Article 14



  • Article 14

    1.Everyone has the right to seek and to enjoy in other countries asylum from persecution.

    2.This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the European Union and/or United Nations.

    Proposed Edit: This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the European Union.

    Section 1 seems fine to me and I removed the reference to the United Nations in Section 2 as I don't believe it exists in our RP world.

    What do you think?



  • "The purposes and principles of the European Union" are to be defined, in the end, by the European Court of Justice should this article spark a controversial case?



  • I could see potential problems, but I suppose the purposes and principles of the EU would have to be drawn from the constitution. The constitution has a preamble and a fundamentals section that lays out what the purpose of the EU is as well as includes this declaration. These are the things that are supposed to lay out the purposes and principles of the EU I would think, although I suppose it wouldn't stop a justice from abusing their interpretative powers if they so chose.



  • I indeed think the purposes and principles of the European Union are written in the Constitution - although since also that is being reviewed, it might change - and that it's up to the judges to decide whether or not something is in accordance with those principles. And I indeed don't think you can stop a justice totally from abusing their interpretative powers, but since they are democratically elected, one could argue you can only blame yourself in that case.



  • Ah, the caveat emptor of democracy!

    Do you think we should add the following to the article, then?

    QUOTE

    This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the European Union, as presented in the European Constitution.



  • You could indeed call it that. You could of course wonder if that phrase also ruled if one voted for a candidate who intentionally gave a wrong idea of himself, and who handled mala fide. But I guess that's another discussion.

    As for the proposed change, it will not prevent a justice to abuse his power, but at least it clearly states he or she should argue based on the Constitution. So I think the change is a good idea.



  • This seems like a fine idea. Although what about Council law?



  • Hmm. Can the Council approve such bills that contradict the European Constitution?



  • Not necessarily. But the constitutional laws that Council passes give us a clearer picture of the purposes and principles of the EU.



  • What do you think about this?

    QUOTE

    This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the European Union,as presented by the European law.


  • Mass Effect RP

    I think that my Occoronian friend presents an adequate amendment, clear and concise. If anything, I would get rid of the "the" in "...as presented by the European Law". Purely for grammatical and aesthetic reasons, of course.


 

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