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






























 

Freedom - Justice - Security College Football

Freedom - Justice - Security    College Football

Within the European Union's Freedom of Goods, People and Services,
for instance by advocates or architects, of different nationalities are ofcourse
allowed to establish themselves, rendering their advocacy / architecture
services,in other Member State countries.  No problem !  Well at least in
theory and as long as in compliance with the respective legislations, which
includes local customs.

So as long as the foreigners are duly inscribed in the local respective colleges
and align with the customs of local professionals, which, by the way, aren't
always as clear, indifferent and obvious as one may visualize them at first
glance.

The succes of College football at national and international level, relies on
the coherence of the team players, and they're joint loyalty to the team in
order to fulfill the previously set out schemes to tackle the members of the
other College football team, and thus win the game.

In the end it's all about winning the game by tackling the other. Therefore in
american College football teams, each round, the players put their heads
together, strongly embracing eachother, in order to, descretely, align the
scheme to beapplied to tackle to other. And ofcourse trusting the team
mates, and full distrusts of what ever may come from the other team.

So how can local professional colleges rely on being able to trust professionals
integrated in their team ? Or is this virtually impossible ? And if so, what to do?
Organize a subculture within the College football team, lead and composed by
known loyal team members to which all professionals are to adhere, including
the foreigner, in order to control their every move?

Or might it be a more succesful strategy to simply allow the foreigners to adhere
to the College football team, but to see to it that they remain on the reserve bench
during the important national games.  But surely during the international matches,
especially in those envolving those games against College footbal teams from the
same nationality as that of the foreigner? I would quess so.

And then ofcourse there is the question of the unbiast Jury, who are to point out
very possible violation of the rules of the game, by each and all College Football
team members. The Jury Members ofcourse belong to no subculture and have no
nationality.  Nice going !

While the rest of the European Union is, economically spoken in a
a bit of a turmoil, the unification of Public Entities in the respective
Member State countries continues at full speed.

Well at least in Spain where last week EU Directive 2012/17 of the
European Parliament and Council was implemented.

Quote: ' Whereas
Businesses are increasingly expanding beyond national borders,
using the opportunities offered by the internal market.
Cross-border groups, as well as many restructuring operations,
such as mergers and divisions, involve companies from different
Member States. Consequently there is an increasing demand for
access to information on companies in a cross-border context.
However, official information on companies is not always
readily available on a cross-border basis.'

Well at least according to them.

And, quote: ' The Commission Communication on the Single
Market Act identified the interconnection of central, commercial
and companies registers as a measure required to create a more
business-friendly legal and fiscal environment.

The interconnection should contribute to fostering of competi-
tiveness of European business by reducing administrative burdens
and increasing legal certainty and thus contributing an exit to
the global and financial crisis, which is one of the priorities of
the agenda 2020. It should also improve cross-border commu-
nication between registers by using innovations in information
and communication technology. '

By means of Ley 19/15 dated 13.07.15 measures were approved
to reform the administration of Justice and Civil Registry. This
reform contains a lot of alterations to various existing spanish
laws, such as the public registry of births and deceased, the
commercial code with regard to the registration of companies,
the registration of property and pending mortgages.

Basicly the changes enable digital proceedings and thus direct
access to the registry office.

Amazingly enough this also applies to public auctions of
Spanish based movable and inmovable property, in case of,
for instance, recovery of mortgage debts by banks.

The referred law, therefore attributes specific powers to
registars, notaries and court officials. whose tasks it will
be to guide and safeguard the proceedings and protect the
interests of all involved.

Well thats good to know, considering the inquiry results
as published by the Spanish National Advocacy Council,
in a poll where 95% of the inquired advocates informed
to consider the corruption in public life, very high and
inadequately combated.

Sources:
Directive 2012/17/EU http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32012L0017&from=EN

Ley 19/15 of 13.07 http://www.boe.es/boe/dias/2015/07/14/pdfs/BOE-A-2015-7851.pdf


Mevr. mr. drª Marian Aletta Does
Abogada española - advogada portuguesa - dutch lawyer

Freedom Justice and Security - TTIPP and ISDS

Last week the European Parliament approved the Transatlantic Trade Investment Project.

