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Global Legal Monitor (GLM)
The Global Legal Monitor is an online publication from the Law Library of Congress covering legal news and developments worldwide. It is updated frequently and draws on information from the Global Legal Information Network, official national legal publications, and reliable press sources. You can find previous news by searching the GLM.
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Spain: Criminal law and procedure - Judges' Power to Prosecute Human Rights Crimes World-Wide Curtailed
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(July. 02, 2009) On June 25, 2009, the lower house of the Parliament of Spain approved a measure that would reform the principle of "universal jurisdiction," which the judiciary has observed since 2005, by limiting judges' discretion to prosecute crimes committed abroad. The reform is an amendment to a government bill aimed at modernizing Spain's court system and expediting the handling of cases. At present, Spanish judges can prosecute such crimes as genocide and human rights abuses wherever they occur. Some of the most recent examples of these prosecutions are cases brought against officials in the United States and Israel; perhaps the best known case was that prosecuted by Judge Baltasar Garzon against the former President of Chile Augusto Pinochet. (Spanish Lawmakers Vote to Curb Judicial Probes Abroad, EXPATICA.COM, June 26, 2009, available at http://www.expatica.com/es/news/spanish-news/-Spanish-lawmakers-vote-to-
curb-judicial-probes-abroad_53966.html.)
Although the judges will still be able to prosecute these and other types of crimes–e.g., war crimes, terrorism, piracy—committed around the globe, the reform requires that the suspects be in Spain or have affected a Spanish victim, or that there be proof of a "link with Spain." Moreover, a judge must temporarily halt the investigation "if a court from the country where the events took place or … the International Criminal Court decides to prosecute." (Agustin Yanel, Parliament Limits Spanish Justice Abroad, ELMUNDO.ES, June 26, 2009, World News Connection online subscription database, NewsEdge Document No. 200906291477.1_ba3b00611f8ca270.)
MP Gaspar Llamazares, of the United Left-Initiative for Catalonia-Greens, called the passage of the measure by the Congress of Deputies "a sad day for universal justice, for the defense of human rights, and for the victims," to be celebrated only by "the hawks of Guantanamo and Gaza." (Id.) Non-government organizations such as Amnesty International and Human Rights Watch were also critical of the government reform, as was the General Union of Workers. The latter issued a communiqué deploring the lack of a "transparent and public debate" on the reform measure before its adoption, and expressed the opinion that it "gives the clear message that Spain is more concerned about not upsetting certain powerful countries than about putting an end to the impunity enjoyed by some criminals." (Id.)
By contrast, Dolors Montserrat, a Popular Party MP, contended the reform was necessary, among other reasons, "to avoid 'diplomatic conflicts' caused by some Spanish rulings." Socialist Julio Villarrubia added that the measure was needed to adapt Spanish legislation to that of other European countries in regard to the universal justice issue. (Id.; see also Press Release, Congress of Deputies, El Congreso envía al Senado la reforma de la Ley Orgánica del Poder Judicial que modifica el tratamiento de la jurisdicción universal (June 25, 2009), available at http://www.congreso.es/portal/page/portal/Congreso/Congreso/SalaPrensa/N
otPre/2506091; Ley Orgánica 6/1985, de 1 de julio, del Poder Judicial [the law that is being amended], NOTICIAS JURIDICAS, http://noticias.juridicas.com/base_datos/Admin/lo6-1985.html (last visited June 30, 2009).)
- Author: Wendy Zeldin
- Topic: Criminal law and procedure
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China: Legislative power - The National People's Congress Abolishes Eight National Laws
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(July. 02, 2009) On June 27, 2009, the Ninth Session of the Standing Committee of the 11th National People's Congress (NPC) abolished eight national laws that are "out-dated" or "redundant." Their abolition took effect immediately.
This is the first time in the past more than 20 years that the top legislative body of China has cleared up a package of laws. Although the NPC Standing Committee made two earlier decisions with implications of clearing up laws, it was only in 1987 that it reviewed the 134 laws in effect at that time, which had been enacted between 1949 and the end of 1978, and announced a package of 111 as being ineffective.
