Zapatero-Arcturus vs. Monogolia



  • I,

    Laila Zapatero, in my capacity as a natural person and individual citizen of a European Union member state, do hereby sue the so-called "Emergency Council" of the Democratic Republic of Monogolia.

    I levy a civil charge that the "Emergency Council" of the Democratic Republic of Monogolia has violated several articles of the European Constitution.

    Annex I, Article I
    QUOTE

    All human beings are born free and equal in dignity and rights. They are endowed with
    reason and conscience and should act towards one another in a spirit of brotherhood

    Annex I, Article II
    QUOTE

    Everyone is entitled to all the rights and freedoms set forth in this Declaration, without
    distinction of any kind, such as race, colour, sex, language, religion, political or other
    opinion, national or social origin, property, birth or other status. Furthermore, no
    distinction shall be made on the basis of the political, jurisdictional or international status
    of the country or territory to which a person belongs, whether it be independent, trust,
    non-self-governing or under any other limitation of sovereignty

    Annex I, Article VII:
    QUOTE

    All are equal before the law and are entitled without any discrimination to equal protection
    of the law. All are entitled to equal protection against any discrimination in violation of this
    Declaration and against any incitement to such discrimination

    Annex I, Article XVII:
    QUOTE

    Men and women of full age, without any limitation due to race, nationality or
    religion, have the right to marry and to found a family.

    Annex I, Article XVIII
    QUOTE

    Everyone has the right to freedom of thought, conscience and religion; this right includes
    freedom to change his religion or belief, and freedom, either alone or in community with
    others and in public or private, to manifest his religion or belief in teaching, practice,
    worship and observance

    Annex I, Article XXI
    QUOTE

    1. Everyone has the right to take part in the government of his country, directly or
    through freely chosen representatives.
    2. Everyone has the right of equal access to public service in his country.
    3. The will of the people shall be the basis of the authority of government; this will
    shall be expressed in periodic and genuine elections which shall be by universal and
    equal suffrage and shall be held by secret vote or by equivalent free voting
    procedures.

    Annex I, Article XXVI
    QUOTE

    Everyone has the right to education. Education shall be free, at least in the
    elementary and fundamental stages. Elementary education shall be compulsory.
    Technical and professional education shall be made generally available and higher
    education shall be equally accessible to all on the basis of merit

    According to Annex III, Article V, violating Annex I or Annexes in general, is equal to violating other articles of the European Constitution.

    I believe that this case must originate in the European Court of Justice, as I am suing the government of a European member state. Thus, it is an international case of regional significance, outside the jurisdiction of any national Court.

    Therefore, I ask the European Court of Justice to accept this case and deliver a verdict.

    Signed, on the 29th of January 2012,

    Laila Zapatero



  • Supported and signed,

    Livia Arcturus
    Councillor of Pax Aurea



  • Surely naming the state of Monogolia as the defendant would amount to either a case against the exiled govt. of ben Yusuf, or a recognition of the junta? And I'm not sure the plaintiffs want either.



  • Good remark. I'll change the "Monogolian government" by the "Emergency Council".



  • Is the Chief Justice willing to consult the Judges whether or not they want to accept this case?



  • Thank you for filing a case with the European Court of Justice. Now that the plaintiff has been clarified, the Court shall convene to decide whether it is justiciable and whether it can originate in this body. This process is expected to take less than 24 hours.

    Lisa Hayne
    Secretary, ECoJ Clerk's Office



  • With a 5-0 vote, all justices concurring, the case has been accepted. The respondent is hereby summoned to the Court. The plaintiff and respondent should begin planning their opening arguments. Note that this is a civil case and thus terms and procedure are slightly different than in a criminal case.

    Ine Kelander am Daen
    Chief Justice



  • user posted image

    Judges of the European Court:

    We are here to judge one of the most preposterous cases in the history of this court. What is in stake here is not the respect of Human Rights and the European Constitution, it is the right of the nations of Europe to rule themselves, this is, their sovereignty. Every nation has the right to approve the laws it sees fitter for its culture, economic and social situation, etc.

    But, if we make an exhaustive analysis of the case against Monogolia, we will see that the argumentation of the plaintiffs is out of reality.

    They argue that the Monogolian Law goes against the equality that should prevail in the relationships between human beings. In Monogolia everybody is equal for the Law. Our Citizenship Act only defines who are the real Monogolians, that is, the descendants of the original peoples who have been living here since the origins of mankind. The Muslim community came here after, so, they are not real Monogolians: they are foreigners.