In a post-agricultural society trade and commerce are the motor of prosperity. That is,

when the market is free in every sense of the word, meaning that it is the individual product

seeking client who decides which product to purchase, instead of that, by means of State

subventions and lobbies, certain products are simply placed without allowing the customers

a choice.

Who is the market, who are the producers and who are the clientele ? With the TTIP we

are talking about the American and Europe based producers and individual local citizens /

buyers.

The USA is a Federal State, with Federal law that, in certain cases substitutes or

overrules that of the individual States.

This is not the case in the European Union countries, who still are sovereign

nations, reason for which EU regulations require an implimentation procedure that

acknowledges the adoption of these regulations als State Law.

For an American producer to invest in any of the local European Union countries there

is therefore the hubble of respective nation state legislation subject to their national

judiciary system.

 

That is apart from the many, many different languages, cultures and customs incorporated

in their national law. This composes a risk thus high that the investor may not want to take.

In order to avoid these national hubbles, trade agreements are made between sovereign

States that may adjudicate certain trade questions to arbitration rather than to the respective 

national courts.

This means the application of international public law to resolve trade agreement disputes,

contrary to international private law, that regulates the application of respective nation State

law to different private individual cases. International public law, as established by different nations, in specific cases, such a in trade agreements, prevails over the application of national

law and private international law.

International Investors Dispute Resolution (ISDS) is the manner in which disputes under

the TTIP are to be resolved and funtions in the following manner:

Two advocates funtioning as arbitrators (one of the of investor and one the purchasor)

under mutual agreement nominate a third advocate/arbiter and between the three of them

they will reach an decisive agreement on application of the trade agreement law terms,

without taking any of the respective national legislation into consideration.

This decision therefore is not subject to national law, to be judged by a national judicial

system, but can be imposed against nation States.

So when a nation, - in representation of it's citizens - signs a trade agreement, all citizens

who have some matter to deal with regarding that specific trade subject, will have to address

a thus composed arbitration court. Not a national court composed of national judges.

Last week, the European Parliament approved the TTIP and ISDS clause, as described

hereabove.

 

Freedom of trade, commerce and industry is actually a rather new thing at this local level

of commerce. Some 35 years ago, most Spanish lived in an agricultural society. So did

the mayor part of the Portuguese, Romanians, Bulgarians, Greek, Italians, and, believe it

or not, also the Germans.

These people's lives were based on the produce of crops, raising cattle, goats, sheep,

chickens. The coastal villages would exchange their produce against the produce of the

more land inward villages. These youngsters had no time for scholing, and consequently

they hardly know how to write or spell correctly, let alone speak other languages.

Today many 50-plus individuals in these countries therefore have very little to no scholar

education, as they had to assist domestic economics by either attending the goats on the

hills; aid with the timely harvesting of the crops, or the salting of the fish/repairing of the

fishing nets.

I'm not implicating that these people are not intelligent, to the contrary, they simply had

no chance to develop in certain areas.

Upon entry of these countries in the European Union, and the heavily subsidised cutting

off of the agricultural and fishing industries, many of these agricultural industries ceased

to exist, as the EU started subsidising these industries in Northern African countries,

paying off those who were willing to get bought out to put their fishing fleets down,

shut their farms, etc.

With other words, the economic system of the agricultural states, based mainly on 

exchange & commerce of food production on which the southern european countries

economies thrived for thousands of years was aniquilated / bought off by Brussels.

But those whose lives were based on attending the goats on the countryside hills, those

who would be on their small fishing boats, and those who would be plucking a chicken

to be cooked for dinner, didn't change.

 

No that is not correct; their lives did changed in 2 ways, 1. unemployment

and  2. food is not to be produced - but to be purchased in a store.

Nor was there any real reinvestment for that matter apart from, - in Spain - by bank

mortgages heavily financed urbanizations projects, from which most were too rapidly

build, largely without the necessary licences, by unskilled labour, subject to

devastation and many, many conflicts.

