Headline Legal News 2018/12/16 10:56
Greece violated a prohibition on discrimination by applying Islamic religious law to an inheritance dispute among members of the country's Muslim minority, the European Court of Human Rights ruled Wednesday.
The court, based in the eastern French city of Strasbourg, ruled Greece violated the European Convention on Human Rights by applying Sharia law in the case, under which a Muslim Greek man's will bequeathing all he owned to his wife was deemed invalid after it was challenged by his sisters.
The man's widow, Chatitze Molla Sali, appealed to the European court in 2014, having lost three quarters of her inheritance. She argued she had been discriminated against on religious grounds as, had her husband not been Muslim, she would have inherited his entire estate under Greek law.
The European court agreed. It has not yet issued a decision on what, if any, penalty it will apply to Greece.
"Greece was the only country in Europe which, up until the material time, had applied Sharia law to a section of its citizens against their wishes," the court said in its ruling.
"That was particularly problematic in the present case because the application of Sharia law had led to a situation that was detrimental to the individual rights of a widow who had inherited her husband's estate in accordance with the rules of civil law but who had then found herself in a legal situation which neither she nor her husband had intended."
Molla Sali's husband had drawn up his will according to Greek law, and both a first instance and an appeals court initially ruled in her favor in the dispute with her sisters-in-law. But further court decisions ruled that inheritance issues within the Muslim minority had to be dealt with under Islamic religious law, and the will was deemed invalid.
Legislation concerning minorities in Greece was based on international treaties drawn up in the 1920s following the wars that broke out in the aftermath of the Ottoman empire's collapse. Civil cases involving the 100,000-strong Muslim minority in northeastern Greece were dealt with under Islamic law and presided over by a single official, a state-appointed Muslim cleric, or mufti.
But in January this year, the Greek parliament voted to limit the powers of Islamic courts. The new law, which was backed by the country's largest political parties, eliminated rules referring many civil cases involving members of the Muslim community to Sharia law. It had been brought to parliament following Sali's complaint.
Legal Business 2018/12/15 11:01
French President Emmanuel Macron says the withdrawal deal on Brexit cannot be renegotiated and that it’s now up to the British Parliament to make the next move.
Macron spoke Friday after an EU summit and a one-on-one meeting with British Prime Minister Theresa May, seeking help from EU leaders to help her sell the deal to skeptical lawmakers.
Macron insisted “there is one accord, the only one possible,” adding “we cannot renegotiate it.” He told reporters that now it’s “the British parliament’s time” to decide whether to accept or reject it.
He said EU leaders are willing to “clarify and discuss” the accord, and said EU leaders at the summit sought to debunk “fantasies” about the so-called backstop for the Irish border.
Romania’s president is stressing how important it is for Romanians and other European Union citizens in the U.K. to have their rights respected after it leaves bloc.
In a meeting with British Prime Minister Theresa May in Brussels, Romanian President Klaus Iohannis said the divorce deal was “important... to guarantee the rights of (Romanians) who live, work or study in Britain.”
Iohannis said all EU citizens living in the U.K. should be treated in a non-discriminatory way, both those currently there and those who move there in the future.
Romania takes over the rotating presidency of the EU on Jan. 1. Britain’s departure from the bloc, scheduled for March 29, occurs on its watch.
Legal Business 2018/12/14 11:01
India's top court on Friday rejected petitions by activists seeking a probe into the government purchase of 36 Rafale fighter jets from France. Chief Justice Ranjan Gogoi said there was no reason to doubt the government's decision-making process in the multibillion dollar deal.
The purchase has become a major political issue in India with the main opposition Indian National Congress party accusing Prime Minister Narendra Modi's government of buying the aircraft at nearly three times the price being negotiated when it was the ruling party before Modi came to power in 2014.
The government has denied the claim but says a secrecy clause governs the deal's pricing. Gogoi said it was not the job of the court to deal with the comparative details of the pricing. Activist Prashant Bhushan, a petitioner, said he believes that the court verdict was against the country's interests.
"The aircraft deal needed a proper investigation in view of allegations about its pricing" and the choice of Indian partners, Bhushan said.
Congress party President Rahul Gandhi has accused Modi's government of favoring a company owned by industrialist Anil Ambani, Reliance Group, when choosing an Indian partner for Dassault, the aircraft manufacturer.