    I do not know the experiences of the judges of this court, but I can say that every single nation that I know in the European Union, including Occoron and Pax Aurea, has different legislation for nationals and foreigners, establishes special conditions to access to citizenship and recognizes some special rights for their original citizens. As far as I know, nobody is bringing them to Court or speaking about massive violations of Human Rights or the European Constitution.

    In conclusion, this case is a direct attack against the sovereignty of the European Nations and it has no base, so it should be dismissed.

    Thank you very much.

    Asier Urrutikoetxea
    Attorney General of Monogolia



  • ?I won?t talk here about the horrible way the ?Special Emergency Council? took power in Monogolia and how the recognized President Yusef was put aside. I won?t talk here today about the Monogolian nuclear arsenal, without asking permission to the ENAA, because it is unclear how we can punish them.

    Today, we shall talk about the measures taken by the so-called ?Special Emergency Council?, on the 27th of January 2012.

    The ?Special Emergency Council? declared that the Catholic Religion was the QUOTE

    Only True Faith and the Only One to be officially recognized and worshipped in Monogolia.

    This is against the European Constitution: QUOTE

    Everyone has the right to freedom of thought, conscience and religion

    The ?Special Emergency Council? said that QUOTE

    The norm also gives full citizenship only to catholic Monogolians.

    But what with the Muslims? Or other religions? According to an article in the Monogolian newspaper Deia, the Muslim minority supposes a 40% of the population. Even when they live in Monogolia for decades, even when they work there, have family there, have their life there for years and years, they will lose their nationality. That?s against the European Constitution: QUOTE

    Everyone has the right to a nationality.
    No one shall be arbitrarily deprived of his nationality nor denied the right to change
    his nationality

    The ?Special Emergency Council? said that QUOTE

    All public servants and members of the military will have to present proofs that they have been baptized and to do a fidelity oath to the Catholic Church. Those who would refuse to do it will be fired.

    This is discrimination.

    General Mikelarena declared that QUOTE

    They will be treated the same way as German tourists are treated in Majorca: they will have the same civil and economic rights as the catholic population, but they will no have political rights, as they are not real Monogolians.

    Well, in Occoron tourists can?t vote as well. That?s true. But what with the Muslim population in Monogolia? They are no tourists! They are Monogolian civilians! They have been living there for years! For decades! They have family there. Friends. A job. At least 40% of the Monogolian people will lose its political rights. This is violating the European Constitution.

    QUOTE

    The law also forbids mixed marriages or extramarital intercourse between Catholics and members of other religions.

    This is against the Constitution: QUOTE

    Men and women of full age, without any limitation due to race, nationality or
    religion, have the right to marry and to found a family.

    Judges of the European Court of Justice,

    You have the duty to protect the most important values of the European Union. You have to protect its cornerstones. You have to protect its Constitution. This is a clear act of violation against the Constitution. There is no doubt about that.
    And this is not an attack on the sovereignty of any nation at all. Every nation that joins our region, has to follow our laws and our Constitution. When the Monogolian government decided to join the European Union, they knew that. The European Court of Justice was established to deal with abuses and violations. This is a violation of the Constitution, and that?s why I am of opinion that this is a serious matter that should be dealt with by the European court of Justice.

    Laila Zapatero
    Supported by Livia Arcturus



  • Now that both opening arguments have been presented, the main argument phase may commence. Both sides may now present evidence, call and examine witnesses, and otherwise support their claims. This phase will be open for 48 hours.



  • ?On the 27th of January 2012, the Monogolian newspaper Deia reported that the Monogolian government had accepted new legislation. First of all, is Deia a reliable news source? Yes, it is. Is it controlled by the opposition, maybe by the internationally recognized government of President Yusef? No, it isn?t. Deia only reports about the measures taken by the government, without giving attention to the ideas of the opposition, if there is one. Is it an independent newspaper, not affiliated to any party in the ?Monogolian conflict?? Maybe. But I don?t think so. As I said, the newspaper only gives attention to the ?Special Emergency Council? and says nothing about a possible opposition. Is it controlled by the ?Special Emergency Council?? Probably. Again for the reasons I?ve already told. But it does not matter. Monogolia is a ?lonely country? and as far as I know, there are no independent foreign journalists. Deia is our only news source. We can exclude that it?s controlled by an opposing party. There are only two options left. Or it?s an independent news source, or it?s controlled by that Council. If it?s an independent news source, it?s reliable. If it?s controlled by that Council, why would they lie about their own laws and measures? They could try to make the humanitarian situation look better, that?s true. But they won?t try to make the Monogolian situation look worse, I guess. Maybe the best evidence that what Deia writes is correct, is that Attorney General Asier Urrutikoetxea didn't deny it. So, I think we can all agree that Deia is, in any case, a reliable news source.

