formal conciliation on 4th November
and must have a compromise deal to put to their members by 30th
December.
The Parliament has dropped the controversial Amendment 138,
though, and has adopted a new preferred text because of legal
problems with the original, according to a Parliament source.
"The Parliament has had legal advice from its own legal service
that Amendment 138 was not legally admissible," said the source.
"It was told that it went beyond Community competency."
Rights owners and some countries, such as France and the UK,
want to be able to disconnect the internet connections used by
alleged file sharers. The Parliament's Amendment said that users
could not be disconnected "without a prior ruling by the judicial
authorities".
"This is internal market legislation and you can't tell member
states how to organise their judicial systems, it is beyond
Community competence," said the source. "So the MEPs are trying to
find a way to keep the content in a way that is legally
feasible."
The Parliament will approach the conciliation process with a new
proposed clause that it hopes will achieve the same ends and stay
on the right side of EU Community law.
"Any such measures liable to restrict those fundamental rights
or freedoms may only be taken in exceptional circumstances ... and
shall be subject to adequate procedural safeguards in conformity
with the European Convention for the Protection of Human Rights …
including effective judicial protection and due process," it says
in part.
"The result should be that anyone who whose access might be cut
off should have access to due process, whether that is a court or a
tribunal or an administration," said the source. "It does not have
to be a judge but it should respect the rights guaranteed under the
European Convention on Human Rights."
Conciliation will involve the Council, Parliament and
Commission. If they reach agreement by 30th December they will have
to take the compromise text for approval by their respective
memberships by February. If agreement is not reached between the
three bodies the entire Telecoms Package will be scrapped and the
Commission will have to start the legislative process again, the
Parliament source said.
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