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A victory for European justice

by IdiotSavant Fri Jul 20th, 2018 at 12:38:49 AM EST

A week ago, a German court rejected the extradition of exiled Catalan President Carles Puigdemont on "rebellion" charges. He could be extradited for "misuse of public funds", but not for "rebellion" as there was no equivalent offence in German law (Germany requires actual or planned violence, not peaceful protest and democratic advocacy. The idea of a peaceful "rebellion" is nonsensical). And now, as expected, Spain is having a legal temper-tantrum and has withdrawn the European Arrest Warrants against all the exiled Catalan politicians:



A Spanish judge has dropped the international arrest warrants issued for the former Catalan president Carles Puigdemont and five other pro-sovereignty politicians over their roles in last year's illegal referendum and subsequent unilateral declaration of independence.

[...]

The dropping of the international warrant means Puigdemont and his former colleagues - currently in Belgium, Scotland and Switzerland - no longer face extradition proceedings. But domestic warrants remain in force, meaning the six will be arrested should they return to Spain.

In his ruling, published on Thursday, Llarena hit out at the court in Schleswig-Holstein, accusing it of "a lack of commitment" over acts that could have "broken Spain's constitutional order". The German court's refusal to extradite Puigdemont on the rebellion charge - which prosecutors had argued could be equated to "high treason" in the German penal code - meant the deposed president could not be tried for the offence if sent back to Spain.

That offence - again, for purely democratic actions taken and backed by the Catalan Parliament - is really all Spain wants to charge him with. The "misuse of public funds" charge is a smokescreen, and even the Spanish government says it didn't happen. But now Spain is being denied its show trial. No wonder they're upset.

Unfortunately, Spain is still holding nine Catalan political leaders as political prisoners on similar trumped-up charges. And they'll probably take out their anger on them.

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Franco is alive and well and running the government in Madrid.
by rifek on Fri Jul 20th, 2018 at 04:25:42 PM EST
Has Sanchez taking over from Rajoy made any difference?

Index of Frank's Diaries
by Frank Schnittger (mail Frankschnittger at hot male dotty communists) on Fri Jul 20th, 2018 at 11:06:47 PM EST
[ Parent ]
o, yes. You haven't heard?
Spain's Majority-Female Cabinet Embodies Women's Global Rise to PowerIt's a "thing" seeking a "movement". Keeps running into dread quota metrics and, yanno, status quo.

Diversity is the key to economic and political evolution.
by Cat on Sat Jul 21st, 2018 at 02:37:41 PM EST
[ Parent ]
On a lot of issues, undoubtedly it has.
On Catalan independence, it's a big ask, because it was the issue which prevented the current parliamentary majority from forming a government after the 2016 elections. Despite the nine ERC and eight PdeCAT MPs voting with the government bloc, there won't be any sudden moves to liberate people. There is the delicate matter of the independence of the justice system : they are political prisoners, sure, but releasing them can't be a political decision.

The Spanish supreme court's decision to withdraw the warrants illustrates that it is fiercely nationalistic. They could have extradited them on the lesser charge of misappropriating funds for the independence poll, but the extradition treaty would have forbidden trying them on the rebellion charge.
(And as IdiotSavant notes, they probably could have defended that charge successfully).
So they remain exiles.

But I imagine that relations between the central and provincial governments will be better, and more co-operative.

It is rightly acknowledged that people of faith have no monopoly of virtue - Queen Elizabeth II

by eurogreen on Mon Jul 23rd, 2018 at 02:44:41 PM EST
[ Parent ]
No, Franco has been resurrected by the Partido Popular, with the election of Casado. I think "formerly post-Franquist" is the best description of the PP.

It is rightly acknowledged that people of faith have no monopoly of virtue - Queen Elizabeth II
by eurogreen on Mon Jul 23rd, 2018 at 02:06:56 PM EST
[ Parent ]
Brits thrown post-Brexit EU citizenship lifeline by Commission
The Permanent EU citizenship initiative is the latest example of the participatory democracy instrument that allows citizens to suggest legal changes in any field where the Commission has power to propose legislation. It was introduced in the Lisbon Treaty.
[...]
In a press release on Wednesday, the Commission confirmed that "the registration of this initiative will take place on 23 July 2018, starting a one-year process of collection of signatures of support by its organisers".
What a poison pill!
< wipes tears >

archived
watch this space
"The British Supreme Court asked the European Court of Justice for help in interpreting EU law."
19 March Draft Highlights
"frontier workers"

Diversity is the key to economic and political evolution.

by Cat on Sat Jul 21st, 2018 at 04:00:16 PM EST
poison pill

Diversity is the key to economic and political evolution.
by Cat on Sat Jul 21st, 2018 at 04:02:34 PM EST
[ Parent ]
Which is to re-iterate, ES will not challenge --or appeal DE's high court's decision-- the ECJ either. Not any time soon. There is a bigger fish to fry, as Chief Justice John Marshall was overheard to say in the outhouse.

