Tag: Copyright

  • The Week in Review: February 18 -22

    The Week in Review: February 18 -22

    The president to refer the state budget bill to the Constitutional Court


    President Klaus Iohannis has decided to refer the budget bill for 2019 to the Constitutional Court before signing it into law. He says the bill drawn up by the ruling coalition formed by the Social Democratic Party and the Alliance of Liberals and Democrats is a threat to the Romanian economy and that it appears that some of its provisions are unconstitutional, preventing Romania from fulfilling its commitments before the European Union. He also says the budget is unrealistic, overvalued and delayed considering it should have reached Parliament by 15th November last year. According to the president, it is ridiculous to characterise the 2019 budget as investment-orientated in the words of prime minister Viorica Dancila, when the figures in the bill itself point to what can more accurately be described as an austerity budget with subsistence financing, zero investments in some areas, the need for reorganisation and even redundancies owing to the lack of funds for current expenses. The president has accused the government of not having money for investments but allocating large sums for political parties, mainly the Social Democratic Party, the senior partner in the ruling coalition. In response, the speaker of the Senate and leader of the Alliance of Liberals and Democrats has said the presidents gesture is inopportune.




    New changes in the judiciary and reactions from Brussels


    The Government in Bucharest this week issued an emergency decree to bring new changes to the justice laws referring, among other things, to the appointment of top level prosecutors and even the responsibilities of the head of the investigation department. Toader explained that these positions can also be occupied by prosecutors who have not worked as judges, and the people currently delegated to occupy them can only do so for a period of 45 days. The National Anticorruption Directorate says there is no extraordinary situation to justify issuing an emergency order to adopt provisions referring to the dismissal of magistrates or changing the organisation of the prosecutors offices. The DIICOT anti-mafia prosecutors have also criticised the decree saying the changes run counter to the constitutional architecture and place the public ministry in a position in which it will be impossible for it to carry out its specific responsibilities. The Superior Council of Magistrates through its department for prosecutors has warned that the changes made by the government to the justice laws will seriously affect the activity of the prosecutors offices. The European Commission has also reacted. Spokesperson Margaritis Schinas said the community executive is monitoring with great concern the latest developments concerning the rule of law in Romania, both with respect to the content and the procedure of the latest changes, through the use of emergency decrees and without any prior consultations with the representatives of the judiciary and stakeholders. These changes, the Commission official went on to say, seem to run counter to the recommendations made under the Cooperation and Verification Mechanism, backed by all member states. The main opposition parties, the National Liberal Party and the Save Romania Union, have tabled a simple motion in the field of justice, in the Chamber of Deputies. The changes have been criticised by the Romanian President. The magistrates took to the street in large numbers, to protest against the changes which, they say, deeply affect the independence of the judiciary.



    New ministers in Romania


    President Klaus Iohannis on Thursday signed the decrees appointing Vasile-Daniel Suciu as Deputy Prime Minister and Minister for Regional Development and Public Administration and Alexandru-Răzvan Cuc as Transport Minister. Prime Minister Viorica Dăncilă has said she made those nominations to put an end to a deadlock, which hindered the proper activity of the government, the more so as the interim period at the two ministries has expired. “Regional Development and Transports are two key domains, for which we have provided the necessary sums of money in the state budget law, to be able to make the investments Romania needs. The ministers with full responsibilities in carrying out their prerogatives should coordinate themselves for a better implementation of investment projects, the Prime Minister has also added. Olguta Vasilescu and Mircea Drăghici had earlier been nominated at the two ministries. They have been however rejected several times by President Klaus Iohannis and in the end they decided to withdraw their candidacies.



    Meeting of the EU trade ministers in Bucharest


    The EU Commissioner for Trade, Cecilia Malmström and the director general of the World Trade Organisation, Roberto Azevędo, attended the informal meeting of the EU Trade Ministers, held in Bucharest earlier this week, under the auspices of the Romanian presidency of the Council of the European Union. Talks focused on the modernisation process of the World Trade Organisation and on trade relations between the EU and the US. Also this week, the EU member states validated, during the meeting of the Permanent Representatives Committee, the political agreement secured by Romania and the European Parliament on the Copyright Directive in the Digital Single Market. The directive offers correct payment to copyright holders and takes into account private users interests. The directive will have a positive impact on a large category of actors, such as press publishers, cultural institutions, education institutions, artists, performers and professionals in the field of culture.




    (translated by: Diana Vijeu, Cristina Mateescu)

  • Agreement on the EU Copyright Directive

    Agreement on the EU Copyright Directive

    EU member states validated on Wednesday a political deal on the reform of copyright rules obtained with the European Parliament by Romania, the country holding the presidency of the Council of the European Union. This is a new important step in the adoption of the Directive on Copyright in the Digital Single Market, a piece of legislation that is currently one of the most difficult dossiers at a European level.