These countrymen who grew up in an agricultural economy, with today few teeth in

their mouths, speaking in their local dialect and entirely ignorant of what happens in

the larger part of the world, with a general unemployment rate of 25%, but in certain

local areas up to 60% , form the larger part of the population of the nations now

entering into the Transatlantic Trade and Investment Project.

So how is this going to work in the European Union, which incidently has nothing to

do with any kind of economic nor social union between the people of these different

states. Please kindly note that the European Union is not a Federal Union of States,

as the United States of America.

The dutch, generally spoken 'can't see' the germans (2 world wars); the portuguese

dispise the spanish; the spanish loath the french; the latter, the italians and the irish

the english. 
 

And they all speak their own language, live in sovereign nation states, with their

own jurisdictions, laws, judiciary and Justice system.

So how will EU - Freedom, Justice and Security fit in with the TTIP and ISDS?

Securing the freedom to compete on a local market, where the local suppliers will

see their economical position yeopardised, threathend by foreign companies, with

whom they cannot compete and whom they cannot socially control (bully) within

their local church, clan, carnival group or footbal team ?

What security will a local Justice system bring, when local courts are filled with

local judges, local handpicked prosecutors and local collaborative advocates, who

were put in place by the local politicians in order to maintain the local power?
 

If advocates from other EU-Member States are, - as much as possible - professionally

harrassed by their fellow colleagues, (free market competition for advocates does not

exist at a local level !) and left unprotected by the local Law societies as well as the

National Law Society in Spain, what kind of national advocates are going to form

these arbitration courts of the TTIP?

 

 

So in the European Union, economicly completely destroyed by the Brussels

lobbying organizations who politically control large part of the EU subventions and

the financing of certain projects, how will the Transatlantic Trade and Investment

Project function to order to warrant the 'free (competion) market' at local level ?

By means of ISDS, composed of hand picked collaborative national advocates, who

are to function as arbiters / judges in a supra-national arbitation court, in order to protect

rèspecitve local interests? 

 

Will ISDS than be a favourable to Free Trade? Will this clause protect both the investors,

the consumers, as well as the citizens ? Is it possible to please all at the same time ?

 

Or will only the few double qualified international advocates, - who get no chance to render

their services at a local level - be able to contribute to some Justice, Freedom of trade and

security, so that commerce may prosper ?

Mevr. mr. drª Marian Aletta Does
spanish advocate - portuguese advocate - dutch lawyer.
abogaciainternacional@gmail.com - marianaletta@gmail.com

(all rights reserved)

 

 

 

FREE ACCESS TO JUSTICE / ACCESS TO FREE JUSTICE /
ACCESS TO FREE LEGAL AID / ASISTENCIA
JURÍDICA GRATUITA


The financial/economic dispositions for a citizen to benefit in Spain, during
the course of 2015, from free legal assistence, - that is; not having to pay for
the services of an advocate in accordance to Ley 22/2013 of 22.12.13 - have
not changed.

The requirements depend on the IPREM (Public indicator of income for multiple
effects), like in situtation to be allowed to apply for financial aid, university &
other schooling subvencions or financing, and thus also in order to
be able to benefit from free legal assistance, assistencia jurídica gratuita.

This IPREM - value is used to calculate the amount of income that is not to
surpass / not to be higher than an amount 'x', if one wishes to apply for and to
benefit from the services of a STATE-PAID sollicitor/advocate. (The spanish
do not differenciate in sollicitors, lawyers, advocates & barristers).

The right to have access to free legal assistence, in acordance to art. 3 of the
here above mentioned law / IPREM; the brut economic income is not to be
higher than:
a). Twice the IPREM at the moment of presenting the request, when the person
does not form part of a familiy unit.
b). Two and a half times the IPREM for a person who does belong to a family
unit with less than 4 family members.
c). Three times the IRPEM amount for those who pertain to a family unit
composed of 4 of more family members.

A ´family unit' is composed of:
- a couple, not legally separated/divorced with minors living with them.
- formed by a father or a mother with minor children living with them.
It is important to know that for calculating the IPREM amount ALL income
of members of the family unit are taken into account.

