European Court of Justice Case Procedures Act 2013



  • EUROPEAN COURT OF JUSTICE CASE PROCEDURES ACT

    Proposed by Duxburian Union :: Passed (7-0), May 30th, 2013 :: Unamended


    PREAMBLE

    This Act creates standard procedures for trials in the European Court of Justice (ECoJ).


    SECTION I. DEFINITIONS

    1. For the purposes of this Act, we define the used terms as follows:
      a. Appellant: The party bringing a petition to the European Court of Justice (ECoJ). This is the Plaintiff in a civil case or the Prosecutor in a criminal case. In an appeal from a lower court, this is the party that initiates the appeal.
      b. Respondent: The party against whom a petition is brought to the ECoJ. This is the defendant from either a civil or criminal case. In an appeal from a lower court, this is the party that opposes the appeal.
      c. Standing: The right to bring a case before a Court.
      d. Certiorari: Legal writ seeking judicial review.

    SECTION II. INITIATING A CASE

    1. In order to bring a case to the ECoJ, the appellant files a formal petition against the respondent.

    2. The petition must demonstrate that the appellant has standing by explaining the direct, legal harm that the appellant has suffered.

    3. The petition must state the civil and/or criminal charge(s) to be brought against the respondent.
      a. No new charges may be filed after the petition is sent to the justices for review.
      b. Charges may not be frivolous.

    4. The petition must state a remedy that the appellant wishes the Court to grant.


    SECTION III. SELECTING A CASE

    1. After a petition has has been filed, the justices of the ECoJ shall hold a private conference to determine whether the Court should accept or reject the case.

    2. The Chief Justice shall convene and lead the conference.

    3. The affirmative votes of two Justices at the conference will be sufficient to grant certiorari and place the case on the Court's calendar.

    4. Both the appellant and respondent shall be notified by the Chief Justice when the case has been accepted or rejected.


    SECTION IV. RIGHTS OF THE ACCUSED

    1. The respondent shall have the right to legal counsel. The Court shall appoint an attorney if the respondent cannot afford one.

    2. The respondent shall have the right to be represented by an attorney even if the respondent fails to show up at their case.

    3. The respondent shall have the right to forgo legal counsel and represent themselves.
      a. If a respondent elects to represent themselves, but fails to show up at their case, they forfeit the case.

    4. The respondent shall have the right to say nothing before and/or during the case.

    5. The respondent and/or their attorney shall have the right to examine the appellant's petition and all evidence gathered against them, within reason.

    6. The respondent or their attorney shall have the right to bring in witnesses and cross-examine the appellant's witnesses.

    7. The respondent cannot be compelled to become a witness against themselves.

    8. Questioning sessions cannot be of an unreasonable length of time.

    9. The respondent shall not be deprived of life, liberty, or property, without the due process of the law.

    10. The respondent cannot be tried twice for the same crime.

    11. Evidence obtained illegally in the jurisdiction of its origin is inadmissible.


    SECTION V. HEARING A CASE

    1. Once a case has begun, both parties may present opening statements and distribute briefs to the Court.

    2. After opening statements have been given, both parties may argue their cases.

    3. After a reasonable amount of time has been allotted for oral argument, both parties may present closing arguments.
      a. Once a party has given its closing argument, it may not submit any new information to the Court.


    SECTION VI. DETERMINING A VERDICT

    1. After the case has been closed, the justices shall meet in a private conference to determine the verdict.

    2. Once the Justices have made their final decision, the Chief Justice shall announce the verdict for the Case.

    3. If the Chief Justice is unavailable, any justice may deliver the verdict.

    4. Verdicts of the ECoJ are final and cannot be appealed.


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