MEP Alvaro (ALDE): Barroso Decision an Insult against European Parliament

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The European Commission's decision to reject the European Parliament's request for a renewed referral of a disputed Software Directive has created anger at the Brusssels Members of the European Parliament. Alexander ALVARO, FDP (ALDE) MEP, harshly critizied the EU commission president Barroso. "Barroso's decision is an affront to the European Parliament", the liberal warned.

After the first attempt to pass the Directive on the Patentability of "computer-implemented inventions" had failed shortly before Christmas, the European Parliament's Legal Affairs Committee had recommended a a restart. The Parliament took into account many critical voices bemoaning the legal laxness of the proposed text. For example, the directive proposed that the "technical contribution" of a software ought to be "new". The text did not define clearly what this was meant to be in practice. However the commission chose the Parliament's recommendation. Instead, Barroso wants to reuse the initial directive proposal and formalise it as soon as possible.

The FDP (ALDE) Member of Parliament Alexander Alvaro, ALDE representative in the Legal Affairs Committee, harshly criticized Barroso's step. "The European Parliament has sound reasons to request a renewed referral." Salient points of the directive had not been clarified, the liberal said. The proposed directive would induce legal uncertainty.

"The framework of a new first reading would have enabled us to make substantial changes. The directive did not yet answer, how to avoid so-called "trivial patents" or "outliers". Moreover, no metric for the "technicality" of a patentable program invention was given. "Barroso knows the directive's shortcomings, the mood in Council and Parliament - hardly imaginable he does not hear the signal."

Comment (Holger Blasum): Alvaro's voice is important. Not only has he shaped ALDE's JURI position but he also as rapporteur on the telecommunication data retention proposal he is figthing for appropriate Parliament access to the legislative procedure.