Lee el auto de Llarena para rechazar la entrega de Puigdemont solo por malversación

Pablo Llarena, magistrado del Tribunal Supremo, ha rechazado la entrega por parte de Alemania de Carles Puigdemont, expresidente catalán, solo por el delito de malversación y retira la euroorden dictada contra el expresidente catalán y el resto de los huidos.

annals of affirmed in part/reversed in part
Extradition for embezzlement, rebellion, or both?
funding a state function with treasury monies. hmmm.

Diversity is the key to economic and political evolution.

by Cat on Sat Jul 21st, 2018 at 04:45:10 PM EST
[ Parent ]
with any "luck," right? Wrong.

From the annals of the CA Cohort of Petty Landlords, a cantankerous UID once quipped, "It isn't luck, though. Probability isn't luck. Whether you will abuse it and to what degree depends on your culture. You can only abuse it with the collaboration of others who keep you in power. It helps if they are trained to kiss your ring and accept your doctrine on faith."

UK spies broke law for 15 years, but what can you do? shrugs judge

In a 113-paragraph judgment handed down today filled with assurances that he was "anxious to assist in achieving improvements" in spying practices, Sir Michael Burton, president of the IPT, found that for a decade and a half, the spy agencies were operating outside section 94 of the UK's 1984 Telecommunications Act.

In a previous judgment from last October, the IPT said the law-breaking period ended in March 2015. Today's judgment extends that period to October 2016, although the IPT said "no declaration [of unlawfulness] will be made, nor any further relief granted" to victims of this illegal surveillance.

Privacy International, the charity which first brought this case two years ago, lost its attempt to overturn an earlier ruling that legal oversight of GCHQ's bulk spying regime was fit for purpose. It also failed to have the agencies' dragnet surveillance practices declared incompatible with Article 8 of the EU Convention on Human Rights, which is a privacy right.

archived
EU-citizens, the commission needs our guidance!

Diversity is the key to economic and political evolution.

by Cat on Wed Jul 25th, 2018 at 04:22:57 AM EST
Top EU court rules new breeding tech counts as GMOs

Clever timing.

Diversity is the key to economic and political evolution.

by Cat on Wed Jul 25th, 2018 at 05:30:37 PM EST
Clever timing?

For Brexit and more freedom for the British?

Was a long time coming and is based on EU law from 2001. EU parliament needs to update law as the smaller seed companies doing great innovative work are disadvantaged. With ruling the large corporations like Monsanto are sustained. Judgement was widely expected.

Global Warming - distance between America and Europe is steadily increasing.

by Oui on Wed Jul 25th, 2018 at 05:43:59 PM EST
[ Parent ]
That was then.

The delivery of the opinion is now, in the midst of a "trade war" involving the UK and US. Both states object to labeling GMO and herbicide ingredients in any market. Because of the ruling, EU-member state may choose any number of "risk assessment" methods to control conditions of or prohibit inter- and intra-state marketing of these properties. The anticipated value of export trade in GMO, (neo)nicotinoid, and glysophate products is further discounted. The US Dept of Commerce has placed a (tentative) value on losses which I do not believe anticipated this ruling.

"Monsanto": Bayer will retire the brand name, ostensibly to re-position herbicide and seed products (IPR) that it acquired in a problematic, even hostile global market. Because of the ruling, EU-member state may choose any number of "risk assessment" methods to control conditions of or prohibit interstate marketing of these properties. The anticipated value of export trade in GMO, (neo)nicotinoid, and glysophate products is further discounted.

PRESS RELEASE The Court states, however, that it is apparent from the GMO Directive that it does not apply to organisms obtained by means of certain mutagenesis techniques, namely those which have conventionally been used in a number of applications and have a long safety record. The Court nevertheless specifies that the Member States are free to subject such organisms, in compliance with EU law (in particular the rules on the free movement of goods), to the obligations laid down by the GMO Directive or to other obligations. The fact that those organisms are excluded from the scope of the directive does not mean that the persons concerned may proceed freely with their deliberate release into the environment or with their placement on the market within the EU. The Member States are thus free to legislate in this area in compliance with EU law, in particular with the rules on the free movement of goods. [JUDGMENT]

Over all, EU-member citizens have received the ruling as a victory for "civil society". To my mind, the opinion propounds elements of authority sustaining free exercise of subsidarity in the EU (US-Eng., "home rule") applicable to future disputes within and among member states, namely Germany, Spain, and Cataluyna. The "arc of justice" is long, I've read.