Randeep Surjewala, a party spokesman, demanded a probe by a joint parliamentary committee. The government has denied any wrongdoing. The Supreme Court said "there was no substantial evidence of commercial favoritism to any private entity" and there was no reason to interfere with the issues of procurement, pricing and partner.
The controversy has intensified following comments in October by former French President Francois Hollande — who was in charge when the deal was signed in 2016 + suggesting France had no say in selecting the Indian company.
Headline Legal News 2018/12/12 11:14
The Latest on the sentencing of Michael Cohen, a former lawyer for President Donald Trump (all times local):
The outspoken lawyer for porn star Stormy Daniels has turned up at the federal courthouse in Manhattan where Michael Cohen is scheduled to be sentenced for crimes including a hush-money payment to the performer.
Michael Avenatti represented Daniels in a legal dispute with Cohen in which she sought to be released from the non-disclosure agreement.
Avenatti has bashed Cohen for months on cable television, saying President Donald Trump's former lawyer deserves to go to prison.
Cohen's sentencing will begin Wednesday at 11 a.m.
Cohen pleaded guilty to evading $1.4 million in taxes, bank fraud and campaign finance violations.
Prosecutors say the $130,000 payment Cohen made to Daniels exceeded legal limits.
His lawyers say some of his crimes were motivated by overenthusiasm for Trump.
New York prosecutors have urged a judge to give Cohen substantial prison time.
Court News 2018/12/11 11:59
The Trump administration is asking the Supreme Court to allow enforcement of a ban on asylum for any immigrants who illegally cross the U.S.-Mexico border.
Two federal courts have temporarily blocked the policy President Donald Trump announced in November in response to caravans of migrants that were approaching the border. Last week, the federal appeals court in San Francisco said the ban is inconsistent with federal law and an attempted end-run around Congress.
The administration said in court papers filed Tuesday that the nationwide order preventing the policy from taking effect “is deeply flawed” and should be lifted pending an appeal that could reach the high court.
Trump’s proclamation is among measures that “are designed to channel asylum seekers to ports of entry, where their claims can be processed in an orderly manner; deter unlawful and dangerous border crossings; and reduce the backlog of meritless asylum claims,” Solicitor General Noel Francisco wrote in his Supreme Court filing.
Lee Gelernt, an American Civil Liberties Union lawyer representing immigrant advocacy groups challenging the asylum policy, said, “The Trump administration is asking the Supreme Court to short-circuit the normal judicial process and reinstate a blatantly unlawful policy.”
Justice Elena Kagan, who handles emergency appeals from California and other western states, called for a response from opponents of the asylum policy by midday Monday.
In the first court ruling on the issue, U.S. District Judge Jon Tigar said on Nov.19 that U.S. law allows immigrants to request asylum regardless of whether they entered the country legally.
The president “may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden,” the judge said in his order.
The ruling prompted Trump’s criticism of Tigar as an “Obama judge” and led to an unusual public dispute between Trump and Chief Justice John Roberts, who rebuked the president with a statement defending the judiciary’s independence.
Legal Business 2018/12/08 12:06
Robert Mueller is set to reveal more details about his Russia investigation on Friday as he faces court deadlines in the cases of two men who worked closely with President Donald Trump.
The special counsel and federal prosecutors in New York are filing court memos detailing the cooperation of longtime Trump legal fixer Michael Cohen, who has admitted lying to Congress and orchestrating hush-money payments to protect the president. And Mueller's team will also be disclosing what they say former Trump campaign chairman Paul Manafort lied about when his plea deal fell apart last month.
Cohen and Manafort are among five former Trump associates whom prosecutors have accused of lying either to federal investigators or to Congress.
The court filings will close out a week in which Mueller's team for the first time provided some details of the help they've received from former Trump national security adviser Michael Flynn. Prosecutors, who said Flynn's assistance was "substantial" and merited no prison time, disclosed that he had cooperated not only with the Russia investigation but also with at least one other undisclosed criminal probe.
The new details about Mueller's investigation are set to become public as Trump continues to lash out at the Russia investigation and those who help prosecutors. Trump singled out Cohen, accusing him of lying to get a reduced prison sentence. The president also praised another associate, Roger Stone, for saying he wouldn't testify against him, and Trump said a pardon for Manafort isn't off the table.