Traduction de «Incompétence de la juridiction étatique » (Français → Anglais) :

Just to take up the idea that actually guided Mrs Reding: what concerns me is the fact that in times of great uncertainty, of economic crisis, financial crisis and uncertain prospects and increasing poverty in the European Union, Heads of State like Mr Sarkozy and even Mr Berlusconi – I could name others, but these are the leading state-level protagonists in this matter in the European Union – are turning their domestic policy problems and their incompetence into policy during the crisis. They are hiding behind a policy that is returning to a repertoire of racial intolerance and xenophobia.

Question No. 218 Mr. Bill Casey: With respect to acts of torture committed in the private sphere in Canada: (a) how many Canadian organizations and individuals have written to the Minister of Justice over the past five years requesting to make these acts illegal in Canada and to make Canada a designated torture free zone; (b) what official discussions or conferences have taken place within Justice Canada in regards to this request; (c) why is non-state actor torture not named or listed as a specific crime in the Criminal Code; (d) does the government intend to make changes to the Criminal Code to correct this omission; (e) what official discussions or decisions have been made by the Minister of Justice or officials of Justice Canada on ...[+++]the designation of Canada as a torture-free zone; (f) has Justice Canada studied the laws of other jurisdictions or countries on the specific issue of defining non-state actor torture as a crime; (g) what official discussions or decisions have occurred within Justice Canada, involving the Minister of Justice, to recognize that there are various forms of non-state actor torture in Canada; and (h) what services, programs or policies does Justice Canada use to support Canadians who have been victims of non-state actor torture?

At the hearing of 20 February 2007, the complainant accepted the plea of lack of jurisdiction and, recognising the jurisdiction of the Milan District Court, on 19 March 2007 notified the defendants a statement on resumption of proceedings before that court.

The significance of these precepts is obvious: there is neither the jurisdiction nor any legal pact that can deprive anyone of their fundamental right to access to justice, although the exercise of those precepts can, in certain situations, be applied to what, in forensic terms, is known as a ‘plea of lack of incompetence’.

Where a court of a Member State is seised of a claim which is principally concerned with a matter over which the courts of another Member State have exclusive jurisdiction by virtue of Article 22, it shall declare of its own motion that it has no jurisdiction.

1. Where a defendant domiciled in one Member State is sued in a court of another Member State and does not enter an appearance, the court shall declare of its own motion that it has no jurisdiction unless its jurisdiction is derived from the provisions of this Regulation.