[pp.int.general] Answer to the Request by Antionio Garcia from the 31. May 2013 by the CoA

[Antonio Garcia]

Dear Thomas,

Would you please care to clarify which mail of mine you are referring to?

The one that I sent to Maxime Rouquet about breaches of the Statutes of PPI in both the procedure that accepted the Catalan Pirate Party as a full member of PPI in a vote on a motion at the PPI GA in Prague, and the sentence of the PPI CoA that accepted it as valid creating an alien interpretation of the word "Country" and consciously rewriting one of the articles of the PPI Statutes to give the General Assembly powers in the PP-CAT case that it had denied previously the same General Assembly when deciding on whether to accept the applications of those pirate parties that had submitted their paperwork... was duly submitted scrupulously respecting the Statutes of the PPI and the then (and I believe still now, because no discussion on them was held either in Prague or Kazan) temporally :( declared enforceable Rules of Procedure of the Court of Arbitration.


I am really getting very, very tired of the bureaucratic madhouse playing kiddies the PPI and most of the Pirate Parties are becoming...


If logic and ethic really mean nothing... then respect is not what you are going to get.


And beware of... Nullo actore, nullus iudex... it can backfire on you.



Antonio.

Date: Thu, 13 Jun 2013 21:33:24 +0200
Subject: Answer to the Request by Antionio Garcia from the 31. May 2013 by the CoA
From: thomas.bruderer at pp-international.net
To: ningunotro at hotmail.com
CC: ktetch at gmail.com; arturo.martinez at pp-international.net; sven.clement at piratepartei.lu; board at pp-international.net

Dear Antonio,

The CoA is constituting itself and did so accordingly to the Statutes of the PPI and the Procedures of the Court of Arbitration.

We confirm that we received your mail which could be understood as a complaint but is formally rejected.

The 
 following information in this email is only informative in nature, it 
is not expressing a legally binding opinion because it does not express a
 ruling of the Court of Arbitration. To make it a decision we would need
 someone to complain formally correct.
We act accordingly to the jurisitic principle Nullo actore, nullus iudex

There
 are no complaints pending and only a member, officer or an organ of the
 PPI can issue such a complaint. [Statutes: XIVa.2] The Court of 
Arbitration will not rule on this issue until the Court of Arbitration 
receives a formally correct complaint.
The
 Rules of Procedure drafted by the previous Court of Arbitration do not 
follow this juristic principle and they could therefore lead to 
accepting complaints in violation of the Statutes. We have to follow the
 Statutes in such case, according to the juristic principle of the 
hierachy of legal norms.
>Discussing whether Andrew and Arturo got elected or not just because they were candidates?

As
 long as the Court of Arbitration was not asked on a ruling, the 
decision of the General Assembly and its Chairperson on the General 
Assembly will stay valid, which means that both won't be judges until a 
formal verdict has been issued by the Court of Arbitration.
On a side note without making any prejudice:

The  minutes clearly show that Andrew and Arturo did not get elected,  because
 they did not reach the needed quorum at that time. The  Court of 
Arbitration can have 3 to 7 Members. [Statutes: XIVa.7] Electing 5 
Judges is therefore a legally correct result, the Chair of the General 
Assembly clearly communicated this. None of the Members present did 
complain. No further election rounds were requested.
All
 other information cannot be considered as a well formed complaint and 
would be formally rejected even when it would come from a member or 
organ which is allowed to make complaints to the Court of Arbitration to
 the Pirate Parties International.
In the name of the Court of Arbitration to the Pirate Parties International,
Judge Thomas Bruderer 		 	   		  
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