FOLLOWING THE EUROPEAN UNION

He did. Walter is illiterate, you know, although not educated by Jesuits and not having studied "provable" sciences. :wink:

Death warms up market for euros in Vatican and Monaco
By John Lichfield in Paris
11 April 2005


The value of the euro has hugely inflated since the leaders of the two smallest countries in the world died.

The exchange rate of the vast bulk of euros in circulation is untouched. However, the value of the small quantities of euro coins minted by the Vatican and the Principality of Monaco threatens to go through the roof.

Both types of coins, and those minted by San Marino, have been favourites among collectors since the euro was introduced in 2001. Since the deaths of Pope John Paul II and Prince Rainier, their prices have exploded.

A €2 Vatican coin is fetching €160 on the European coin-collecting market. A 2004 Vatican set of all eight euro coins is going for over €500. A Monaco €1 piece can now command up to €60.

The likelihood that the Vatican and Monaco will mint new coins, carrying the heads of the new Pope and Prince Albert II, has caused a speculative run on the existing coins. Rémi Smith, the director general of Monnaie magazine in France, said that the wholesale price of Vatican coins went up by 20 per cent last weekend alone.

However, he advised collectors to wait before buying Vatican and Monaco euros. The speculative bubble could soon burst, he warned.

The Vatican, Monaco and San Marino are permitted by the European Commission and European Central Bank to mint a token quantity of euros carrying their national symbols. In the case of the Vatican, production is limited to €1m a year, or €1.3m in the year of a papal death.

Although nominally minted to circulate like other coins, the micro-state euros have been snapped up by coin dealers and collectors. The Vatican and Monaco also issue coins in commemorative packs, like postage stamps, at far above their face value.

This trade is so lucrative that another European micro-state, Andorra, has recently asked permission from Brussels to mint euros of its own.

Euro bank notes are the same in all eurozone countries. Euro coins have a European symbol on one side and a national design on the other. But of the 15 different euro coin sets, only 12 are in circulation.

I have a question about the Charter of Rights that is added to the constitution. If an EU citizen wants to challenge a right under the EU Charter, would he have to go to an EU Court? What about appeal rights (is there like an EU Court of Appeal or an EU Supreme Court)? By the way, would those rights have precedence over the domestic rights (under the domestic Charter of Rights, for example)?

Interesting collection of potentially overlapping jurisdictions (and potentially. laws, as well).

Am I correct that most of the continental jurisdictions involve trials decided by panels of judges, as opposed to juries of citizens?

How much variation is there among the justice systems of the various EU member nations and to what degree are the systems in the several European-wide courts different?
I've no idea how the 25 different national law/justice systems vary.

In criminal matters is their a predsumption of guilt or innocence in the trials?

We have overlapping jurisdictions between state and Federal courts and laws. It is a problem requiring action by appellate courts and a good deal of legal procedure, however solutions are generally found. I would be very surprised - incredulous - if Europe is reported to be able to avoid these complications.

Does not the Napoleonic principle of presumed guilt still apply in French criminal proceedings?

Does not the Napoleonic principle of presumed guilt still apply in French criminal proceedings?

The French Revolution's Declaration of the Rights of Man and of the Citizen had declared that suspects were presumed to be innocent until they had been declared to be guilty [by a court of law]. A concern of Bonaparte's was the possibility of arbitrary arrest, or excessive remand (imprisonment prior to a trial). Bonaparte remarked that care should be taken to preserve personal freedoms especially when the case was before the Imperial Court: "these courts would have a great strength, they should be prohibited from abusing this situation against weak citizen without connections." However, remand still was the normal procedure for suspects of severe crimes, such as murder.

The possibility for justice to endorse lengthy remand periods was one reason why the Napoleonic Code was criticized for de facto presumption of guilt, particularly in common law countries. However, the legal proceedings certainly did not have de jure presumption of guilt; for instance, the juror's oath explicitely recommended that the jury did not betray the interests of the defendants, and took attention of the means of defense.

The rules governing court proceedings, by today's standards, probably gave too much power to the prosecution; it must be said, however, that criminal justice in European countries in those days tended to side with repression. For instance, it was only in 1836 that prisoners were charged with a felony were allowed to have counsel (i.e. a lawyer) in England the (Prisoners' Counsel Act).[1] (http://www.ebc-india.com/lawyer/articles/97v8a3.htm) In comparison, article 294 of the Napoleonic Code of Criminal Procedure allowed the defendant to have a lawyer before the Court of Assizes (judging felonies), and mandated the court to appoint him a lawyer if he did not have one (failure to do so rendered the proceedings null).

Brussels, 12th April 2005

Serbia and Montenegro: Commission confirms sufficient progress to open negotiations on a Stabilisation and Association Agreement

The European Commission has approved a Feasibility Report assessing the readiness of Serbia and Montenegro to negotiate a Stabilisation and Association Agreement (SAA) with the EU. Serbia and Montenegro has made sufficient progress in meeting the prerequisites and developing the capacity to negotiate. This agreement will establish the first contractual relationship between Serbia and Montenegro and the European Union.

The Commissioner for Enlargement Olli Rehn said: "This is the beginning of the European road for Serbia and Montenegro. The country has achieved a great deal over the past few years, and it is time to move on. I welcome the agreement concluded last week on the Constitutional Charter, which ensures the legitimacy of the State Union Parliament. I am glad that Serbia and Montenegro has finally made significant progress in co-operating with the Hague Tribunal. So far this year, a dozen persons indicted for war crimes have boarded the plane to The Hague."

Olli Rehn added: "This trend must continue and be reinforced until none of the remaining indictees is still at large. Accession negotiations proper cannot even be considered until the country has achieved full co-operation with ICTY. With the 10th memorial of Srebrenica approaching in July, Radovan Karadzic and Ratko Mladic must be brought to justice. That is the only way to achieve reconciliation and move forward towards EU accession."

The Feasibility Study concludes that Serbia and Montenegro is sufficiently prepared to negotiate an SAA. The Commission recommends the opening of negotiations and will accordingly present a draft mandate. However, in order to proceed through the various stages of the process, both before and during the negotiations, Serbia and Montenegro must continue to improve its co-operation with the ICTY until all its obligations have been met.

The State Union and the two Republics should continue to implement the European Partnership priorities through the Action Plan. The Commission will continue to monitor closely the progress made by Serbia and Montenegro. It will report on the developments in the SAP Annual Report to be issued in the autumn of 2005.

Background

The Stabilisation and Association Process (SAP) is the EU's policy for the countries of the Western Balkans region. The Stabilisation and Association Agreement is the final stage of that policy creating a contractual relation between a country of the region and the European Union. The Feasibility Study is an evaluation report that establishes whether a country is able to negotiate an SAA. The SAP is accompanied by a generous financial assistance programme, called Community Assistance for Reconstruction, Development and Stabilisation (CARDS) Programme.

For further information on EU relations:

http://europa.eu.int/comm/external_relations/see/fry/index.htm

Does not the Napoleonic principle of presumed guilt still apply in French criminal proceedings?

georgeob1 wrote:

Does not the Napoleonic principle of presumed guilt still apply in French criminal proceedings?