Κατά την πρόσφατη επίσκεψή του στις ΗΠΑ, ο Νικόλαος Δένδιας μίλησε
στο John Jay College of Criminal Justice του City University of New
York. Ο ίδιος ο υπουργός δήλωσε στο ΑΠΕ για
την ομιλία του: «Είχα την ευκαιρία να αναπτύξω ένα θέμα που έχει να
κάνει με τα ανθρώπινα δικαιώματα και την εφαρμογή του νόμου και επίσης
να αναλύσω τις τεράστιες προκλήσεις που αντιμετωπίζει σήμερα η ελληνική
κοινωνία». Πράγματι ο υπουργός μίλησε για το κράτος δικαίου, την αρχή
της αναλογικότητας, τον Αριστοτέλη, τον Πλάτωνα και άλλα, προτού φτάσει
στην δικαιολόγηση της πολιτικής που ακολουθεί στο υπουργείο του. Ωστόσο,
μεγάλο μέρος του θεωρητικού μέρους της ομιλίας που ο ίδιος ο υπουργός
έδωσε στη δημοσιότητα μέσω της ιστοσελίδας του υπουργείου Δημόσιας Τάξης και Προστασίας του Πολίτη, όπως και της προσωπικής του ιστοσελίδας,
αποδεικνύεται πως είναι προϊόν αντιγραφής από αντίστοιχα λήμματα της
αγγλικής Wikipedia και όχι μόνο. Η αντιγραφή αυτή δεν έχει γίνει χωρίς
λάθη σε όλες τις περιπτώσεις. Ιδού μια ενδεικτική αντιπαραβολή: ….Υπόμνημα
Πλήρως αντιγραμμένο
Όλες οι πληροφορίες με άλλη σειρά
Λάθος στην αντιγραφή
| Ομιλία Δένδια, μέρος 3ο |
Wikipedia, λήμμα Rule of law |
The rule of law is
the “supremacy of regular power as opposed to arbitrary power”. The
phrase can be traced back to the 17th century, and it was popularized
in the 19th century by British jurist A. V. Dicey. Even earlier the
phrase “Not under man but God and Law” was attributed to the British
jurist Henry of Bracton while the concept was familiar to ancient
philosophers as well.
Aristotle wrote that “Law should govern.” as well as “The only stable
state is the one in which all men are equal before the law”. Rule of law
implies that every citizen is subject to the law. It stands in contrast
to the idea that the ruler is above the law, for example by divine
right. |
In its general sense, the
phrase can be traced back to the 16th century, and it was popularized
in the 19th century by British jurist A. V. Dicey. The concept was
familiar to ancient philosophers such as Aristotle, who wrote “Law
should govern”.[4] Rule of law implies that every citizen is subject to
the law. It stands in contrast to the idea that the ruler is above the
law, for example by divine right.Και παρακάτω:
Bracton saith, quod Rex non debed esse sub homine, sed sub Deo et lege
(That the King ought not to be under any man but under God and the
law.).”
Και στις σημειώσεις:
The lead definition given by Black’s is this: “A substantive legal
principle”, and the second definition is the “supremacy of regular as
opposed to arbitrary power”. |
Schematically man can say that the rule of law is a system in which the following four universal principles are upheld:
o The government and its officials and agents are accountable under the law.
o The laws are clear, publicized, stable and fair, and protect
fundamental rights, including the security of persons and property.
o The process by which the laws are enacted, administered, and enforced is accessible, efficient, and fair.
