John Marques - Legal Company & Constitution Presentation

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John Marques - Legal Company & Constitution Presentation at Inaugural Meeting of the MSGI was held on the 16th January 2011 in the Sheraton Hotel, Athlone.

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  • In the tradition of their founders, we believe in the ethical values of honesty, openness, social responsibility and caring for others. Such legal entities have a range of unique social characteristics. Membership is open, meaning that anyone who satisfies certain non-discriminatory conditions may join. Economic benefits are distributed equally.
  • The Problem arises where the only procedure available is through the courts for a reference to the ECJ. Which means only a judge of the National courts can refer it if he/she wishes to, there is no obligation on the National courts to refer. It can be refused. You can not appeal the decision of non-refusal however one can appeal the courts findings and interpretation of the Regulation or Directive.
  • To register with the UN for the purpose of reporting on Human Rights and the right of the child.
  • We need to be part of this Working group. USFI will be used for the purpose of submitting the submission, USFI have had previous dealings with the UN. Time is against us.
  • Private Criminal Prosecution is not possible under the Constitution
  • Wording to be used for application for the ICC.
  • If any of these are breached then we have a case. Further more consistency of the law, “Law has to be clear concise and consistent”.
  • Magna Carta although not an authority in Ireland can be used in the principles of law and to help defining the Rule of Law.
  • To achieve these objectives we need the co-operation of every member to get as many men as we can possibly get for the class action. A working group needs to be set up for the ICC application the current people in this group is John Marques, Andries Van Tonder and Donnacha Murphy, we seek people with understanding of International Law, Criminal Law, European human Rights Laws.
  • John Marques - Legal Company & Constitution Presentation

