|
|
|
Court rules Puigdemont must return to Spain for re-election
Court Line |
2018/01/25 18:19
|
Spain's top court said Saturday that Catalonia's fugitive ex-president must return to the country and be present in the regional parliament to receive the authority to form a new government.
The Constitutional Court ruled that a session of Catalonia's parliament scheduled for Tuesday would be suspended if former leader Carles Puigdemont tries to be re-elected without being physically present in the chamber.
The court also said that Puigdemont must seek judicial authorization to attend the session.
Catalonia's separatist lawmakers have been considering voting Puigdemont back in as regional chief without him returning from Belgium, weighing options that included another parliament member standing in for him or him addressing the lawmakers via video.
The separatist leader fled Spain after the regional parliament made an unsuccessful declaration of independence on Oct. 27 in violation of Spain's Constitution. He is wanted in Spain on possible rebellion and sedition charges and is likely to be arrested if he returns.
The court, in a unanimous decision of the 11 magistrates present, said that the investiture of Puigdemont would be suspended without the previous authorization of a judge, "even if he is physically in the chamber."
That specification comes amid speculation that Puigdemont could try to slip back into Spain and sneak past police into the Barcelona-based parliament to be re-elected. Spain's Interior Minister, Juan Ignacio Zoido, said this week that police were increasing surveillance to ensure that doesn't happen.
The court also ruled that neither Puigdemont nor the four other former members of his Cabinet who also fled to Belgium to avoid a judicial summons three months ago could delegate their vote for Tuesday's session in another candidate.
|
|
|
|
|
|
|
Court rules that Kushner firm must disclose partners' names
Court Line |
2018/01/25 01:19
|
A federal judge ruled Friday that the family company once run by Jared Kushner isn't allowed to keep secret the identity of its business partners in several Maryland properties.
A U.S. district judge in the state rejected the argument that the privacy rights of the Kushner Cos. partners outweigh the public interest in obtaining judicial records in a lawsuit before the court. The decision means the company tied to President Donald Trump's son-in-law might be forced to provide a rare glimpse into how it finances its real estate ventures.
The ruling backed the argument by The Associated Press and other news organizations that the media has a "presumptive right" to see such court documents and the Kushner Cos. had not raised a "compelling government interest" needed by law to block access.
U.S. District Court Judge James K. Bredar ruled that Westminster Management, a Kushner Cos. subsidiary, must file an unsealed document with the identity of its partners by Feb. 9.
The ruling stems from a lawsuit filed by tenants last year alleging Westminster charges excessive and illegal rent for apartments in the state. The lawsuit seeks class-action status for tenants in 17 apartment complexes owned by the company.
Westminster has said it has broken no laws and denies the charges.
In addition to its privacy argument, the Kushner subsidiary had said media reports of the Maryland dispute were "politically motivated" and marked by "unfair sensationalism." Disclosure of its partners' names would trigger even more coverage and hurt its chances of getting an impartial decision in the case, it had said.
In Friday's ruling, the judge said these are not "frivolous concerns," but the public's right to know is more important.
|
|
|
|
|
|
|
Supreme Court to hear sales tax collection case
Court Line |
2018/01/16 14:39
|
The Supreme Court agreed Friday to wade into the issue of sales tax collection on internet purchases in a case that could force consumers to pay more for certain purchases and allow states to recoup what they say is billions in lost revenue annually.
Under previous Supreme Court rulings, when internet retailers don't have a physical presence in a state, they can't be forced to collect sales tax on sales into that state. Consumers who purchase from out-of-state retailers are generally supposed to pay the state taxes themselves, but few do. A total of 36 states and the District of Columbia had asked the high court to revisit the issue.
Large brick-and-mortar retailers like Walmart and Target have long bemoaned the fact that they have to collect sales tax on online purchases because they have physical stores nationwide. Meanwhile, smaller online retailers, who don't have vast networks of stores, don't have to collect the tax where they don't have a physical presence.