This implicates that:
I. when the requesting person does not form part of a family unit (cq. an
unmarried adult; a divorced without children; a widow with adult children,
etc.) the gross income may not be higher than € 1.065,02 euros per month
/ € 12780,24 brut yearly income.

II. when the requesting person forms part of a familt unid of 3 or less
(cq. a childless married couple, a married couple with a minor child; a
divorced with 2 children etc.) their brut incume may not be higher
than € 1.331,28 euros per month / € 15.975,35 36 euros yearly.

III. when the legal aid requesting belongs to a family unit of 4 or
more members (cq. a married couple with 2 children etc) the
monthly brute income may not be higher than € 1.597,53 euro
that is € 19.170,35 euro income per year.


ALSO important is to know it that is the local respective (provincial)
Law Societies, - and not the STATE - who decides this matter of
adjudication on the basis of the necessary documents to be introduced
at their offices.

The provincial Law Society then, yes or not, will allocate on of their,
finger picked, list of advocates, as not all inscribed advocates in the
same provincial Law Society appear to be 'allowed', - in these times of
economical crisis - to be benefit of this STATE-FINANCED system
for the rendering of legal services.

Thus depriving the other duly inscribed advocates of this STATE-
financed source of income.

In some Law Societies there are only a specific number of inscribed
advocates who are 'allowed' to render their services in certain matters,
for instance in urbanization corruption cases and trafficking.

It appears some Law Societies do not include on the list list of free legal
aid, the services of duly inscribed advocates, who speak other languages,
apart from Spanish, and who are not committed to collaborate with
local interest groups.

One way or the other this in in evident violation of the EU-competion
rules - as it appears that foreign spanish advocates, duly inscribed and
who contrary to 99% of the Spanish abogados, with a completed master
in advocacy, - are banned, not in word, but in evident pratice to render
these justicia gratuita services.

Without prejudice and in no way addressing any one of any entity in
particular, - talking about Justicia Gratuita ...

© Mevr. mr. drª Marian Aletta Does
Abogada española - advogada portuguesa - dutch lawyer
Disclaimer: No rights what so ever can be obtained from this article.
Please contact your local advocate or Law Society.

Source:
http://www.mundojuridico.info/ingresos-en-2015-para-solicitar-abogado-de-oficio/?
utm_source=&utm_medium=&utm_campaign
© mundojuridico.info - Ingresos en 2015 para solicitar abogado de oficio

SPANISH PENAL CODE REFORMS READY TO GO THROUGH
THE SENATE - 'Permanent Revisable Enprisonment'.
Spanish Penal Code against citizens rights, according to Carlos Carnicer
Diez, President of the National Spanish Law society.
The recent reform of the Spanish Penal Code  includes, amongst other
matters, the aplication of 'Permanent Revisable Enprisonment, which in his
opinion is inconstitutional invoking art. 10º on human dignity and 15º of
the Spanish Constitution, that prohibits inhumane cruel and degrading
penalties; also invoking art 25º the Magna Carta, which stipulates that
penalties that revoke freedom have to be orientated on reeducation and
social reintegration. An opinion which I subscribe.
Also I would consider the term 'Permanent Revisable Enprisonment' a
contradiction-in-terminus, as when the emprisonment is permanent it
excludes it's revisibility. But the spanish interprete this differently and
the Spanish Penal Code, dating from 1995 has suffered numerous
changes, since then. 
Also entities like Amnesty International; the Platform for Freedom of
Information; as well as the newly appointed State Procecutor and 63
catedratic penal law professors from 33 spanish State universities are
opposing the latest changes;
which they critise for it's 'enormous tecnical poverty' and the constant
deliberate use of 'ambiguous terms', allegedly introducing more substancial
changes even after the original concept had gone through State Council,
Consejo de Estado, and the General Council of Judicial Power, Consejo
General del Poder Judicial, thus not taking the legally provided route for
creating law serious. 
He adds that social problems are not resolved by hardening the penalties,
but by other means, which he unfortunately does not specify.
It brings in to my mind the first alteration of the Dutch Penal Code prior
to World War II, altering the disposition 'no crime without a
previous penal dispostion' - Nullem crimen sinne preavia leges.
Does the social unrest in Spain, caused by economic distress, extreme
poverty of the citizens, the closing down of hospitals, lack of medication,
and the millions of unemployed without social care or any source of
income justify the hardening of penal laws in order to control the
population ?
A population that is simply asking it's government to invest into labour
projects so that they may earn an honest living, instead of spending
almost 1/4 of the Internal Gross Produce to pay back european
financial aid ?
I don't know, but without labour, income, social security, hospitals
and pensions, no population can thrive, let alone repay its loans. 
The penal reforms are ready to go through the Senate (Senado).
Let`s see what will happen.