    Annex I, Article XVIII of the European Constitution:
    QUOTE

    Everyone has the right to freedom of thought, conscience and religion; this right includes
    freedom to change his religion or belief, and freedom, either alone or in community with
    others and in public or private, to manifest his religion or belief in teaching, practice,
    worship and observance

    What do we read in Deia?
    QUOTE

    The Special Emergency Council has issued a decree declaring the Catholic Religion as the "Only True Faith and the Only One to be officially recognized and worshipped in Monogolia". The norm also gives full citizenship only to catholic Monogolians. All public servants and members of the military will have to present proofs that they have been baptized and to do a fidelity oath to the Catholic Church. Those who would refuse to do it will be fired.

    The ?Special Emergency Council? has declared the Catholic Religion as the only religion in Monogolia. This is clearly violating Annex I, Article XVIII of the Constitution. That Article says that everyone has the right to freedom of religion. The Monogolian ?Emergency Council? takes that right away of its citizens by declaring Catholicism the only recognized religion in Monogolia. That?s not it. Men and women that are serving in military or any other public service, will have to do a fedility oath to the Catholic Church. This is forcing people to believe in Catholicism. And that?s not it. People that are not willing to take the oath, will be fired. This is discrimination, based on religion. This is unacceptable.

    Annex I, article XXI of the European Constitution:
    QUOTE

    1. Everyone has the right to take part in the government of his country, directly or
    through freely chosen representatives.
    2. Everyone has the right of equal access to public service in his country.
    3. The will of the people shall be the basis of the authority of government; this will
    shall be expressed in periodic and genuine elections which shall be by universal and
    equal suffrage and shall be held by secret vote or by equivalent free voting
    procedures.

    The words of General Mikelarena:
    QUOTE

    The Muslim minority, who supposes roughly a 40% of the population, will not be discriminated, according to General Mustafa Mikelarena. "They will be treated the same way as German tourists are treated in Majorca: they will have the same civil and economic rights as the catholic population, but they will no have political rights, as they are not real Monogolians", declared Mikelarena.

    At least 40% of the Monogolian population will have no political rights, because of these decisions. Just because they have another religion. And I say ?at least?, because we only know there is a Muslim minority in Monogolia, of 40%. Maybe there are other minorities as well, and is the situation worse than we think. Taking away someone?s political rights, taking away his or her power to choose his own government, taking away his capability to elect the representatives he or she likes most, only because that person has another religion, that?s unacceptable.

    Annex I, Article XVII of the European Constitution:
    QUOTE

    Men and women of full age, without any limitation due to race, nationality or
    religion, have the right to marry and to found a family.

    What do we read in Deia?
    QUOTE

    The law also forbids mixed marriages or extramarital intercourse between Catholics and members of other religions and does not allow non-Catholics to fly the national flag or national colours.

    I don?t think I have to give much commentary. If you look at the constitution and the article in Deia, you can see very clearly that they are totally different. The right of founding a family is one of the most basic rights someone has got. Taking that right away, is unacceptable.

    Annex I, Article VII of the European Constitution:
    QUOTE

    All are equal before the law and are entitled without any discrimination to equal protection
    of the law. All are entitled to equal protection against any discrimination in violation of this
    Declaration and against any incitement to such discrimination

    Annex I, Article XXVI of the European Constitution:
    QUOTE

    Everyone has the right to education. Education shall be free, at least in the
    elementary and fundamental stages. Elementary education shall be compulsory.
    Technical and professional education shall be made generally available and higher
    education shall be equally accessible to all on the basis of merit

    Article in Deia:
    QUOTE

    Non-Catholics are also barred from sectors like education, law or financial counselling and forbidden to employ catholic domestic workers.

    Is it necessary to give some explanation? I think it?s quite clear how the so-called Monogolian ?Special Emergency Council? took away the right to education and protection by the law. Taking away the right to education is taking away someone?s future. Without education, you are nothing. An d taking away the right to be protected by the law, is taking away one of the most fundamental and most important things each government has to provide. What are we without protection, without being secured by laws? This is unacceptable.

