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Home arrow newsitems arrow ECHR to hear Muslim Woman's plea against Sharia Law in EU Member Greece, while Erdogan visits

ECHR to hear Muslim Woman's plea against Sharia Law in EU Member Greece, while Erdogan visits

Written by ACM
Wednesday, 29 November 2017

 echr_entrance_detail_eurofora_400

*Strasbourg/Angelo Marcopolo/- While, for the 1st Time in 65 Years, a Turkey's President will be Visiting Greece, where he wants to meet also with a Muslim Minority of Greek Citizens at a Province, ECHR's Great Chamber will hold a Public Hearing on Sharia's applicability in Europe nowadays, Next Week in Strasbourg, after a Complaint lodged by a Muslim Woman with Greek Citizenship who asks to Protect her Family's Right Not to be Submitted to Islamic Sharia Law, even against their Freely and Clearly Expressed Will.


Her Husband had decided, in a Will signed in front of a Notary, to leave all his belongings to his Wife. But, after his Death, some Relatives sued his Widow to the Courts, claiming that Sharia Law should Exclude the ordinary Civil Law, and, therefore, he would Not be Free to Decide about his own Inheritance, since Sharia would be Imposed instead.


The only Property, included in the Disputed Heritage, which could be used as a Home, is the Half of an Appartment, while he Widow of the Deceased Man denounces that his Relatives ask, in fact, to get for them 2/3 of her Husband's belongings.


0n August 2016, ECHR raised 2 Questions, to all parties involved, about the Respect of Human Righs to "Fair Trial" and "Private Property", vis a vis such claims to Impose Sharia Law on EU Citizens of Muslim confession, even against their will, and by Excluding the ordinary Civil Law applicable to all other EU Citizens living in Europe.


Sharia Law has been remplaced by ordinary Civil Law even inside Turkey itself, already since the 1920ies, but Ankara's Authorities reportedly persist to Claim that it should apply, nevertheless, to all the Muslim Minority with Greek Citizenship living in Western Thrace, which is part of the EU.


In the Past, such Decisions affecting Citizens' Rights in Society, as Settlements of Disputes about Alimonies, Guardianship, Emancipation of Minors, Wills and Inheritance, in addition to Separations and Divorce, etc., had been reportedly assigned to the Competence of Civil Servants appointed and monitored by the State of Greece. But after the 1920ies, they were transfered to Muslim Muftis, even if they tresspassed their strictly Religious duties.


This was Later Doubled also by a Parallel, separate Dispute, about the Choice of Muftis for the Muslim Minority of Greek Citizens living in Western Thrace (Greece), while Muftis educated in Turkey (whenever they might, eventually, officiate afterwards inside Europe, USA, or elsewhere in the World), are notoriously Chosen, Trained, Appointed and Monitored by Ankara's Government, (instead of any Independent Religious Community).


Initially, the embattled Widow won her cases to the 1st and 2nd Level Greek Courts from 2008-2011, which defended her Husband's Right to Freely Decide to whom he wants to transmit his personal Belongings, according to the Ordinary Civil Law applicable to all EU Citizens in Europe, by evoking the principles of Equality and Non-Discrimination, Freedom, Private Property, etc.


But, Later on 2013-2015, the Highest Courts in Greece accepted he Husband's Relatives' claim that Islamic Sharia Law should be Imposed to all Greek Citizens of Muslim Confession living at the Western Thrace Province, argying that this would still result from the 1920 Treaty signed at Shevres (France) and the 1923 Treaty of Lausane, as ECHR noted.


Meanwhile, the current Prime Minister of Greece, Alexis Tsipras, has reportedly prepared Recently a Draft Law which Confirms all Greek Citizens' Right to use, in Equal conditions as all other EU Citizens, the ordinary Civil Law and Courts, if they wish so, without being Obliged to be Submitted to Islamic Sharia Law, unless Members of that particular Muslim Minority ask for it.


'''Controversies against Recent Claims to apply the Islamic Sharia Law in Europe have reportedly Emerged not only in Bosnia-Herzegovina (Western Balkans), but even in core EU Member Countries cush as Germany and France (where this was Strongly Rejected), as well as (even "Hotter") in the UK, etc, almost in Parallel with the Rise and Decline of "Islamic State"'s Deadly Terrorists, cowardly Targetting innocent Civilian People in systematic Brutal Aggressions, (Decapitations, Bombings, Mass Shootings, Car/Lorry crashes over pedestrians, Axe/Knife/Manchette Attacks, etc).


