[Ws2-jurisdiction] Agenda for Meeting #4

[Schweighofer Erich]

Kavouss,
The start is not so difficult: it is mostly an analysis of content in the various headquarters agreements and NGO acts, with the addition of special requirements of ICANN concerning accountability: The hard core similar to the gap analysis, but broader and with some escape clause (the “Solange” part). This weekend, I studied a bit the Austrian rules in detail, others will follow.
Best, Erich

Von: Arasteh [mailto:kavouss.arasteh at gmail.com]
Gesendet: Montag, 26. September 2016 20:42
An: Mueller, Milton L
Cc: Schweighofer Erich; Greg Shatan; ws2-jurisdiction at icann.org
Betreff: Re: [Ws2-jurisdiction] Agenda for Meeting #4

Dear Erich,
The problem is to establish the solange conditions .
I do not know how EU respond to that.
It is easy to put nice words together but difficult to implement that.
I do not share your views that X jurisdiction is or is not the best
Regards
Kavouss

Sent from my iPhone

On 23 Sep 2016, at 22:27, Mueller, Milton L <milton at gatech.edu<mailto:milton at gatech.edu>> wrote:
And with this, can we say “so long” to the solange discussion?

--MM

From: ws2-jurisdiction-bounces at icann.org<mailto:ws2-jurisdiction-bounces at icann.org> [mailto:ws2-jurisdiction-bounces at icann.org] On Behalf Of Schweighofer Erich
Sent: Friday, September 23, 2016 1:07 AM
To: Greg Shatan <gregshatanipc at gmail.com<mailto:gregshatanipc at gmail.com>>; ws2-jurisdiction at icann.org<mailto:ws2-jurisdiction at icann.org>
Subject: Re: [Ws2-jurisdiction] Agenda for Meeting #4

As announced, the statement concerning “Solange jurisdiction”:
In the ICANN context, it would mean that principles for a favourable jurisdiction are defined and “so long as” (German solange) these conditions are fulfilled, no change of jurisdiction is required.
As we know, at present the U.S. / California is the best jurisdiction because the legal rules support and allow to enforce the complex accountability regime. However, alternative options should be assessed, at present from an academic point of view. I do not see indicators that the U.S. would change its jurisdiction practice concerning ICANN.

For those what to know more: In the Solange judgements, the German Constitutional Court held that so long as (German<https://en.wikipedia.org/wiki/German_language>: solange) EU law had a level of protection of fundamental rights substantially in concurrence with the protection required by the German constitution, the Court would no longer review specific EU acts.

Best, Erich

Von: ws2-jurisdiction-bounces at icann.org<mailto:ws2-jurisdiction-bounces at icann.org> [mailto:ws2-jurisdiction-bounces at icann.org] Im Auftrag von Greg Shatan
Gesendet: Mittwoch, 21. September 2016 05:30
An: ws2-jurisdiction at icann.org<mailto:ws2-jurisdiction at icann.org>
Betreff: [Ws2-jurisdiction] Agenda for Meeting #4

All,

The agenda for meeting #4 is attached.  We look forward to the call.

Greg & Vinay
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