    Annex I, Article I of the European Constitution:
    QUOTE

    All human beings are born free and equal in dignity and rights. They are endowed with
    reason and conscience and should act towards one another in a spirit of brotherhood

    Annex I, Article II of the European Constitution:
    QUOTE

    Everyone is entitled to all the rights and freedoms set forth in this Declaration, without
    distinction of any kind, such as race, colour, sex, language, religion, political or other
    opinion, national or social origin, property, birth or other status. Furthermore, no
    distinction shall be made on the basis of the political, jurisdictional or international status
    of the country or territory to which a person belongs, whether it be independent, trust,
    non-self-governing or under any other limitation of sovereignty

    All these measures taken by the government, are a real danger for these annexes. The ?Special Emergency Council? is not only favouring Catholicism over lslam,or Catholics over Muslims. The ?Special Emergency Council? is discriminating all non-Catholics in Monogolia. In Monogolia, no one is born ?equal in dignity or in rights?. In Monogolia, not everyone is entitled to all rights and freedoms set forth in the Universal Declaration of Human Rights. There, there is distinction based on religion. This is unacceptable.

    Annex III, Article V of the European Constitution:
    QUOTE

    All Annexes of the present document are supplementing the Constitution and have
    equal effect unless directly contradicting it, in which case the Constitution?s articles
    have a priority over an Annex?.

    There is no article in the Constitution that is contradicting any of the Articles I presented to the Court. Thus, the violations of the Universal Declaration of Human Rights must be punished as a violation of the European Constitution.

    Dear Judges of the European Court of Justice,

    One month ago, you were all elected, directly or indirectly, by the people of the European Union. Those men and women live in a European Union, that protect values as democracy, freedom of thoughts, freedom of speech, civil rights, political freedom etc. You were elected to protect these values. Now, not even a whole nation , but only some lonely generals that took power in a horrible way, are attacking these values. Not only these values. They are a danger for the Monogolian people. If they are none at the moment, they will be a danger for the European people in the future. They are attacking the basic values, the cornerstones, the most important principles of the European Union, written in its Constitution. An act that violates that Constitution, is dangerous for the whole European Union.

    We are talking about at least 1.7 billion people here. We are talking about men and women, young and old, Catholics and Muslims. We are talking about their country, their live, their future. No one in the world may ever be discriminated, no one may ever lose even his or her most basic right! But that?s what?s happening, right now. And why? Because they have the wrong religion. This is unacceptable.

    Therefore, dear Judges of the European Court of Justice, I ask you to find the Monogolian ?Special Emergency Council? guilty on all charges."

    Laila Zapatero
    Supported by Livia Arcturus



  • Members of the court,

    This is the first time, in more than 30 years as a lawyer, that I see the use of a newspaper as an evidence for a case.

    Going to the clue aspects of the case, I may say that the Citizenship Act does not deny the right of anyone to follow the religion that they prefer. Nobody is going to be imprisioned or sentenced to death for not being a good Catholic. The law only declares one religion, among all others, as the official one and gives rights to the people that professes it. But, as Catholicism is the faith of the majority of the Monogolian people, it is essential for the State that its public servants are a reflect of this sensibility and to guarantee that they are able to serve effectively and loyally a mostly Catholic people.

    The original peoples of Monogolia were animists, but they converted massively to Catholicism after the predication of Saint Mammes of Caesarea, in the III century of our era. Since then, the Catholic religion is a basic element of the Monogolian national identity. So, it is an ideal way to define what is a Monogolian and what is a foreigner and, as it happens in all European countries, to define different set of rights if you are one thing or the other.

    The Citizenship Act does not interfere with the right to form a family. Non-Catholics will be able to choose anyone muslim, agnostic, atheist... to do it.

    Asier Urrutikoetxea
    Attorney General of Monogolia



  • ?I think I gave enough evidence why Deia is a reliable news source. But I?m very mild, and I propose to the Monogolian authorities to send Occoronian teams to talk with the local people, authorities, and of course with the internationally recognized President Yusuf, to check what?s happening in Monogolia.

    The Citizenship Act does interfere with the right to form a family, as Non-Catholics won?t be able to form a family with Catholics.

    Following the Act, nobody will be imprisoned, that?s true. But non-Catholics will lose their political rights, their right for education, law and financial counseling.

    And according to your opinion, a Muslim who?s born in Monogolia, just like his father, mother, grandfathers and grandmothers, who has a job in Monogolia, whose children are going to school there, ? He?s not a 'real' Monogolian??



