Bundestag publishes details of AfD’s motion to repeal UPC laws


As reported here, the Bundestag (German parliament) will debate later today the motion by the AfD (Alternative für Deutschland, Alternative for Germany) political party calling for the repeal of legislation enabling Germany to participate in the Unified Patent Court (UPC) and unitary patent system.  The motion and the reasoning behind it has now been published: 19/1180.  The motion calls on the Federal Government to repeal two acts (one enabling Germany to ratify the UPC Agreement and the other amending national law to implement the unitary patent system) and to inform the Federal Constitutional Court (BVerfG).  The reasoning claims that the legislation is unconstitutional because, in summary: (i) when approved unanimously by the Bundestag only 35 (of 630) legal members were present whereas a two thirds majority was required, and (ii) the judges of the UPC will lack independence (due, for example, to the procedure for selection and appointment and also a short – 6 year- term of office).   As stated in the reasoning, these are the same as two of the grounds of Dr Stjerna’s constitutional complaint in the BVerfG (see here), which is preventing the promulgation of the two laws.

The debate is listed as the final item on today’s agenda.

Richard Pinckney


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