As of March 2008, China had 229 effective laws, nearly 600 administrative regulations, and 7,000 local regulations. As China's social and economic reform goes further, some of the laws are "not applicable to the current economic and social development any more," according to Li Shishi, head of the Commission for Legislative Affairs of the NPC Standing Committee. Thus, beginning in July 2008, the NPC started to review all 229 effective laws. In addition to the decision passed on abolishing the eight laws, there was another proposal under discussion in this session that aimed to amend 141 provisions in 59 other statutes. The State Council, on the other hand, has been more active in clearing up regulations, rules, and other normative documents; it has done so 11 times in its history. (Focusing on the Top Legislature's Overall ClearingUp of Currently Effective Laws [in Chinese], XINHUANET, June 23, 2009, available at http://news.xinhuanet.com/politics/2009-06/23/content_11589737.htm.)
It was decided that four of the eight abolished laws, enacted in the 1950s. were outdated; the other four had been replaced by or had their substance contained in later laws. The eight abolished laws and their original promulgation dates are as follows:
1. The Organic Regulations on Police Stations (NPC Standing Committee, Dec. 31, 1954);
2. The Organic Regulations on Urban Neighborhood Offices (NPC Standing Committee, Dec. 31, 1954);
3. Regulations on the Use of State-Owned Wasteland and Barren Hills by Overseas Chinese (NPC Standing Committee, Aug. 6, 1955);
4. The State Council Decision on the Measures Establishing Schools with Donations by Overseas Chinese (approved by the NPC Standing Committee on Aug. 1, 1957);
5. Decision on Authorizing the State Council to Reform the System of Industrial and Commercial Taxes and Issue Relevant Draft Tax Regulations for Trial Application (NPC Standing Committee, Sept. 18, 1984);
6. Supplementary Provisions Concerning theIimposition of Punishments in Respect of Offenses of Tax Evasion and Refusal to Pay Tax (NPC Standing Committee, Sept. 4, 1992);
7. Provisions on Strengthening Inspection and Supervision of Law Enforcement (NPC Standing Committee, Sept. 2, 1993); and
8. Supplementary Provisions on the Severe Punishment of the Crimes of Organizing or Transporting Other Person(s) to Illegally Cross the National Border (Frontier) (NPC Standing Committee, Mar. 5, 1994).
(Decision of the National People's Congress Standing Committee on Abolishing Some Laws [in Chinese], XINHUANET, June 27, 2009, available at http://news.xinhuanet.com/politics/2009-06/27/content_11610979.htm.)
- Author: Laney Zhang
- Topic: Legislative power
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European Union: Health and safety - Bio-Preparedness
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(July. 02, 2009) In 2007, the European Commission issued a Green Paper on Bio-Preparedness to initiate consultation at the European Union level between national authorities responsible for risk prevention and response, especially those engaged in public health, customs, and bio-industry, and law enforcement authorities and professionals, to explore options for reducing risks posed by biological hazards and methods to improve preparedness. The Green Paper uses the term "preparedness" broadly to cover all issues, such as prevention, protection, prosecution of criminals or terrorists, surveillance, response, and recovery. It also includes measures to reduce the risk of intentional contamination of the food supply through biological agents. (Commission of the European Communities, Green Paper on Bio-Preparedness, COM (2007) 399 final (July 11, 2007), available at http://eur-lex.europa.eu/LexUriServ/site/en/com/2007/com2007_0399en01.pd
f.)
The consultation process led the European Commission to take concrete action in the field of bio-preparedness. On June 24, 2009, the Commission adopted a policy package on chemical, biological, radiological, and nuclear (CBRN) security. The package consists of a Commission Communication, an EU CBRN Action Plan, and a Commission Staff Working Document entitled "Bridging Security and Health." (Press Release, IP/09/992, EUROPA [gateway to the EU], The Commission Proposes a New Policy to Enhance Chemical, Biological, Radiological and Nuclear Security in the EU (June 24, 2009), available at http://europa.eu/rapid/pressReleasesAction.do?reference=IP/09/992&ty
pe=HTML&aged=0&language=EN&guiLanguage=en.)
The salient feature of the Commission's package is the CBRN Action Plan, which includes 133 measures based on the feedback obtained during the consultation process. In line with the recommendations and opinions submitted, the Commission's measures focus on three key areas: prevention, by ensuring that unauthorized access to CBRN materials becomes almost impossible; detection, through enhancing the capability to detect CBRN materials promptly; and preparedness and response, by being able to respond efficiently to and recover as quickly as possible from incidents involving CBRN materials. (Id.)
The Action Plan will be communicated to the Member States and their health and consumer officials will work out a consensus agreement at a future meeting. Implementation of the plan will begin in 2010. (Id.)
