During his recent visit in the USA, Greek Minister of Public Order and Citizen Protection Mr. Nikolaos Dendias made a speech at John Jay College of Criminal Justice of City University of New York. According to the Athens News Agency, the minister said later on: "I had the chance to elaborate on a subject connected to human rights and law enforcement and to analyze the huge challenges the Greek society is facing today". It is true that Minister Dendias talked about the rule of law, the principle of proportionality, Aristotle, Plato and other stuff, before he justified his policy. However, most of the theoretical part of his speech, which was published later on both the ministry's and his personal websites, has been found to be copy-pasted from Wikipedia and other sites. It has also been found that some of the material used by the minister has been copied with some mistakes too...
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|Dendia's speech part 3||Wikipedia: Rule of law|
The rule of law is the “supremacy of regular power as opposed to arbitrary power”. The phrase can be traced back to the 17th century, and it was popularized in the 19th century by British jurist A. V. Dicey. Even earlier the phrase “Not under man but God and Law” was attributed to the British jurist Henry of Bracton while the concept was familiar to ancient philosophers as well.
In its general sense, the phrase can be traced back to the 16th century, and it was popularized in the 19th century by British jurist A. V. Dicey. The concept was familiar to ancient philosophers such as Aristotle, who wrote "Law should govern". Rule of law implies that every citizen is subject to the law. It stands in contrast to the idea that the ruler is above the law, for example by divine right.
Schematically man can say that the rule of law is a system in which the following four universal principles are upheld:
As used by the World Justice Project, a non-profit organization committed to advancing the rule of law around the world, the rule of law refers to a rules-based system in which the following four universal principles are upheld:
Nowadays it is safe to say that the rule of law ultimately comes down to a principle of governance in which all persons, institutions and entities—including the State itself—are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated—and which are consistent with international human rights norms and standards.
The Secretary-General of the United Nations defines the rule of law as:
|Dendia's speech part 5||Wikipedia: Proportionality|
In European Union law there are generally acknowledged to be four stages to a proportionality test, namely: there must be a legitimate aim for a measure or restriction
|Dendia's speech part 5||Wikipedia: Hamdan v. Rumsfeld|
|In Hamdan v. Rumsfeld case (2006), the US Supreme Court held that military commissions set up by the Bush administration to try detainees at Guantanamo Bay lacked “the power to proceed because its structures and procedures violate both the Uniform Code of Military Justice and the four Geneva Conventions signed in 1949.” Specifically, the ruling said that Common Article 3 of the Geneva Conventions which requires fair trials for prisoners was applicable in such situation and thus violated.||Hamdan v. Rumsfeld, 548 U.S. 557 (2006), is a case in which the Supreme Court of the United States held that military commissions set up by the Bush administration to try detainees at Guantanamo Bay lack "the power to proceed because its structures and procedures violate both the Uniform Code of Military Justice and the four Geneva Conventions signed in 1949."Specifically, the ruling says that Common Article 3 of the Geneva Conventions was violated.|
Two years earlier in Hamdi v. Rumsfeld case the Court had recognized the power of the government to detain enemy combatants, including U.S. citizens, but ruled that detainees who are U.S. citizens must have the rights of due process, and the ability to challenge their enemy combatant status before an impartial authority.
|Hamdi v. Rumsfeld, 542 U.S. 507 (2004), is a United States Supreme Court case in which the Court recognized the power of thegovernment to detain enemy combatants, including U.S. citizens, but ruled that detainees who are U.S. citizens must have the rights of due process, and the ability to challenge their enemy combatant status before an impartial authority.|
|Dendia's speech part 6||Wikipedia: European union|
It took us decades of hard negotiations to move forward from the European Community of Coal and Steel (1952) to the European Economic Community (1957) and from it to the European Union (1992). The latter constitutes today an economic and political union of 27 member states encompassing a population of more than 500 million habitants and ranking No 1 in the list of countries by Gross Domestic Product (GDP) in total (Per capita ranks No 15).
The EU traces its origins from the European Coal and Steel Community (ECSC) and the European Economic Community (EEC), formed by the Inner Six countries in 1951 and 1958 respectively.
|Dendia's speech part 6||Web page: Citizenhouse.eu|
Fundamental rights established by the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950) and other international legal instruments ratified by the Members States, as well as those deriving from the constitutional traditions common to them, form part of the general principles of law that are enforceable by the Court of Justice of the European Union.
Moreover the Treaty of Lisbon (2007) brought substantial amendments to the field of human rights environment by giving them a legally binding status, making them part of primary law and providing EU citizens with an additional layer of protection:
The revised Charter of Fundamental Rights originally proclaimed in Nice (2000) is the most updated and comprehensive legal instrument of human rights in the world. It contains fifty “rights, freedoms and principles”, stretching from civil and political rights on the one hand to economic, social and cultural rights on the other. Being part of the primary law, the Charter prevails over national law of Member States, when they are acting within the scope of EU law (Article 51). After the adoption of the Treaty of Lisbon, it became directly enforceable by the EU and national courts (Article 51(1)).
It is important to keep in mind that fundamental rights established by the European Convention for the Protection of Human Rights and Fundamental Freedoms, and other international legal instruments ratified by the Members States, as well as those deriving from the constitutional traditions common to them, form part of the general principles of law that are enforceable by the Court of Justice of the European Union.
|Dendia's speech part 7||Wikipedia: Prum Convention|
Especially the Prüm Convention, also known as Schengen III Agreement (2005) has been criticized as the ‘eye of Big Brother over Europe’. The Treaty provides the exchange of data regarding DNA, fingerprints and vehicle registration of concerned persons and cooperation against terrorism. It also contains provisions for the deployment of armed sky marshals on flights between signatory states, joint police patrols, entry of (armed) police forces into the territory of another state for the prevention of immediate danger (hot pursuit), and cooperation in case of mass events or disasters.
The Prüm Convention (sometimes known as Schengen III Agreement) is a treaty which was signed on 27 May 2005 by Austria,Belgium, France, Germany, Luxembourg, the Netherlands and Spain in the town of Prüm in Germany. The convention was joined later by other members of the Schengen Agreement.