o Justice is delivered by competent, ethical and independent
representatives and neutrals, who are of sufficient number, have
adequate resources, and reflect the makeup of the communities they
serve. |
As used by theWorld Justice Project,
a non-profit organization committed to advancing the rule of law around
the world, the rule of law refers to a rules-based system in which the
following four universal principles are upheld:[56]
1. The government and its officials and agents are accountable under the law;
2. The laws are clear, publicized, stable, fair, and protect fundamental rights, including the security of persons and property;
3. The process by which the laws are enacted, administered, and enforced is accessible, fair, and efficient;
4. Access to justice is provided by competent, independent, and ethical
adjudicators, attorneys or representatives, and judicial officers who
are of sufficient number, have adequate resources, and reflect the
makeup of the communities they serve. |
| Nowadays it is safe to
say that the rule of law ultimately comes down to a principle of
governance in which all persons, institutions and entities—including the
State itself—areaccountable to laws that are publicly
promulgated, equally enforced and independently adjudicated—and which
are consistent with international human rights norms and standards. |
TheSecretary-General of the United Nationsdefines the rule of law as:[47]
a principle of governance in which all persons, institutions and
entities, public and private, including the State itself, are
accountable to laws that are publicly promulgated, equally enforced and
independently adjudicated, and which are consistent with international
human rights norms and standards. |
| Ομιλία Δένδια 5ο μέρος |
Wikipedia, λήμμα Proportionality |
In European Union law there are
generally acknowledged to be four stages to a proportionality test,
namely: there must be a legitimate aim for a measure or restriction
o the measure or restriction must be suitable to achieve the aim
(potentially with a requirement of evidence to show it will have that
effect)
o the measure or restriction must be necessary to achieve the aim, that there cannot be any less onerous way of doing it
o the measure or restriction must be reasonable, considering the competing interests of different groups at hand. |
InEuropean Union lawthere generally acknowledged to be four stages to a proportionality test, namely,[3]
- there must be a legitimate aim for a measure
- the measure must be suitable to achieve the aim (potentially with a requirement of evidence to show it will have that effect)
- the measure must be necessary to achieve the aim, that there cannot be any less onerous way of doing it
- the measure must be reasonable, considering the competing interests of different groups at hand
|
| Ομιλία Δένδια 5ο μέρος |
Wikipedia, λήμμα Hamdan v. Rumsfeld |
| In Hamdan v. Rumsfeld case (2006),
the US Supreme Court held that military commissions set up by the Bush
administration to try detainees at Guantanamo Bay lacked “the power to
proceed because its structures and procedures violate both the Uniform
Code of Military Justice and the four Geneva Conventions signed in
1949.” Specifically, the ruling said that Common Article 3 of the Geneva
Conventions which requires fair trials for prisoners was applicable in such situation and thus violated. |
Hamdan v. Rumsfeld,548 U.S. 557(2006), is a case in which theSupreme Court of the United Statesheld thatmilitary commissionsset up by theBush administrationto trydetainees at Guantanamo Baylack “the power to proceed because its structures and procedures violate both theUniform Code of Military Justiceand the fourGeneva Conventionssigned in 1949.”[1]Specifically, the ruling says that Common Article 3 of the Geneva Conventions was violated. |
| Two years earlier in Hamdi v. Rumsfeld case the
Court had recognized the power of the government to detain enemy
combatants, including U.S. citizens, but ruled that detainees who are
U.S. citizens must have the rights of due process, and the ability to challenge their enemy combatant status before an impartial authority. |
Hamdi v. Rumsfeld,542 U.S. 507(2004), is aUnited States Supreme Courtcase in which the Court recognized the power of thegovernmentto detainenemy combatants, including U.S. citizens, but ruled that detainees who are U.S. citizens must have the rights ofdue process, and the ability to challenge their enemy combatant status before an impartial authority. |
| Ομιλία Δένδια 6ο μέρος |
Wikipedia, λήμμα European union |
| It took us decades of hard
negotiations to move forward from the European Community of Coal and
Steel (1952) to the European Economic Community (1957) and from it to
the European Union (1992). The latter constitutes today an economic and political union of 27 member statesencompassing a
population of more than 500 million habitants and ranking No 1 in the
list of countries by Gross Domestic Product (GDP) in total (Per capita ranks No 15). |
The EU traces its origins from theEuropean Coal and Steel Community(ECSC) and theEuropean Economic Community(EEC), formed by theInner Sixcountries in 1951 and 1958 respectively.Και παρακάτω:
With a combined population of over 500million inhabitants,[24]or 7.3% of the world population,[25]the EU, in 2012, generated a nominalgross domestic product(GDP) of 16.584 trillion US dollars, representing approximately 20% of the global GDP when measured in terms ofpurchasing power parity, and represents the largest nominal GDP and GDP PPP in the world.[26] |
| Ομιλία Δένδια 6ο μέρος |
Wikipedia, λήμμα European union |
| Fundamental rights established by the
European Convention for the Protection of Human Rights and Fundamental
Freedoms(1950) and other international legal instruments ratified by the
Members States, as well as those deriving from the constitutional
traditions common to them, form part of the general principles of law
that are enforceable by the Court of Justice of the European
Union.Moreover the Treaty of Lisbon (2007) brought substantial
amendments to the field of human rights environment by giving them a
legally binding status, making them part of primary law and providing EU
citizens with an additional layer of protection:
The revised Charter of Fundamental Rights originally proclaimed in Nice (2000) is the most updated and comprehensive legal instrument of human rights in
the world. It contains fifty “rights, freedoms and principles”,
stretching from civil and political rights on the one hand to economic,
social and cultural rights on the other. Being part of the primary law,
the Charter prevails over national law of Member States, when they are
acting within the scope of EU law (Article 51). After the adoption of
the Treaty of Lisbon, it became directly enforceable by the EU and
national courts (Article 51(1)). |
It is important to keep in mind that
fundamental rights established by the European Convention for the
Protection of Human Rights and Fundamental Freedoms, and other
international legal instruments ratified by the Members States, as well
as those deriving from the constitutional traditions common to them,
form part of the general principles of law that are enforceable by the
Court of Justice of the European Union.Και παρακάτω:
The Treaty of Lisbon brought substantial amendments to the field of human rights environment.The Charter of fundamental rights of the European Union(hereinafter referred as the‘Charter’) is now part of primary law and has been given a legally binding status.