- Author: Theresa Papademetriou
- Topic: Health and safety
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- Jurisdiction: European Union
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France: Women - Creation of Commission to Study Wearing of Burqa
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(July. 02, 2009) On June 23, 2009, the Presidents' Conference of the National Assembly, which comprises all the presidents of that body's political groups, upon the proposal of the President of the National Assembly created a commission to study the wearing of the burqa or niqab in French territory. The decision was unanimous. (Assemblée Nationale, Conférence des Présidents, http://www.assemblee-nationale.fr/13/controle/mission_information_presid
ents.asp (last visited June 29, 2009). The burqa is a black or blue robe worn by Muslim women, especially in Afghanistan, covering the body from head to toe, with only a mesh screen over the eyes, while the niqab is typically a full-body veil with slits for the eyes. It is usually black.
The decision came after a group of 58 Members of the National Assembly, concerned about a growing number of women wearing burqas or niqabs in France, had called for an inquiry commission to be created on the subject. (L'Assemblée créé une mission d'information sur le voile intégral, LEMONDE.FR, June 23, 2009, available at Archives, through online subscription.) It was decided, instead of creating an inquiry commission, to create a study commission to exchange information and to hold a dialogue. The former has more powers but requires a vote of the National Assembly. The study commission will be put in place in July and should render its report in six months. (Id.)
In addition, on June 22, in a speech before both Chambers of Parliament, French President Nicolas Sarkozy addressed the issue and stated that "the problem of the burqa is not a religious problem. It is a problem relating to the freedom and the dignity of the woman. It is a sign of subservience, a sign of debasement. I want to solemnly say it: the burqa is not welcome in the territory of the French Republic." He further stated, "[w]e cannot accept in our country women prisoners behind a screen, cut off from any social life, deprived of identity. It is not the idea that we have of a woman's dignity." (Id.)
- Author: Nicole Atwill
- Topic: Women
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- Jurisdiction: France
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Taiwan / World Trade Organization: Government finance - Accession to Global Government Procurement Agreement
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(July. 02, 2009) Taiwan acceded to the World Trade Organization's Government Procurement Agreement (GPA) on June 8, 2009, which will make it the 41st party to the treaty once formal accession enters in force 30 days thereafter, on or about July 9. The GPA, which is administered by a Committee on Government Procurement, "was negotiated in parallel with the Uruguay Round in 1994, and entered into force on 1 January 1996." The Committee "includes the WTO Members that are parties to the GPA, and thus have rights and obligations under the Agreement." (The Plurilateral Agreement on Government Procurement (GPA), WTO website, http://www.wto.org/english/tratop_E/gproc_e/gp_gpa_e.htm (last visited June 26, 2009).)
Joining the Agreement will enable Taiwan firms to compete for bids on government projects abroad; such global government procurement opportunities reportedly are worth about US$960 billion per year, and it is estimated that Taiwan firms could garner about one percent of that business. According to an Executive Yuan (Cabinet) official, Taiwan is globally competitive in the manufacture of computers, machinery, and hand tools. The Public Construction Commission also plans to work with affected industries to improve their competitiveness. For example, it will help large construction firms to enhance their engineering techniques and management.
In return for being able to have its firms compete for global procurement projects worldwide, Taiwan's own government procurement market will have to be open to foreign bidders. According to official sources, however, foreign firms already have gained access to the domestic bidding process; "over the past two years, an average of 26 percent of contracts have been awarded to foreign bidders," and so "Taiwan's accession would not greatly affect domestic firms in the short term." (President to Sign GPA Accord, TAIWAN TODAY, June 8, 2009, available at http://taiwantoday.tw/ct.asp?xItem=52222&ctNode=448&mp=9.)
Nevertheless, to afford some protection to local firms, the government will establish a threshold on its contracts open to foreign bidders, below which their bids will not be accepted. For central government procurement of goods and services, the threshold will be NT$6.52 million (about US$198,000); for purchases by Taiwan Province, Taipei City or Kaohsiung City, the threshold will be NT$10.03 million (about US$305,000); for state-run enterprises, it will be NT$20.07 million. In addition, some projects involving the electrical grid will be closed to foreign bidders and certain rail projects will be open to them only conditionally. The GPA does not include defense procurement within the scope of projects open for global procurement activities. (Id.)
- Author: Wendy Zeldin
- Topic: Government finance
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- Jurisdiction: Taiwan / World Trade Organization
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