[Ws2-jurisdiction] Agenda for Meeting #4

[Mueller, Milton L]

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] On Behalf Of Schweighofer Erich
Sent: Friday, September 23, 2016 1:07 AM
To: Greg Shatan <gregshatanipc at gmail.com>; 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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