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Member Info for Siko

Member Since: Sun, 11th Dec 2011

Number of Share Chat Posts (all time): 1,013
Number of Share Chat Posts (last 30 days): 17

Last Posted: Sat 17:08

Post Distribution over the last 30 days

Sat 17:08

Hi dazz, here's some legal stuff for you, parts of it is from the ECESR appeal documents.

According to the new law, if a citizen does not have direct rights to the contract (eg: shares holder) and could not get a final criminal court ruling to support corruption claims related to that contract, then he/she could not appeal against that contract.

The SCC is going to decide if this law agrees with the new constitution or not.

The old constitution used to state (protecting public property is the duty of every citizen), while the new constitution changed that to (protecting public property is a duty according/subject to the law).

Regarding the retrospective part, the new constitution states that laws are applied from the day they become effective.

(Legal people say that new laws should not be applied to the past so that they don't affect "the acquired rights" which is an established base.

Pro-law: as long as no final ruling, there's no acquired rights.

Anti-law: after a ruling in a case, even if not final, a legal position develops which gives acquired rights.

Once the SCC commissioners submit their report to the SCC, the recommendations get published before the SCC sets the date for the ruling, but I could not tell you exactly how long before.
16 Oct '14

No date yet (in the media) for the court case.

Yesterday, the commissioners at the SAC submitted their report in another case (Cement Bny Sweef) recommending to suspend the case until the SCC decides about the new law.

I posted before about cases suspended by the administrative court, but this case is at the SAC,the same as CEY case. It seems like this is the trend now.
14 Oct '14

The SCC (Supreme Constitutional Court) is not dealing with CEY case.

CEY case is with the SAC now (Supreme Administrative Court).

CEY case has not been suspended yet. We are still waiting to hear a new date for the next hearing.

Currently, when the administrative court comes across a case where the new law could be applied, the court suspends the case pending the decision of the SCC, but the has not happened to CEY case yet.
12 Oct '14

I can't stop laughing.. the funny part is that they gave them 2 months to deliver the file!!!... eehhh and if it does not get delivered by then?? .... well, we could give them 4 months next time...
12 Oct '14

You could not make it up.... The SCS commissioners stated that the reason for the adjournment today was that the file of the case has not arrived yet from the administrative court and that it has to be received before the next session.

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