Fight IPRED 2 effectively How To

Why you should fight IPRED 2

With this directive decent people can be treated as organised criminals.

See the [http://www.ipred.org/MainPage#preview introduction], the [http://www.ipred.org/analysis analysis], the [http://wiki.ffii.org/Ipred2060510En FFII analysis], [http://www.edri.org/edrigram/number4.9/ipcriminal EDRI] and [http://www.fsfeurope.org/projects/ipred2/ipred2.en.html FSF Europe].

Fight the directive

Spread the word

Get out the word that with this directive decent people can be treated as organised criminals.

Pawn in a power struggle

To effectively fight the directive, it is important to understand it is a pawn in a power struggle. It is the first time the European Community makes a directive without the member states having a veto. A recent European Court of Justice judgment (C-176/03) opened this possibility. In this case 11 of the then 15 member states supported the Council point of view that the Community can not make criminal measures directives without the member states having a veto. They lost. Needless to say, the Commission and European Parliament like this, the Council and member states don't.

National parliaments

The first time the Commission uses its competence, it does so in a bold way. The Dutch Parliament unanimously concluded the [http://wiki.ffii.org/IpredNlParl060629En Commission exceeds it competence] with this directive. The Parliament sent a letter to commissionar Frattini, and informed all national parliaments in the Union to rally support for its position. [http://europapoort.eerstekamer.nl/9310000/1/j9tvgajcovz8izf_j9vvgbwoimqf9iv/vg7slw5im1tl?key=vhc0fvdga1qw English] version, [http://europapoort.eerstekamer.nl/9310000/1/j9tvgajcovz8izf_j9vvgbwoimqf9iv/vg7slw5im1tl?key=vhc0fy66g2qw French] version

In our opinion, the competence question has to be explored fully. The Council and member states should take this directive to the European Court of Justice.

If you are living in the EU, inform the members of your parliament about this. Ask for their position.

Departments of Foreign Affairs

You can ask you minister of Foreign Affairs on his or her position. See below for a letter you may like to send.

European Parliament

In the European Parliament on the other hand, many arguments may fall on deaf ears. Many may like to make a directive with criminal measures finally now. Yet, treating decent people as organised criminals may go to far.

The present proposal for the directive runs a pretty high chance to die in the hands of the European Court of Justice, it is just too outrageous. The European Parliament may realise that applying the subsidiarity principles very strictly may make the chance the directive survives a European Court of Justice case bigger.