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Thread: EU to abolish trial by jury.

  1. #21
    Politics.ie Regular evercloserunion's Avatar
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    You'd think that a post making such a bold claim and expecting us to believe it would be more than two lines long.

    Not on P.ie though.
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  2. #22
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    Just to point out that Anthony Coughlan is an avid no supporter so all he say about lisbon should be taken with a pinch of salt!!!

  3. #23
    Politics.ie Regular evercloserunion's Avatar
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    The Charter of Fundamental rights include the right to a fair trial. Making the Charter legally binding puts judicial practices under EU jurisdiction and opens up for potential harmonization - putting the tradition of trial-by-jury at risk.
    Making the Charter legally binding does not put anything under EU jurisdiction which was not under EU jurisdiction before the charter was brought in.
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  4. #24
    Politics.ie Regular The Field Marshal's Avatar
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    Quote Originally Posted by Clanrickard View Post
    I am voting NO but your contention is nonsense.
    Why.
    Surely it is inevitable that the ECJ, which will become the dominant legal player in the new EU union,is going to publish a finding obiter dicta that decisions of non jury courts carry a greater legal weight.

    I believe this because the majority of current EU court decisions are not decided on by juries but in non jury courts.


    Jury decisions will be relegated to the back burner and will eventually by seen as non binding and hence legally void.

  5. #25
    Politics.ie Regular BodyofEvidence's Avatar
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    troll alert

  6. #26
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    While Anthony Coughlan has opposed the EU project from its beginning he is also one of the most factual people in the world. Anything political should be taken with a pinch of salt.
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  7. #27
    Politics.ie Regular evercloserunion's Avatar
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    Quote Originally Posted by USER1234 View Post
    Just to point out that Anthony Coughlan is an avid no supporter so all he say about lisbon should be taken with a pinch of salt!!!
    Anthomy Coughlan sent around a leaflet telling us that Lisbon would make us EU citizens for the first time - a blatant lie.

    (There were other lies there too but the citizenship one is the one that has been annoying me the most lately).
    To live honestly, to hurt no one, to give every one his due.

  8. #28
    Politics.ie Regular Clanrickard's Avatar
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    Quote Originally Posted by The Field Marshal View Post
    Why.
    Surely it is inevitable that the ECJ, which will become the dominant legal player in the new EU union,is going to publish a finding obiter dicta that decisions of non jury courts carry a greater legal weight.
    .
    On what basis would they do this? Also Obiter Dictum is an opinion of the court and non-binding.
    "The Egyptians could run to Egypt, the Syrians into Syria. The only place we could run was into the sea, and before we did that we might as well fight.” -Golda Meir

  9. #29
    edg
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    Quote Originally Posted by The Field Marshal View Post
    Its in the Lisbon thread for the simple reason that ratification of Lisbon is the big step to a harmonized judicial system throughout Europe under the ECJ.

    99% of European states do not have trial by jury.

    Ireland will be forced to change by legal decisions of the ECJ
    WARNING, the above post is a lie. ALL EU countries have a trial by jury system.

    In fact Ireland has just introduced a new criminal bill which will deny certain suspects a trial by Jury already which had nothing to do with Lisbon.

    In fact some barristeres are saying that if a suspect who is denied a jury due to this Irish bill, they would have a good chance of getting a jury if they brought their case to the Euopean courts.

    PLEASE DONT BELIEVE THIS POSTER.

    AGAIN, ALL EU COUNTRIES HAVE A TRIAL BY JURY SYSTEM. THIS POSTER IS TELLING FIBS TO GET YOU TO VOTE NO.

  10. #30
    Politics.ie Regular The Field Marshal's Avatar
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    Quote Originally Posted by Clanrickard View Post
    On what basis would they do this? Also Obiter Dictum is an opinion of the court and non-binding.
    True, but obiter dictum carries weight and very often ends up being case law
    and hence binding.

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