    The Romanian culture minister Valer-Daniel Breaz explains: “The talks on the need of such a directive started from the discontent of those who produce music, film, theatre, etc, who were unable at some point to benefit from remuneration, from fair copyright for their work. It wasn’t easy.”



    The directive will have a major impact on both creators, whose rights must be fully respected, and European citizens, who must profit from the benefits of the digital single market, minister Breaz has pointed out: “I could say that European citizens will have access to a richer offer of online cultural content and educational material, as well as reliable and quality news. The directive will have a positive impact on a wide category of actors, such as press publishers, cultural institutions, educational bodies, artists, performers, creators and professionals in the field of culture.”



    The draft directive covers a wide range of issues, which can be split into three categories. One deals with the adaptation of copyright exceptions to the digital and cross-border environments. A second category refers to improving practices for granting licences to ensure wider access to content. In this sense, the directive provides for norms that facilitate the exploitation of works that have ceased to be commercialised, the issuing of collective licences with expanded effects and obtaining rights for films through on demand video platforms.



    A third category introduces a new concept for press publishers with regard to the digital use of their press publications. The authors of the works included in the publications in question will be entitled to a share in the income obtained by press publishers resulting from this new right. The directive also clarifies the legal framework for the video-sharing platforms. The latter will, in principle, have to obtain a licence for the copyright-protected works uploaded by users, with the exception of certain conditions stipulated by the directive.



    For the agreement to come into force, it has to be voted on in the European Parliament’s Committee on Legal Affairs (JURI) and in the plenary session of the European Parliament and then adopted by the Council of the European Union. (Translated by C. Mateescu)

  • February 20, 2019 UPDATE

    February 20, 2019 UPDATE

    Rule of law — The European Commission is following with great concern the latest developments related to the rule of law in Romania, said Wednesday Margaritis Schinas, the EC spokesperson. Both the content and the procedure used for the latest changes, namely an emergency decree, without consultations with the justice representatives and those directly interested, run counter to the recommendations made by the EC as part of the Mechanism for Cooperation and Verification, which is supported by all member states. Consequently the EC will ask the Romanian government to provide explanations related to the latest modifications. The EC spokesperson reminded that the Commission’s November report urged Romania to implement a solid and independent system for the appointment of high-ranking prosecutors, based on clear and transparent criteria and supported by the Venice Commission. The EU also called on Bucharest to revise the justice law by taking into account the recommendations made as part of the MCV and by the Venice Commission and GRECO. Mr. Schinas also said that Romania should urgently bring the reform process back on track and should abstain from taking any measure that cancels the progress reported over the past years.



    EU Copyright Directive — The EU member states on Wednesday validated, at the Committee of the Permanent Representatives COREPER meeting, the political agreement reached by Romania, in its capacity as president of the Council of the EU, with the European Parliament over the copyright reform. According to a communiqué posted on the website of the Romanian presidency of the Council of the EU, this is a further, important step towards passing the Directive on Copyright in the Digital Single Market, a law that is currently one of the most difficult files under discussion at European level. The balanced provisions of the Directive stipulate a correct pay of copyright holders and also take into account the interests of private users, the Romanian culture minister Daniel Breaz explained for Radio Romania News and Current Affairs. According to him, the European citizens will have access to a richer offer of online cultural content and educational materials as well as to trustworthy and quality news. The directive will have a positive impact on a large category of actors, for instance, press publishers, cultural institutions, education institutions, artists, performers, creators and professionals from the cultural field.



    Tennis — World no. 2 player, Romanian Simona Halep, on Wednesday qualified to the quarter finals of the WTA tournament in Dubai, the United Arab Emirates. Halep defeated the Ukrainian Lesia Ţurenko (23 WTA) 6-3, 7-5 in the eighth finals. Halep, 3rd seed in the Dubai tournament, on Tuesday defeated Canadian Eugenie Bouchard 7-6, 6-4. Also on Wednesday the pair made up of Romanian Irina Bara and Slovenian Dalila Jakupovic was eliminated in the doubles’ eighth finals, 6-4, 6-4, by the 8th-seeded pair Anna-Lena Groenefeld (Germany)/Demi Schuurs (the Netehrlands).



    Flu — 147 people have so far died from the flu in Romania since the start of the cold season, show latest data provided by the National Centre for the Monitoring and Control of Transmittable Diseases within the National Public Health Institute. The victims were suffering from other diseases and had not been vaccinated against the flu. Romania is currently in the grips of a flu epidemic. (news update by L. Simion)