People Who Live in Glass Houses Should Avoid Throwing Rocks
The Commission is required to act on Dr. Lazaridis' petition within two months if it is to avoid litigation before the European Court of Justice that may substantially erode what sovereign authority remains with the European member states.
The petition requests that the Commission propose a Decision to the European Council to cover two scenarios of fundamental importance to people who find themselves fighting the same criminal charges in two or more member states.
In one scenario, there already exists a judgment issued by a competent court of a member state which specifically finds that one or more of the charges brought in different member states are materially equivalent. It is proposed that the requested Decision should directly effect the principle of ne bis in idem on the law of the case by declaring that all penal determinations of a judicial nature related to the charges that have been determined to be materially equivalent and that come into effect following the entry of the first final penal order in the case shall for all purposes be automatically null and void.
The proposed resolution would for the first time require member states to ignore certain orders issued by their own courts in favour of earlier final orders issued by the courts of other member states.
However, European countries have jealously guarded the last vestiges of sovereignty remaining with them in certain areas, especially in matters concerning criminal law.
Consequently Dr. Lazaridis is preparing for a long and difficult struggle. He is asking members of the European Parliament to support his petition, and has brought the matter to the attention of the highest levels of the Greek and French governments.
The caseload of the European Court of Human Rights demonstrates that serious violations of fundamental human rights occur much too often in the member states of the European Union.
Russia would do well to remind its European partners of the old saying that people who live in glass houses should avoid throwing rocks.
Emmanuel Lazaridis