Diversity is the key to economic and political evolution.

by Cat on Wed Jul 25th, 2018 at 11:26:55 PM EST
[ Parent ]
EU's top court confirms safety checks needed for new GM


Diversity is the key to economic and political evolution.
by Cat on Thu Jul 26th, 2018 at 02:32:49 AM EST
[ Parent ]
fallout in the air
[CA, USA] Jury Finds Monsanto Owes $289 Million in Roundup Cancer Trial
Monsanto to pay millions to cancer patient over Roundup weed killer
"On the basis of scientific conclusions, the views of worldwide regulatory authorities and the decades-long practical experience with glyphosate use Bayer is convinced that glyphosate is safe and does not cause cancer," read the statement.

The company, which was recently bought by German multinational Bayer for $62 billion, has argued that non-Hodgkin lymphoma takes years to develop and Johnson must have acquired it prior to starting work for the school district in 2012.

2015: "the vehicles do not represent a safety hazard for the drivers"
The US Environmental Protection Agency (EPA) has found that glyphosate is "not likely to be carcinogenic" and there are no "meaningful risks to human health when the product is used according to the pesticide label."
Agri giant under pressure to drop appeal on neonicotinoids ban
On 27 July, Bayer said in a statement that it would appeal the ruling of the court as the verdict "could have far-reaching consequences for the certainty and predictability of active substance approvals in the EU".
Change is coming.

Diversity is the key to economic and political evolution.
by Cat on Mon Aug 13th, 2018 at 06:01:02 PM EST
[ Parent ]
Bayer loses €16 bln market value as concerns mount over further damages claims
Investors ask, Who do I sue? Where?

Diversity is the key to economic and political evolution.
by Cat on Thu Aug 16th, 2018 at 07:32:12 PM EST
[ Parent ]
Catalonian Quest for Independence is Undeterred
" 'Much will depend on Europe: the EU should stop turning a blind eye to this flagrant violation of democracy and human rights happening in its territory.' "

Diversity is the key to economic and political evolution.
by Cat on Thu Jul 26th, 2018 at 05:49:22 PM EST
Ex-Catalan leader returns to Belgium from Germany after extradition bid fails
émigré  or migrant? You be the judge.

Diversity is the key to economic and political evolution.
by Cat on Sat Jul 28th, 2018 at 11:55:41 PM EST
Internet overseer ICANN loses a THIRD time in Whois GDPR legal ["]war["]
US-based Internet Corporation for Assigned Names and Numbers (ICANN) was slammed by the Appellate Court of Cologne, Germany, for not having "sufficiently explained" nor provided a "credible reason" for seeking an injunction against German domain registrar EPAG.
[...]
The row eventually reached Cologne's appeals court, which this month declared [PDF] it found the two previous rulings against ICANN "convincing," and noted that there was "no imminent emergency" that justified a request for an emergency injunction. It stated that even ICANN accepted the argument that past experience has shown that there is no real risk to not gathering the information requested.

The court also rejected ICANN's insistence that the matter be sent to the European Court of Justice, noting that it was "under no obligation to refer the case to the ECJ" because ICANN's interpretation of the law "was not material to the decision."

archived
LQD: US Federal Law Eats World, taunts "EU-3" dominion

Diversity is the key to economic and political evolution.

by Cat on Tue Aug 7th, 2018 at 07:09:18 PM EST
EU Magistrate Flushes [rejects] Brexit Challenge to Arrest Warrant
Given Britain's plan to exit the EU in March 2019, Ireland's High Court asked the European Court of Justice to fast-track the case.
[...]
"In his view, as long as a state is still a member of the EU, EU law applies, including the provisions of the framework decision on the European arrest warrant and the duty to surrender," the [Advocate General Szpunar] release states.

Indeed, with the exception of the Brexit issues, "there is no separate issue of potential inhuman or degrading treatment in respect of RO's surrender to the U.K.," the release states.



Diversity is the key to economic and political evolution.
by Cat on Tue Aug 7th, 2018 at 10:38:14 PM EST


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