So that Next Week's ECHR Public Hearing in Strasbourg has attracted a quite Widespread Attention, both accross Europe and elsewhere in the World, as far as General Principles of Human Rights may be affected, judging by Press Articles published on that issue, and the 3rd Party Interventions of relevant NGOs, such as that of "Christian Concern" (UK), Helsinki Monitor for Greece (GHM), Hellenic League for Human Rights, etc., with written observations.


Erdogan (as well as his Government's Ministers) have been notoriously Hindered to Speek in Public Meetings of Turkish Immigrants recently in EU Countries such as the Netherlands, Germany, etc., after Harsh Criticism and various Troubles, but Foreign Minister Cavusoglou was authorized to do so inside a Building in France, and now the Turkish President asked and was authorized by Athens' Government to meet Greek Citizens of Muslim Confession at a Province located near the Borders between EU Members Greece and Bulgaria with Turkey, in Western Thrace, (North-East Greece).

 

(../..)


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 sarko_merkel_mieux

The official presentation of a "Program" respecting People's choices voted in the June 7, 2009 EU Elections, to be debated in EU Council and EU Parliament during its 1st Session on July in Strasbourg, is the No 1 Priority, according to Democratic principles, for the Franco-German axis, said the main winners at the ballot box, French President Nicolas Sarkozy and German Chancellor Angie Merkel.

They stressed  that the New EU Commission's President must have a "Program" in favor of an EU which "protects" its Citizens, regulates financial markets and aims at a "Political" Europe" : a wording they have used as incompatible with Turkey's controversial EU bid.

They also declared ready for a "political" endorsment of "Mr. Barroso's candidacy" in June's EU Council, considering that an official decision would have to be made after EU Parliament's debates and votes, possibly from next month (July), with the legally necessary final acceptance shortly after Lisbon Treaty's entry into force, hoped for September or October.


- "A Program, and Mr. Barroso" : This resumes, in substance, the anouncements made by Sarkozy and Merkel, on the question of current EU Commission's President, Barroso's declared wish to succeed to himself for a second mandate, to be extended during the following 5 years.

 In their 1st meeting after EU Elections, they observed that "the Franco-German axis counted in European Elections' campaign... But, we both keep a realistic view : We saw the number of those who abstained, and we must absolutely give them an answer. We also see the disilusionment of an important number of Europeans vis a vis Europe, and we are aware of the responsibilities we have".

sarko

 - The "Duty" of the new EU Commission's President, after June 7, 2009 EU Elections' result, "is to act for a Europe which protects the Europeans, to commit himself into working for a better Regulation of Financial transactions, ... and to have a Political will for Europe", underlined Sarkozy.

Therefore, "we have asked M. Barroso... to clarify, to officialy present the intentions he has", he anounced.

- "We want to speak also about the Programme", explained Merkel.

- "It's important that for the next EU Parliament's mandate (2009-2014) we take the right Decisions for Europe.  Obviously on Persons, but mainly Decisions on Issues", she stressed.

- "It's not simply a question of a Person, it's also a question of a Programme". We are "really asking Mr. Barroso to commit himself on a Program, and on Principles, on Values", Sarkozy added.

EU President-in-office, Czech Prime Minister Jan Fischer, accepted the Franco-German stance :

- "Barroso must present his Programme. The Czech Presidency agrees with that", Fischer reportedly said later, after meeting Sarkozy.

But Press reports from Brussels claimed that Barroso had preferred to be officially appointed by EU Council since June, (i.e. next week), "because this was implied by the current Treaty of Nice, according to him", and considered any delay until the possible ratification of the new, Lisbon Treaty on September/October, as "undemocratic".

- "At any case, independently of what Germany and France ask, it's also EU Parliament's wish". "We shall propose Mr Barroso's candidacy... But even in the framework of Nice Treaty, EU Parliament has to be associated in this Decision", the French President observed.

If this is correctly done, then "we support Mr. Barroso's candidature", and "if the (EU) Parliament agrees, we might ratify this decision since July", (i.e. next month), they both said.

smerkem_400

- "France and Germany support Baroso's candidacy, But we want to speak also on the Program. We believe that this Program should be established in close cooperation with EU Parliament, and that's why we have followed an appropriate way", said Merkel.  - If EU Parliament wants, this election can take place on July,  but this must be done in full agreement.

- "We shall support Mr. Barroso's candidacy, without doubt", said Sarkozy. "But we have asked from Mr. Barroso, as I told him yesterday, to put into detail.. his intentions, at the eve of his 2nd mandate, if the situation avails itself.


    France and Germany "don't want to take an Official Legal Decision by writting" during "the next (EU) Council" (on June 18-19), declared Sarkozy.  Because they prefer, at this stage, only "a Political decision" on June, "so that we (EU Council) can work together with EU Parliament", which starts to meet only Next Month, since July in Srasbourg, "leaving a Legal decision by writting for later".