Internet giant Amazon.com fought for years against collecting sales tax but now does so nationwide, though third-party sellers on its site make their own decisions. But the case before the Supreme Court does directly affect other online retailers, including Overstock.com, home goods company Wayfair and electronics retailer Newegg, who are part of the case the court accepted.
States say the court's previous rulings have also hurt them. According to one estimate cited by the states in a brief they filed with the high court, they'll lose out on nearly $34 billion in 2018 if the Supreme Court's previous rulings stand. The Government Accountability Office, which provides nonpartisan reports to Congress, wrote in a report last year that state and local governments would have been able to gain between $8.5 billion and $13 billion in 2017 if they could require out-of-state sellers to collect tax on sales into the state. All but five states charge a sales tax. |
|
|
|
|
|
|
Jailed Catalan separatists pledge to eschew unilateral moves
Court Line |
2018/01/11 14:40
|
Three backers of Catalonia's independence sought Thursday to get released from jail for their role in the region's push to break from Spain, which triggered the country's worst political crisis in decades.
Former Catalan interior minister, Joaquim Forn, Jordi Sanchez, a member of pro-independence civic group National Catalan Assembly, and Catalan activist Jordi Cuixart made their cases to a Spain Supreme Court judge. A ruling from Judge Pablo LLarena is not expected Thursday.
Forn was one of several regional ministers jailed on provisional charges of rebellion after the regional parliament unilaterally — and unsuccessfully — declared Catalonia an independent republic Oct. 27.
The action prompted the Spanish government in Madrid to remove the region's government from office, dissolve the parliament and call a fresh election that was held last month.
Sanchez and Forn were elected on separatist party tickets, but the Spanish government still is running Catalonia.
Sanchez and Cuixart had been jailed earlier on provisional sedition charges related to preparations for an Oct. 1 independence referendum, which Spain's Constitutional Court had suspended.
All three supporters of Catalan independence told the judge they would oppose further unilateral moves to secede and act in accordance with Spanish law, according to lawyers familiar with the proceedings.
The lawyers requested anonymity because they weren't authorized to discuss what was said during the closed-door hearings.
The lawyers said Sanchez acknowledged that the Oct. 1 referendum was not legally valid. Forn, who as interior minister oversaw Catalonia's security and its regional police, said he would not accept the post again, if he were asked to.
Developments surrounding Catalonia have gripped Spain for months, and the tumult is showing no sign of letting up before the new parliament's first session on Wednesday.
|
|
|
|
|
|
|
Greece to limit Sharia law after European Court challenge
Court Line |
2018/01/07 14:41
|
Lawmakers in Greece are set to limit the powers of Islamic courts operating in a border region that is home to a 100,000-strong Muslim minority.
Backed by parliament's largest political parties, the draft law is set to be voted on later Tuesday. The proposal aims to scrap rules dating back more than 90 years ago and which refer many civil cases involving members of the Muslim community to Sharia law courts. The new legislation will give Greek courts priority in all cases.
The changes — considered long overdue by many Greek legal experts — follow a complaint to the Council of Europe's Court of Human Rights over an inheritance dispute by a Muslim woman who lives in the northeastern Greek city of Komotini.
Legislation concerning minority rights was based on international treaties following wars in the aftermath of the Ottoman empire's collapse. The Muslim minority in Greece is largely Turkish speaking. Minority areas were visited last month by Turkish President Recep Tayyip Erdogan.
Greek governments in the past have been reluctant to amend minority rights, as many disputes between Greece and Turkey remain unresolved.
Currently, Islamic court hearings are presided over by a single official, a state-appointed Muslim cleric.
In parliament Tuesday, Constantine Gavroglou, minister of education and religious affairs, praised opposition party support for the bill.
|
|
|
|
|
|
|
Law Firm & Attorney Directory |
| Law Firm PR News provides the most current career information of legal professionals and is the top source for law firms and attorneys. |
| Lawyer & Law Firm Directory |
|
|
Law Firm PR News RSS
