TTIP & EU Freedom, Justice & Security

TTIP & EU Freedom, Justice & Security

Notwithstanding the German Supreme (Federal) Court's verdict against
the implementation of special TTIP Courts within the European Union,
cfr. hereunder - it appears that the negotiating partners of this Transatlantic
International Trade and Invest Project persist in the creation of these
courts.

Should this come into force, the consequence, - amongst others - will be
that all judicial matters related to this trade agreement shall be dealt
with by therefore specially created Courts, with duly educated judges, -
whom apart from national legislation, EU legislation and national customs,
(which in certain matters may prevail and derogate (put aside) the
other two) - will be capable of interpretating the law and contracts drawn
up in various languages.

Because Law in the end is a matter of 'words'. And words are pronounced
in a certain language and ofcourse subject to interpretation even within
that language; thus evenmore when translated to the one or more other
languages, in which the contract is to be enforced.

Confiding in interpretators - who may be well familiar with the respective
languages, but less acquainted with the legal profession in either
law system - may not be a good pillar to sustain the consequent legal
verdicts, based on the same.

This would implicate that the judiciary operating in these special TTIP
courts would have to qualify in both, - or better said have profound
professional experience in either of the respective law systems to which
the trade contract controversy may refer.

So a TTP court procedure before a special TTIP court could be composed
of a Spanish advocate, inscribe as such in Spain, with previous legal
experience, let's say in Portugal and good knowledge of the english trade
contract terminology, defending the interests of an American Trader, with
an English prosecutor, previously working as an advocate in Portugal,
inscribed in the respective Law Spanish Society.

And a Spanish Judge, of Portuguese origin, trained as such as well in
the UK or USA, specialized in trade contracts, in order to adequately
pronounce  - yes that for sure - an international  court sentence in a
matter related to Spanish, Portuguese trade agreements with the USA
or UK trade companies, that can be enforced in either country.

One thing is certain this kind of Court sentence, when not drawn up in
a legally and linguistically consistant manner, will upon its term not possibly
be enforced in the other law system. 

But evenso without the necessary judiciary, administrative and other
(in)direct or related state officials, if they lack the same kind of linguistic
knowledge.

So this would be the reason behind the persistance by the International
trade companies for special TTIP courts ? And not what many might be
contemplating, namely the lack of independence of the judiciary
in the respective EU Member State national court systems.

Because there where the corruption is to be cleaned up, all allegedly
corrupt unite. And apart from Parliament, which is to provide in the
necessary legislation, the real game takes place in the respective
courts buildings.
 
As long as Judges, Prosecutors, legal administratives are appointed
by State/Governmental organizations, and Solicitors, Advocates and
Barristers controlled by their Semi-Publice (State) organizations,
indeed, investing in an other country might turn out to be a risky
business, instead of profitable commercial gain.

So where will these judiciary be found, when all 'non-collaborative'
that is to say, those who do not adhere to the national trade interests and
subverse court customs, are socially and professionally pronounced dead?

Oh, OK, international organizations, some more, others less discrete.
And will this then bring FAIR JUSTICE in international trade litigations?

Mevr. mr. drª Marian Aletta Does
Abogada española - lic. em direito - dutch lawyer