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Korff, Douwe and Brown, Ian (2011) Opinion on the compatibility of the Anti-Counterfeiting Trade Agreement (ACTA) with the European Convention on Human Rights & the EU Charter of Fundamental Rights. Technical Report. The Greens / European Free Aliiance in the European Parliament.
This Opinion was prepared at the request of the Greens/European Free Alliance group in the European Parliament. It follows a request to find out “if the final Version of ACTA and its foreseen legislative procedure is in line with the Treaties of the European Union and which legal possibilities there are for the European Parliament to challenge this in front of the European Court of Justice.” It seeks to provide part of the answer to that question (only), in that incompatibility of ACTA with the European Convention on Human Rights and/or the EU Charter of Fundamental Rights would make adoption and implementation of the Agreement illegal under EU law. The Opinion sets out the views of the authors that there is indeed such an incompatibility, with the underlying arguments.
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