Local view for "http://purl.org/linkedpolitics/eu/plenary/2009-05-05-Speech-2-052"
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"en.20090505.3.2-052"2
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"−
Madam President, thank you very much, Commissioner, for your statement, which sheds very positive light on the debate that has just taken place, and I thank all those fellow Members who took part.
I would like to say that our Parliament, in voting in favour of this compromise on the telecoms package, will be indicating a clear choice: that of a regulated market, and not of unregulated competition. It is evidence also of a strategy, a useful strategy of development in a context of crisis and which prepares European society for the digital age. This vote will also make it possible to ensure a balance between the rights of States and the competences of the Commission, between the old operators and the new entrants, thanks to the non-discrimination clauses, but it will also signify that progress is being made by the European Parliament itself, in the exercise of its codecision powers, particularly in the matter of spectrum policy allocation, which is considered a public good, and in the support it expresses, once again, for broadcasters and services.
Many fellow Members spoke about the issue of the Internet as a public space which, as such, requires freedom and security, and I agree with them. Consequently a link has been made between Internet accessibility and the fundamental rights of citizens, for the first time in a directive, with the new version of Amendment 46.
Indeed, the expression ‘measures taken’ acts in a way as a missing link between any measures taken concerning electronic communications networks, whether it be terminating access or filtering, and the fundamental rights of users. With regard to the doubts expressed by my fellow Members about the rapporteur’s willingness to defend the right to a court judgment before cutting off access, I must say that the expression ‘independent and impartial court’ is an expression that guarantees Internet users the right to such a judgment.
Proving that Hadopi would be an independent and impartial court would mean imposing on this high authority all the obligations that a judge has to respect: the right of defence, a trial in which both parties are heard, and publicity. Obviously this would cause a system which relies, as the French law arguably does, on the computerisation and massification of accusations and penalties, to implode. Therefore, I call on the European Commission to take the greatest care when transposing this telecoms package.
When a fundamental principle is enshrined in a Community text that is the subject of a compromise between the Council and the European Parliament as colegislators, it must be transposed properly into national laws.
I would like to conclude, ladies and gentlemen, by saying that I am delighted by the prospect of a wide, multi-partnership-style public consultation, which will allow us to follow up on our hard work, in the framework of a compromise that respects the law set out in Amendment 46 and makes it applicable."@en1
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