Quo Vadis Europe?: Patent Law as an Example

Abstract

The main goal of this article is to analyse the decision-making process of the European Union by means of a new European patent system, the so-called "unitary patent", which has been approved in Europe, despite the opposition of two EU member states: Spain and Italy. The approval process of such system by means of the so-called mechanism of "enhanced cooperation", which makes it possible to make decisions without unanimity, is a clear example of the neoliberalism spirit and the lack of democracy of the current EU. From this particular case, the aim of the present article is to analyse the current situation of Europe through the voices of two important philosophers: Jürgen Habermas and Michel Foucault. Their ideas will serve the purpose of describing and analyzing the present and future of the EU and the impact of the current financial crisis on the EU.