Mevr. mr. drª Marian Aletta Does
Abogada española - advogada portuguesa - dutch lawyer.
Source:
http://www.abogacia.es/2015/01/22/un-codigo-penal-contra-los-derechos-de-los-ciudadanos/

Freedom - Justice - Security -


Maybe I'm the silly ignorant one. Call me stupid if you like.
All my legal professional life I have done the utmost to satify
my clients' interests. I've never had clientcomplaints. To the
contrary, I would say. My clients became friends, sending me
postcards from vacations, holiday wishes and updating me with
their lives. My client's heirs became, over time, my new clients,
brought cookies for my pets and sometimes simply called or visited
me, just to ask me how I was doing and to wish me the best. Why ?
Because I gave my life,- not just my professional life - but my
entire life, to fulfilling my childhood dream, the purpose of my
life, to be an advocate in order to help others to obtain their
legitimate legal rights. Why? Because everyone, everybody, has the
right to a dignified live.That means; loving parents, proper
schooling, adequate health services, in order to obtain personal
identification and accomplishments which will enable proper
housing, food and therefore an income for the family, normaly by
means of a job/work. In a place where the Rule of Law is in force
in a country where a Government is ruled by the Trias Politica,
that is to say, where there is a COMPLETE separation of powers.
Judical, Legislative and Executive (Government&Administration).

After having lived my youth in 4 different continents in more
than reasonable wealth, I started to work in order to pay for my
University studies. I knew perfectly well that money is a need in
order'to get by', but that money does not create happiness.
Happiness comes from other sources, as long as the primary needs
are covered. For me the inmense success I had in my professional
life would have meant nothing if it weren't for the happiness in
the eyes of my clients winning their cases.

Ofcourse I noticed irregularities, saw things that raised more
questions than answers, and asked myself why certain matters
were not dealt with. Why some people appeared to be 'more equal'
than others before the courts. Why certain clients' interests
were dealt with priority and others shoved under the carpet.

With ample knowledge of history and sociology I was ofcourse
fully aware of the predator instinct that lies in human nature.
But I believed in the Rule of Law of modern society.

Notwithstanding the folkloric/heraldic stories of Templars,
Crusadors, Jesuits, RoundTable and FreeMasonry, I never would
have been able to inmagine their force behind the curtains in
nowadays economies, governments and local public as well as
semipublicadministration organs (like advocate, judge and public
prosecutors societies). How repulsive are these entities in
the nowaday national, international and world organizations!
Overruling the Rule of Law, by their ever growing cancer.

Does the public not see, nor understand that a shadow government
by secret organizations will only bring about corruption and
dictatorship ?

Does the general public not see that merging Judicial and
Government/administrative powers is everything that the
Trias politica aimed to prevent ?

Does nobody read any history books or is the population to be
dumbed down, by ignorant/false Teachers, Mass Stream Media, Drugs
and Economical Crises, so that NO ONE WILL DARE TO SAY ANY THING ?
Because if they dare, they will be 'taken out ?.

A nice and honrable colleage of mine told me some years ago that
he had to give in to a local secret society, as he had to feed
his wife and children. I ofcourse understood his argument and
bear him no grudge.

But what happens to Freedom, Justice and Security when lawyers,
advocates and barristers, have to enter into these kind of
societies in order to feed themselves and their families ?

You got it ! The end of the Trias Politica. The end of the
Rule of Law. The end of Democracy. The beginning of a New
World Order ruled by men behind the curtains.


Mevr. mr. drª Marian Aletta Does