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Home arrow newsitems arrow Professor Cutajar to Eurofora on Paradise Papers scandal: Shaky Legal claims + No Transparency

Professor Cutajar to Eurofora on Paradise Papers scandal: Shaky Legal claims + No Transparency

Автор ACM
Четверг, 11 Январь 2018
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*Strasbourg/Press Club+International Kleber Library/Angelo Marcopolo/- At an event co-organized by Strasbourg's Press Club and International Kleber Library, University Professor Chantal Cutajar, (Experienced on Transborder Financial Crime, where she helped build a European Network funded by the EU: See http://www.eurofora.net/newsflashes/news/eusciencefundsimpact.html), presented Today a Legal Experts' Analysis on the still contentious Issue of so-called "Paradise Papers" Scandal, where Controversies are still going on Worldwide, and she resumed later (*) to "Eurofora" the main substance of that Topical Debate, where she was associated also with French Expert on Corporate Criminal Law, Philippe Marchessou, (a long-time "Eurofora"s aquaintance from Strasbourg's Faculty of Law) :

 
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  Cutajar is also Director of the European College for Financial Investigations and Financial Analysis of Crimes (see: http://www.eurofora.net/newsflashes/news/eucommissionerredingoneuprosecutorandtraining.html), as well as Head of GRASCO (the Group for Research and Action on Organized Crime), and her Research extends at a Wide area, including, f.ex., also "Cyber-Crime" via Internet, (See: http://www.eurofora.net/newsflashes/news/cyberattaksandeurules.html), etc.

 

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 -  Here, "the Problem is that some have Claimed that the <<Paradise Papers'>> Set up might be Legal", she told "Eurofora" from the outset.


 - "So, we organized a Discussion about that, with Experts on Corporate Law and Fiscal Law, where it was demonstrated that, in fact, all that, cannot be really legal"...


 - In particular, "since that is used in order to Avoid Fiscal Obligations, it canNot be Legal", she stressed.


 - "Such cases concern Both Individual Persons and Corporations".
 - Especially "when they use all possibilities of Corporate and Fiscal Law in order to Avoid Taxes", Cutajar pointed out.


 - F.ex., "it was demonstrated that this was used even by the Queen of England, or Hamilton who bought his Airplane withOut paying Added Value Tax, a Corporation which created a Subsidiary Company in order to Corrupt for obtaining Procurements, etc"...


 - A Key point in that is the "use of Off-Shore Companies" : F.ex., "in Organized Crime cases, Money Laundering is done via Off-Shore Companies, and in Tax Fraud, the Tool is Off-Shore Companies".

 

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 - That's why, "for me, My Struggle is for Transparency of Corporations. Because, as long as there is No Corporate Transparency, it will always be possible to do things in Secret", by abusing of procedures, "through a System of Intermediaries", etc., she Warned.


 - In Fact, all those who take Benefit from such shady moves, Bear at least a Responsibility for Faulty Negligence, if not for doing that on Purpose". Because "a Lawyer must Always Question the Aim of an Operation", Professor Cutajar underlined in Conclusion.

 

 

(../..)


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[(*) NOTE : "Eurofora" had been, Earlier, at a CoE's Event, organized on the Same Day and even Hour, at the Other Side of Strasbourg  : See adjacent Publication]
 
 
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  Ten Years of ECHR : 1998 - 2008 show need of Revival in 2009-2010 coinciding with 2009 EU Election
   

A threefold, coordinated move by new Top French Political actors in the 2009 EU Parliament Elections, expressed in Strasbourg a will to boost Europe's Political dimension close to Citizens' concerns, going from protection of Economy to defence of Human Rights.    

The move met an exceptional ECHR's call for a "revival" of Human Rights' protection mechanism', in a Mega-Conference, early 2010.   

Obviously focusing on June 2009 Elections to EU Parliament, it involved from the outset the recently nominated "dual" Head of French Governing Party (UMP)  Michel BARNIER and Rachida DATI :

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     - "As President Sarkozy has clearly said, we (France) are in favor of a Strong, Sovereign and Independent, Political Europe, which protects its Citizens, and not for a large Super-Market, nor for a Europe under influence",

    "This goes for everything, including Energy", added to "EuroFora" the experienced former EU Commissioner, Minister of Foreign affairs, currently of Agriculture and Sarkozy's new pick as Leader of the Governing party UMP to EU 2009 Election, Michel BARNIER                                              .                             