  • May I inform mrs. Zapatero that there are two types of Citizenship Laws, Ius Soli and Ius Sanguinis.

    The Ius Soli laws recognizes everybody who is born in a country as a citizen of this nation.

    The Ius Sanguinis laws recognizes citizenship is not determined by place of birth but by having one or both parents who are citizens of the nation. What counts is blood, heritage, culture and not the place of birth.

    Monogolia, like many other European nations, is moving towards Ius Sanguinis, to preserve its culture and protect its original peoples from the avalanche of foreigners it has lived during the last centuries. The sole fact of being born in Monogolia does not make anyone a Monogolian. It this the only way to preserve our cultural purity.

    It is a way the preserve the language and the way of life of the basques, who form the majority of the people who lives and work in Monogolia and have been oppressed too often during their long and fruitful history.

    Asier Urrutikoetxea
    Attorney General of Monogolia



  • Mr. Urrutikoetxea,

    This is about 40% of the Monogolian population that you?re taking away their rights. I think that?s too much, to call them ?foreigners?. ?Foreigners? that live in a country for decades and are offspring of people with the Monogolian nationality, are not ?foreigners?.

    I also take note of the fact that you did not respond to my offer to send politically neutral and independent Occoronian teams to Monogolia to check the situation there.

    Your ?Special Emergency Council? is separating and discriminating people. Not based on any Ius, but based on their religion. Your law only talks about religion (Catholics and non-Catholics) and not about ?blood?, ?heritage?, ?culture?,?

    Protecting a majority by oppressing a minority is never the right solution, Mr. Urrutikoetxea.



  • Please present your closing arguments. Once both are in, the justices will convene to determine a verdict.



  • Judges of the European Court of Justice

    The Monogolian ?Special Emergency Council? has clearly violated several articles of the European Constitution.

    I do not talk about the horrible and totally undemocratic way they took power in Monogolia, I do not talk about their nuclear arsenal. I talk today about one specific law that discriminates millions of Monogolian people.

    The Monogolian ?Special Emergency Council? wants to discriminate people, just because they have a different religion. They want to take away their education, their job, their basic rights, their future.

    I would also like to stress that I offered several times to send an Occoronian team to Monogolia, to check what?s really going on there. That way, we would have a totally independent and reliable news source. Unfortunately, the Council has not responded to my offer.

    The Monogolian ?Special Emergency Council? has violated the European Constitution, the most basic fundamental of our European Union. Now, the European Court of Justice, you all, have the chance to restore order. To make clear that this is not tolerated. And to give millions of people back their life. I started the case, I gave you the evidence, now, I ask you all to send a strong signal to the ?Special Emergency Council?, to the Monogolian people and to everyone in the European Union. You?ve got the evidence, you?ve got the tools. I hope you?ve got the will as well.



  • Judges of the European Court of Justice:

    This case is juridically irrelevant. The accusation has been unable to introduce more evidences than reading an old newspaper. The press has an important role in our societies, but not as a proof in a judicial process.

    The accusation has asked the defendant to open the door of his house, in order to seek for more evidences to accuse him. It is preposterous and totally against law and common sense. It is like putting the fox to take care of the hens.

    Taking aside the unorthodox approach of the accusation, the matter of the case is a direct attack to the sovereignty of the member states of the European Union, as it questions the right of each nation to legislate about Citizenship, that is, the right to decide who is a citizen and has the rights of a citizen and who is a foreigner.

    If the Court decides to condemn Monogolia, there would be migratory chaos and a huge increase of illegal immigration in all the European Union, as no state would be able to define clearly who is a legal or illegal alien and who is a national or a foreigner.

    The defeat of Monogolia in this case would be also the defeat of positive discrimination in favour of disadvantaged groups, a policy held dear by many governments in the region. If the Monogolian Basques cannot be protected by special laws, the precedent will make Europe enter in a slippery slope where women, elderly people, children (the Child Labour Act may be invalidated by the sentence), homosexuals, ethnic minorities, disabled people, etc, will be left behind in the wild of general legislation.

    In conclusion, the European Court of Justice has in its hands the future of sovereignty, nationality and positive discrimination in its hands. An absolution of Monogolia will guarantee that this principles will survive in our beloved region.

    Thank you very much.

    Asier Urrutikoetxea
    Attorney General of Monogolia



  • The case is now closed and the justices will convene to determine a verdict.



  • To assure a proper judicial process and to prevent a conflict of interests, the Occoronian judge Anamaria Chavez will abstain and will participate to this case.


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