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Abu Qatada - EU Time Limit Convention

Perhaps someone more intelligent than I can explain why the UK is bound by an EU Time Limit Convention that they have NOT signed up to

Surely the basic tenant of any 'contract' is that the parties must have signed up to the agreement in the first place - otherwise there is no contract

Whilst probably not relevant in these circumstances, failure to sign up makes it impossible to calculate Article 5 from the contents of Artical 11 because presumably details of Artical 11 have not been officially supplied - this can only be done when the member state signs up, which clearly the UK has not

Therefore the UK is NOT bound by any arbitrary EU Time Conventions and as such the appeal may well be time expired

References:

http://conventions.coe.int/Treaty/Commun/QueVoulezVous.asp?NT=076&CM=8&CL=ENG

http://conventions.coe.int/Treaty/Commun/ChercheSig.asp?NT=076&CM=8&DF=&CL=ENG

http://conventions.coe.int/Treaty/en/Treaties/Html/076.htm

Article 5

Saturdays, Sundays and official holidays shall count when calculating a time-limit. However, where the dies ad quem of a time-limit before the expiry of which an act shall be performed is a Saturday, a Sunday, an official holiday or a day which shall be considered as an official holiday, the time-limit shall be extended to include the first working day thereafter.

Article 11

Each Contracting Party shall, when depositing its instrument of ratification, acceptance or accession, by a notification addressed to the Secretary General of the Council of Europe, specify which days are or shall, for the purposes of Article 5 of this Convention, be considered to be official holidays in its territory or in a part thereof. Any changes in respect of the particulars of such notification shall thereafter be notified to the Secretary General of the Council of Europe.

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20th Apr 2012 08:52

I wonder if it matters. The Court has the discretion to hear the appeal out of time and it will.

They don't like us for seeking to overturn their decisions and also for being English and not European 

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20th Apr 2012 10:57

Wait for the "racism" accusations

One word which terrifies the ruling classes - "racism".

The simple accusation or innuendo is enough to destroy lives, no proof needed.

If and when Abu Qatada is deported to face trial for his murderous acts, you can guarantee that accusations of racism and islamaphobia will start to fly.

For comparison, just look how easily a white English youth Gary McKinnon  with mental disabilities can be deported to the USA for hacking a computer?  Hardly a whimper of protest from anyone but his family. In fact he did the USA a favour by drawing their attention to a security weakness before terrorists found it.

It is time that we did as the rest of Europe does, and obeyed EU laws only when it suits us to.

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By BKD
20th Apr 2012 11:18

Oh dear

It's all sounding terribly familiar :(

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By nutwood
20th Apr 2012 12:28

The Court is a creation of

the Council of Europe which has nothng to do with the EU so why should EU  conventions be assumed to apply to it?

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