  - Human Rights are important because they are at the Heart of the Political Europe that we aspire for : I.e. a Europe able to act and protect its Citizens, stressed also the New French Minister for European affairs, Bruno LE MAIRE, while meeting Strasbourg's Journalists at his first visit to the CoE.   

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This is one of the main interests for CoE, which is also a natural place for cooperation between EU countries and Russia or Turkey, which was recently helpful at the Middle East crisis, he added.

The move gained momentum with French Minister of Justice, Rachida Dati's main observations at ECHR's 5Oth Anniversary :   

- "While we are seeking Europe's Borders and Identity, you (ECHR) remind us also of its Values", Human Rights, Dati noted.   

Citizens seek more and more often ECHR's help, and the tempo accelerates, Europa awaits a symbol, while national legal orders are not freezed   

And she expressed "support" to ECHR President Jean-Paul Costa's call to satisfy the vital need to revigorate the PanEuropean Court by deciding big changes at a High-Level Conference open to a large audience, a kind of "Etats Generaux" of Human Rights, at the beginning of 2010.       

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It's not so much the recently growing number of applications for Russia or Ukraine etc, which seems to be Costa's main concern : In fact, the cases declared "admissible" are much fewer...    

But rather the persistent violations of Human Rights, sometimes very grave (ie. murders, torture, abritrary deprivation of liberty, oppression of freedom of speech, destructions of homes/properties, etc), despite numerous, repeated condemnations by ECHR. So that CoE's Ministers, due to "supervise execution" of ECHR's judgements, are overloaded.   

F.ex. most Media noted that Turkey still remains, even in 2008, the 1st among 47 CoE member States in the number of condemnations by ECHR :  257, compared to 233 for Russia, with a population more than the double..    

The problem is that it's not the 1st time at all : During all the last Decade 1998-2008, Turkey was condemned by ECHR much more than any other State, and for particularly grave violations :   

- 1.652 condemnations, compared to 605 for Russia, 548 for Poland, 494 for France, 476 for Ukraine, etc.   

Italy's second place with 1.394 condemnations is a misleading false appearance : In fact, most of them (999) concern mere "procedural delays" in national courts. Same for France.   

On the contrary, Turkey was condemned 180 times for Killings, 192 times for Torture or Inhuman/Degrading treatments, 340 times for arbitrary deprivation of Liberty, 528 times for "Unfair trial", and 169 times for oppression of Freedom of speech, (etc). And the latest, 2008 numbers, indicate no change in this trend, (See supra).   

The current Spanish CoE Presidency (November 2008 - May 2009) has made of the implementation of ECHR's judgements its 1st Priority.   

ECHR's President, Jean-Paul Costa, stressed in its 2009 Annual Press Conference, CoE Member States' obligation to implement the judgements, according to Article 46 of the European Convention on Human Rights.   

Moreover, if CoE's Committee of Ministers delays to ensure implementation, then, the repetition of violations in similar cases provokes a multiplication of complaints tabled to the Court, which overload the mecanism for the protection of Human Rights, denounced Costa.          

A series of Debates on "the situation of Human Rights in Europe", focusing on the "need to fight against Impunity" of perpetrators of grave crimes, is  currently prepared by CoE's Parliamentary Assembly for the session of June 2009.  

The final Timing comes shortly AFTER the EU Elections, but the main Reports should have been adopted before.

Meanwhile, French President Sarkozy and German Chancelor Merkel's recent call "for a Political Europe" in 2009 EU Elections (See earlier "correspondence from Paris, Elysee Palace), seems more and more endorsed also by other EU Countries' Top MEPs :

Thus, f.ex., EU Parliament's 1st vice-President, Greek MEP Mrs Rodi KRATSA, speaking to "EuroFora", agreed that 2009 EU Election would be a "naturally good" opportunity to debate what really interests EU Citizens : "The Future of a Political Europe, able to face the Economic Crisis, with a Culture and identity which attracts the People"

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(Photo taken earlier during Sarkozy's 1st visit at EU Parliament, in 2007 : Sarkozy and Merkel's Ideas for a Political Europe inspire also other EU politicians accross the continent)..
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