Traduction de «Administrative Committee the Common Appeal Court » (Anglais → Français) :

The applicant brought two parallel actions against that order, one an appeal before the Proscribed Organisations Appeal Commission (“POAC”), the other for judicial review before the High Court of Justice (England and Wales), Queen’s Bench Division (Administrative Court) (“the High Court”).

The second and third grounds of appeal, claiming breach of Article 1(4) of Common Position 2001/931 and an error of law in the assessment of the principles relating to the right to effective judicial protection, respectively, are directed against the second part of the judgment under appeal in which the General Court examined, and held well founded, the second and third pleas in law put before it by the PMOI.

The General Court held, first, that as of 7 May 2008, the date on which the Court of Appeal delivered its judgment, it became once and for all impossible for the Council to rely on the order of the Home Secretary of 28 March 2001 as a decision of a competent authority for the purpose of Article 1(4) of Common Position 2001/931 in order to maintain the inclusion of the PMOI in the list referred to in Article 2(3) of Regulation No 25 ...[+++]80/2001.

The first instance chambers and the appeal court should work under common rules of procedure based on best practices in the Member States.

stresses that it is important also to respect the judicial balance arrived at the national level in penal matters, and calls for the development of a measured approach to incorporating into Community texts the penal provisions necessary to ensure the effectiveness of Community law, whatever their nature, and calls in this context for closer cooperation with the national parliaments; invites the Commission, in collaboration with Eurojust and the European judicial network, to put in place feed-back systems on the application in the Member States of the criminal-law sanctions provided for in European measures; welcomes the initiative taken by the appeal ...[+++] courts of the Member States in meeting on-line to discuss subjects of common interest linked to the activities of the European Union, including the coexistence of European and national criminal-law provisions;

As we have heard from the Commissioner, there is now a case before the Appeal Court of the United Kingdom, and it is right that we should be very careful and considered before we set up a committee of inquiry.