The disciplinary case against Elisabeth Hardon should not let us forget that the disciplinary case which keeps the Federal constitutional court (Bundesverfassungsgericht) busy at present is about a DG3 member. Are there any news about him? Not really. He is still officially supposed to work at the Hague in a room without a phone number.
Even more puzzling: there were several DG3 members reappointed in the last Council session and new posts were created as well, yet he is still not reintegrated. Märpel thinks he is probably the only DG3 member which did not see his contract renewed.
The Federal constitutional court shall therefore have little choice but notice that DG3 members can be removed at will and therefore are not independent. This will have consequences for the implementation of the UPC, obviously.
How can this situation be changed?
Märpel notes that the Federal constitutional court is not in a position to issue recommendations to the Office. Their decision will be all or nothing and will have consequences. Common sense would thus have that improvements to the EPO governance should be implemented before a decision is issued. Yet, the opposite will be proposed to the next council meeting: the disciplinary powers of the President will be extended to the vice-presidents. Contracts shall be automatically renewable (unless the President decides otherwise), thereby depriving the Council of their input.
In simple words: President Campinos seeks to increase its power even beyond what "sun-king" President Battistelli had.
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