    - "If the Conditions are fuillfiled in EU Parliament, we (EU Council) are ready to give the agreement and make it offficial", said Merkel

    - "But, now we are working in the base of Nice Treaty. If tommorow we want to work in the spirit of Lisbon Treaty, we have to find a proper way", she added.

    - "Of course it's Legally complicated, because we are going to make a Political proposal to the forthcoming Council, for an EU Commission's President, on the basis of Nice Treaty : So, we (EU Council) will not appoint the Commissioners. Only the President.  If EU Parliament agrees, it could endorse this position on July", explained Sarkozy.

    But, on Autumn, "if Ireland ratifies Lisbon Treaty, there will be, at any case, a 2nd Decision, to appoint the Commission's President, this time on the basis of Lisbon treaty, and then, we, the EU Member States, would have to appoint (also) the EU Commissioners", he added.

    As for the precise Timing :  - "Everything is suspended until the Irish vote... Now, we must all make everything possible to help Ireland to say "Yes"" to Lisbon Treaty... The Irish Referendum, ..will take place either on September or on October. It's a Question which depends on the Irish. And,  then, we shall have the Choice of the Candidates for the permanent Institutions of Europe".

    However, "if Ireland says No, we, French and Germans, have to assume our responsibilities, and we'll do so", he concluded.

    But British and Swedish governments were reportedly eager to have a final EU Council decision on Barroso since this month, on June's European Council. While the other EU Member Countries are divided, several of them preferring to wait until EU Parliament pronounces itself, on July, and/or until Lisbon Treaty might be ratified by Ireland at the beginning of the Autumn. Barroso's current mandate ends on November.

    There are also various, contradictory and/or unpredictable reactions inside EU Parliament vis a vis Barroso's wish to continue a 2nd mandate, because many MEPs are openly or secretly opposed, reluctant, or hesitating.

    In the biggest EU Countries, as France and Germany, EU Citizens voted on June 2009 EU Elections for a renovated, non-technocratic but Political Europe which cares for its Citizens, with an Identity, Values and Borders, declared incompatible with Turkey's controversial EU bid, by mainstream, pro-European Governing Parties. Similar choices were also supported in several other small or medium EU Countries.

    On the contrary, whenever, in other Countries, Governing and other mainstream Parties didn't make these choices or eluded them, EU Citizens massively voted for euro-Sceptics whenever they were the only ones to to promise anti-bureacratic change and oppose Turkey's demand to enter into the EU, (f.ex. in the UK, Netherlands, etc).

    It's seems to be an Open Question whether Sarkozy and Merkel's conditions will be really accepted by Barroso, who was appointed on 2004 in a different political context, (with Socialist Prime Ministers in Germany, France, etc), had rejected in the Past the idea of EU becoming "equal to the USA" as "ridiculous", and pushed for Turkey's contoversial EU bid, trying to "soften" or contain the changes desired by the People who voted for Merkel and Sarkozy with another policy vis a vis Turkey on 2005 in Germany and on 2007 in France, as they did all over Europe on 2009.

    In addition to many EPP Governments, it's 3 remaining Socialist Prime Ministers : Gordon Brown in the UK, Zapatero in Spain, and Socrates in Prortugal, who support Barroso, as well as Liberal Swedish Prime Minister Reinfeldt. But their Parties lost the June 2009 EU Elections.

    Questioned whether there was still "Time" for "other" possible "Candidates", Sarkozy and Merkel did not deny, nor made any comment on that, but simply said that "it's not for us to make publicity for any candidates. We anounced our choice ("A Program, and Mr. Barroso"). But we respect any other candidate".

    Among various other names cited are former Belgian Prime Minister Verhofstadt, former UNO's Human Rights Commissioner Mary Robinson of Ireland, Italian former EU Commission's vice-President Monti, etc. Meanwhile, Luxembourg's PM Juncker, (who had been unanimously accepted by EU Council for EU Commission's Presidency on 2004, but refused), announced his intention to resign from "EuroGroup"'s Chair. Thus, he might be available for another Top EU job.

    As "EuroFora"'s "opinion" said (See publication dated 9/6/09) : - "If the current candidates (i.e. Barroso, etc) to the Top EU jobs promise and guarantee to respect People's democratic choices, then, it's OK".

"Otherwise, Europe must find new candidates, really motivated and able to implement these democratic choices of the People."

    Because, "in Democracy, the forthcoming choices for EU's Top Jobs,...should be made according to EU Citizens' Votes in June 7, 2009 European Elections, and main EU Governments' strategic policies".
        

***

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