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Can the ECHR ruling be challenged.

How can we solve it? (keep it civilized)

Postby bill cobbett » Thu Mar 11, 2010 9:40 pm

Piratis wrote:We will send some cases to the "IPC" and later to the ECHR in order to change this ruling, which as Kifeas said will take a few years.

Meanwhile we will proceed will a lot more cases for trespassing, something which can be dealt with in our own courts.


My dear Piratis, if they have a mind to some or all of the seven cases should at the same time resubmit their cases, after a rework, to the ECHR after having first removed any reference to their injury being caused by "loss" of their property.

Take Property out of the equation and there still remains a great deal of rights violation.
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Postby bill cobbett » Thu Mar 11, 2010 9:42 pm

Viewpoint wrote:Again Turkey is one step ahead.


We're working on a better Rat Trap. :lol:
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Re: Can the ECHR ruling be challenged.

Postby Get Real! » Thu Mar 11, 2010 9:45 pm

First the irony…

3. Which rights are protected by the Convention?

States that have ratified the Convention, also known as “States Parties”, have undertaken to secure and guarantee to everyone within their jurisdiction, not only their nationals, the fundamental civil and political rights defined in the Convention.

The rights and freedoms secured by the Convention include the right to life, the right to a fair hearing, the right to respect for private and family life, freedom of expression, freedom of thought, conscience and religion and the protection of property. The Convention prohibits, in particular, torture and inhuman or degrading treatment or punishment, forced labour, arbitrary and unlawful detention, and discrimination in the enjoyment of the rights and freedoms secured by the Convention.


boulio wrote:I have a question can the ECHR ruling be challenged and how?


39. Can judgments be appealed against?

Whilst inadmissibility decisions by Committees and Grand Chamber judgments are final and cannot be appealed against, the parties have three months following the delivery of a Chamber judgment to request referral of the case to the Grand Chamber for fresh consideration. Requests for referral are examined by a panel of judges which decides whether or not referral is appropriate.


http://www.echr.coe.int/NR/rdonlyres/5C ... ENG_A4.pdf
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Postby CopperLine » Thu Mar 11, 2010 10:04 pm

oh the irony .... the law against murder when there are killings ... isn't that so ironic :roll:
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Postby Get Real! » Thu Mar 11, 2010 10:12 pm

Another option may be for the RoC to take the ECHR decision (as it affects the whole country profoundly) to the European Court of Justice…

“The Court has the power to settle legal disputes between EU member states, EU institutions, businesses and individuals.”

http://europa.eu/institutions/inst/justice/index_en.htm

NB: The ECHR should fall under “EU institutions” but I haven’t looked at any detail as to if/how this can be done.
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Postby CopperLine » Thu Mar 11, 2010 10:20 pm

Get Real! wrote:Another option may be for the RoC to take the ECHR decision (as it affects the whole country profoundly) to the European Court of Justice…

“The Court has the power to settle legal disputes between EU member states, EU institutions, businesses and individuals.”

http://europa.eu/institutions/inst/justice/index_en.htm

NB: The ECHR should fall under “EU institutions” but I haven’t looked at any detail as to if/how this can be done.


Spare yourself the effort, Get Real : the ECHR is not an EU institution. (It was a creation of the Council of Europe).
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Postby Malapapa » Thu Mar 11, 2010 10:53 pm

CopperLine wrote:
Get Real! wrote:Another option may be for the RoC to take the ECHR decision (as it affects the whole country profoundly) to the European Court of Justice…

“The Court has the power to settle legal disputes between EU member states, EU institutions, businesses and individuals.”

http://europa.eu/institutions/inst/justice/index_en.htm

NB: The ECHR should fall under “EU institutions” but I haven’t looked at any detail as to if/how this can be done.


Spare yourself the effort, Get Real : the ECHR is not an EU institution. (It was a creation of the Council of Europe).


Perhaps the EU should sue the Council of Europe in the ECJ for misappropriation of the term 'Europe', the birthplace of western civilisation as opposed to human rights obfuscation. Also, who has ultimate rights to the European flag, because somehow this symbol also of the CoE is now seriously devalued...

Image
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Postby bill cobbett » Thu Mar 11, 2010 11:00 pm

CopperLine wrote:
Get Real! wrote:Another option may be for the RoC to take the ECHR decision (as it affects the whole country profoundly) to the European Court of Justice…

“The Court has the power to settle legal disputes between EU member states, EU institutions, businesses and individuals.”

http://europa.eu/institutions/inst/justice/index_en.htm

NB: The ECHR should fall under “EU institutions” but I haven’t looked at any detail as to if/how this can be done.


Spare yourself the effort, Get Real : the ECHR is not an EU institution. (It was a creation of the Council of Europe).


Yes, quite, there are always, always, always, ALWAYS and did I say ALWAYS? ..... workarounds to life's little problems, to beat the system say, but it would help if we understood which blooming system we are trying to get the better of.
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Postby Get Real! » Thu Mar 11, 2010 11:08 pm

Enjoy yourselves... :lol:

The European Ombudsman

He helps to uncover ‘maladministration’ in the European Union institutions and bodies. ‘Maladministration’ means poor or failed administration – in other words, when an institution fails to act in accordance with the law, or fails to respect the principles of good administration, or violates human rights.

http://europa.eu/institutions/others/om ... dex_en.htm
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Postby bill cobbett » Thu Mar 11, 2010 11:14 pm

Has anyone got an emoticon of a curly-haired, scruffily-dressed, and sort of English-looking chap pulling out his hair and going red in the face and with steam blowing out of his ears and with the look of the greatest despair and frustration to hand please?
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