The prime objective of this Charter is to bring together your European
citizens’ rights that had been scattered over a range of national and
international instruments, making them more accessible, visible while
providing EU citizens with an additional layer of protection.
The revised Charter now contains fifty “rights, freedoms and principles”
the Charter contains both civil and political rights on the one hand,
and economic, social and cultural rights on the other. There are also a
number of new generation’s rights – such as the right to a clean
environment and a right to good administration. These rights are
organised under five major headings – human dignity, fundamental
freedoms, equality, solidarity, citizenship and justice. It also
contains four horizontal provisions, which are intended to clarify its
field of application, scope and interpretation of its provisions.
Applying to the EU institutions and bodies, it means that they must conform to the Charters’ rights and observe its principles.
Being part of the primary law, the Charter prevails over national law of
Member States, but only when they are acting within the scope of EU law
(Article 51). After the adoption of the Treaty of Lisbon, it became
directly enforceable by the EU and national courts (Article 51(1)).] |
| Ομιλία Δένδια 7ο μέρος |
Wikipedia, λήμμα Prum Convention |
Especially the Prüm Convention, also known as Schengen III Agreement (2005) has been criticized as the ‘eye of Big Brother over Europe’. The
Treaty provides theexchange of data regarding DNA, fingerprints and
vehicle registration of concerned persons and cooperation against
terrorism. It also contains provisions for the deployment of armed sky
marshals on flights between signatory states, joint police patrols,
entry of (armed) police forces into the territory of another state for
the prevention of immediate danger (hot pursuit), and cooperation in
case of mass events or disasters.
The Treaty was initially adopted outside the EU framework but some of its provisionshave already been subsumed into
the police and judicial cooperation provisions of EU law by Council
decisions providing for law enforcement cooperation in criminal matters
primarily related to exchange of fingerprint, DNA (both on a hit no-hit
basis) and vehicle owner registration (direct access via the EUCARIS
system) data. |
ThePrüm Convention(sometimes known asSchengen III Agreement[1]) is a treaty which was signed on 27 May 2005 byAustria,Belgium,France,Germany,Luxembourg, theNetherlandsandSpainin the town ofPrüminGermany. The convention was joined later byother membersof theSchengen Agreement.
Παρακάτω:
The Convention was adopted so as to enable the signatories to exchange data regardingDNA,fingerprintsandVehicle registrationof concerned persons and to cooperate againstterrorism. It also contains provisions for the deployment of armedsky marshalson
flights between signatory states, joint police patrols, entry of
(armed) police forces into the territory of another state for the
prevention of immediate danger (hot pursuit), and cooperation in case of mass events or disasters.Παρακάτω:
The Convention was adopted outside of theEuropean Union framework(and its mechanism ofEnhanced co-operation), but asserts that it is open for accession by anyMember state of the European Unionand that:
provisions of this Convention shall only apply in so far as they are compatible withEuropean Union law…[EU law]should take precedence in applying the relevant provisions of this Convention
—Convention on the stepping up of cross-border cooperation, particularly
in combating terrorism, cross-border crime and illegal migration,Article 47
Additionally the text of the Convention and its annexes were circulated on 7 July 2005 between the delegations to theCouncil of the European Union.
Some of the Convention provisions, falling under theformer third pillar of the EU, were later subsumed into the police and judicial cooperation provisions ofEuropean Union lawby 2008 Council Decisions,[3][4]commonly referred to as thePrüm Decision.
It provides for Law Enforcement Cooperation in criminal matters
primarily related to exchange of Fingerprint, DNA (both on a hit no-hit
basis) and Vehicle owner registration (direct access via theEUCARISsystem) data. |
Κρίμα που ο επιμελής υπουργός δεν αντέγραψε κι άλλη μια φράση από το
λήμμα της Wikipedia για το κράτος δικαίου: «Παρά την ευρεία χρήση της
από πολιτικούς, δικαστές και πανεπιστημιακούς, το κράτος δικαίου έχει
περιγραφεί ως ‘μια εξαιρετικά απατηλή έννοια’ που προκαλεί ‘μια
ανεξέλεγκτη απόκλιση κατανοήσεων … όλοι το υποστηρίζουν αλλά έχουν
συγκρουόμενες αντιλήψεις για το τι είναι’».
|
