[pp.int.general] philosophy vs. action

[Carlos Ayala Vargas]

Reinier Bakels wrote:
> Let me be brief. The ECHR is currently in function, actually since 
> 1950 (I don't know about Spain). The EU "constitution" intended to 
> incorprate the ECHR, but it did not yet happen. The ECHR signatory 
> states are members of the (older) Council of Europe, that includes 
> countries such as Russia and Turkey - but excludes Belarus.
However, Spanish Constitution has repeatedly been found by European 
Courts of Justice as ECHR-compliant -e.g., the /PROMUSICAE vs Telefonica 
SAU/ jugdment-, and as long as SC's inner bill of rights is more 
protective than ECHR, I do prefer SC's inner bill of rights.
> Of course, the exception subsections do not allow infringement of 
> human rights without a proper procedure, such as a court order if and 
> when appropriate
That's plain false. May you indicate me where is it stated in ECHR or EU 
case law? If not, and as SC's inner bill of rights explicitly states 
that court protection, the choice is pretty clear for PIRATA (we choose 
SC's inner bill of rights).

Furthermore, and before you show me case law supporting your statement, 
I bring the infamous /Bono Amendment/ and it's /Trautmann re-Amendment/ 
(" /*no restriction may be imposed on the fundamental rights and 
freedoms* of end-users, *without a prior ruling by the judicial 
authorities*, notably in accordance with Article 11 of the Charter of 
Fundamental Rights of the European Union on freedom of expression and 
information, *save when public security is threatened where the ruling 
may be subsequent*/"; such provision is against Spanish Law, and 
wouldn't be applied here in Spain); without talking of state of 
emergency, *it allows breaking fundamental rights without prior ruling*, 
for PIRATA it's not acceptable nor /appropriate/ out of state of emergency.
> The essence of these provisions is that they *not only* require a 
> statutory basis, *but also* a certain permissible purpose, from a 
> limitative catalog.
I don't care about that /catalog/: in Spain, only the /flagrante 
delicto/ is considered an exception for the court warrant, and only for 
home searches.


                                                                                             
Carlos Ayala
                                                                                             
( Aiarakoa )

                                                                       
Partido Pirata National Board's Chairman