Absent Justices



  • [i]Peter Montfort stood to address the Council

    [/i]Fellow Councillors, in accordance with Article IV, Section III, Clause III of the Constitution, which states that "in the absence of one or more judges, as determined by the European Council, the Chief Justice may appoint temporary judges for a period of fourteen days. In the event of the Chief Justice’s absence, the remaining judges shall elect from among themselves a temporary Chief Justice. After fourteen days, if an absent judge has not returned to their post, the post shall be considered vacant and subject to a by-election," I would like to introduce to the Council the following statement:

    [quote]The European Council,

    RECOGNISING that the European Court of Justice's response to the Beech v. United Kingdom and United Kingdom v. Beech petitions has been unacceptably slow;

    ACKNOWLEDGING that this inaction has led to the Commission and ECoJ elections to be delayed indefinitely;

    And NOTING that Chief Justice Scalin and Justice Kennet have been active in the last week, and that due to her nationality, Justice Dorr should not be expected to be actively involved in these cases;

    Thus:

    DECLARES that Justice Hovland is ABSENT;

    And REQUESTS that Chief Justice Scalin appoint forthwith a temporary Justice to replace him for fourteen days or for the remainder of the current ECoJ's term, whichever comes sooner.[/quote] DEBATE starts NOW and ends at 22.45 GMT on 2nd September; VOTING starts THEN and ends at 22.45 GMT on 5th September.


  • ECoJ

    I have to say that I am in favour of this proposal.  The Constitution of the European Union allows for a clear separation of duties between the legislative body (the Council), the executive body (the Commission) and the judicial and enforcement agency (the Courts of Justice).  If for any reason and part of this tripartite system fails to operate, then the whole body becomes inefficient and prone to imperfections.  this has as Councillor Mountford has indicated led us to the point where the decision as to whether to proceed with elections to the Commission for the entire region has fallen on two justices.



  • I am informed that Justice Isztvrarati has shown up. She has thus been removed from the motion.



  • The United States wishes to know if the lack of votes or debate will have any effect on this resolution.


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