    1. 1. Company Constitution<br />COMPANY LIMITED BY GUARANTEE <br />AND NOT HAVING A SHARE CAPITAL<br />MEMORANDUM<br />and<br />ARTICLES OF ASSOCIATION<br />
    2. 2. ARTICLES OF ASSOCIATION<br />MEMBERS<br />The number of members with which the Company proposed to be registered is 7 (up to 25) but the Directors may from time to time register an increase of members<br />The subscribers to the Memorandum of Association and such other persons as the Directors shall admit to membership shall be members of the Company.<br />The rights and liabilities attaching to any Members of the Company may be varied from time to time by a Special Resolution of the Company.<br />
    3. 3. Identity<br />Cooperatives are based on the cooperative values of "self-help, self-responsibility, democracy and equality, equity and solidarity" and the seven cooperative principles.<br />Voluntary and Open Membership<br />Democratic Member Control<br />Member Economic Participation<br />Autonomy and Independence<br />Education, Training and Information<br />Cooperation among Cooperatives<br />Concern for Community<br />
    4. 4. DIRECTORS<br />The number of Directors and the names of the first Directors shall be determined in writing by the subscribers if the Memorandum of Association or a majority if them.<br />
    5. 5. BODIES CORPORATE ACTING BY REPRESENTATIVES AT MEETINGS.<br />Any body corporate which is a member of the Company may by resolution of its directors or other governing body authorise such persons as it thinks fit to act as its representative at any meeting of the Company, and the person so authorised shall be entitled to exercise the same powers on behalf of the body corporate which he represents as that body corporate could exercise if it were an individual member of the Company.<br />
    6. 6. VOTING ON CONTRACTS<br />A Director may not vote in respect of any contract in which he is interested or any matter arising thereout.<br />
    7. 7. Ideas<br />Up to 25 Directors:<br />Principle member of each established Group to be made a director which will be called the board of directors.<br />All directors shall be Garda vetted (due to the nature of our business).<br />There will be three categories:<br />Primary members (Principle directors)<br />Secondary members (2 members elected by the principle groups forming the company)<br />Tertiary members (members of groups, (others that have not been elected by the principles) independents and unestablished groups.)<br />Established groups need to be registered (not necessary have charitable status but need to put measures in place to be charitable groups).<br />
    8. 8. Ideas<br />Voting:<br />Each director on the board will carry one vote each regarding the running of the company.<br />Primary and Secondary members carry one vote each regarding policy change etc. <br />Primary members shall vote to appoint a general manager and sectary (these two posts will be permanent posts or as the board should see fit eg a contract for a determined period of time). <br />General (AGM) voting- 75% vote is required to pass and resolution, motion that is put forward (Registered paid up Members)<br />Primary and Secondary members shall not hold salary paying positions in the company.<br />
    9. 9. Ideas<br />Capital:<br />We will get a consensus for an amount that the board can vote on for spending. E.g. €1000.00 anything above that then Primary and Secondary need to vote on.<br />All members’ remuneration shall be €0.00 (including the board of directors).<br /> General Manager shall receive a salary according to the board’s direction and any other staff required to run the office.<br />All vacancies will be offered to Registered paid members (not Primary or secondary) first before going to the public.<br />
    10. 10. Ideas<br />Powers:<br />General Manager shall not be members of Primary and Secondary members.<br />General Manager’s powers will be inferred on him/her by the board. E.g. hire and fire of office staff, hiring to be justified to the board.<br />Dismissal of any member or employee for misconduct shall be in accordance to employment legislation (level of offences will be set out later).<br />
    11. 11. Ideas<br />Non Profiteering of members:<br />No member shall be favoured for any contract that would financially be profitable to him/her where there might be a tender cheaper than him/her. <br />There is no restriction on members tendering for any contract issued by the company. <br />We will endeavour to supply all groups with equal amounts of support from the company.<br />
    12. 12. European Court of Justice<br />Article 234<br />Court of First Instance now has jurisdiction under article 225(3)<br />it may refer up to the ECJ if it feels that there are issues of principle that will affect the unity or consistency of EC law<br />not an appellate system<br />only the national court can make the decision to refer<br />
    13. 13. Provisions Which Can Be Referred<br />interpretation of the Treaty<br />validity and interpretation of acts of the institutions of the Community and of the ECB<br />the interpretation of the statutes of bodies established by an act of the Council, where those statutes so provide<br />
    14. 14. Courts or Tribunals Which Must Refer<br />article 234 distinguishes between courts or tribunals which 'may' refer and those which 'must' refer<br />article 234(2): 'may'<br />article 234(3): 'against whose decisions there is no judicial remedy under national law'<br />rationale for article 234(3): to prevent a body of national case law that is not in accordance with EC law from being established in any member state.<br />
    15. 15. Reason of Urgency<br />UNITED NATIONS<br />Who is Eligible?<br />To be eligible for consultative status, an NGO must have been in existence (officially registered with the appropriate government authorities as an NGO/non-profit) for at least two years, must have an established headquarters, a democratically adopted constitution, authority to speak for its members, a representative structure, appropriate mechanisms of accountability and democratic and transparent decision-making processes. The basic resources of the organization must be derived in the main part from contributions of the national affiliates or other components or from individual members. <br />
    16. 16. UNITED NATIONS<br />Organization name <br />AIM GROUP FOR FAMILY LAW INFORMATION, MEDIATION AND COUNSELLING <br />BANULACHT<br />Bill Woodley Mt Kenya Trust <br />BOTHAR-Helping People To Help Themselves <br />Brighter Future Nepal <br />Camara Education <br />Celtic League <br />CHERNOBYL CHILDREN S PROJECT INTERNATIONAL <br />COFORD - The National Council for Forest Research & Development<br />Comhlamh, Development Workers in Global Solidarity Ireland <br />Community Workers Co-operative <br />COUNCIL FOR THE STATUS OF WOMEN <br />Development Education for Youth <br />DOCHAS <br />Ducuum <br />Feasta <br />Feasta (Foundation for the Economics of Sustainability) <br />Focus on Children <br />Front Line, The International Foundation for the Protection of Human Rights Defenders<br />GLOBAL ALLIANCE FOR RURAL DEVELOPMENT <br />GLOBAL WOMEN'S NETWORK <br />Human Life International (Ireland) <br />International Alliance of Catholic Knights <br />International Association of Genocide Scholars <br />International Bodyguard Assocaiton<br />
    17. 17. UNITED NATIONS<br />Submissions in relation to the 17 countries scheduled to be reviewed at the twelfth session of the Working Group on the UPR (3-14 October 2011) should be sent to the above-indicated address by:<br />21 March 2011 for submissions on Timor Leste, Trinidad and Tobago, Bolivarian Republic of Venezuela, Antigua and Barbuda, Iceland, Ireland, Lithuania, Moldova and Haiti*<br />"Please note that the page limit for submissions is 5 pages when submitted by individual stakeholders, and 10 pages when submitted by large coalitions of stakeholders."<br />"Please, note that all UPR submissions must be submitted and received on the day of the given deadline. Late submissions will not be considered."<br />
    18. 18. European Conference of Prosecutors 2008 - Saint Petersburg (Russian Federation)<br />Prosecution in Ireland <br />Irish independence after 1922 including the establishment of the office of Attorney General on a constitutional basis in 1937<br />(Article 30 of the Constitution of Ireland)<br />In this connection Recommendation 1604(2003) of the Parliamentary Assembly of the Council of Europe on the role of the public prosecutor’s office in a democratic society governed by the rule of law is of great importance. <br />
    19. 19. Recommendation referring to the non-penal law responsibilities of prosecutors, declares <br />“it is essential: <br />that any role for prosecutors in the general protection of human rights does not give rise to any conflict of interest or act as a deterrent to individuals seeking state protection of their rights; <br />b. that an effective separation of state power between branches of government is respected in the allocation of additional functions to prosecutors, with complete independence of the public prosecution from intervention on the level of individual cases by any branch of government; and <br />c. that the powers and responsibilities of prosecutors are limited to the prosecution of criminal offences and a general role in defending public interest through the criminal justice system, with separate, appropriately located and effective bodies established to discharge any other functions;” <br />
    20. 20. International Criminal Court<br />Focus on criminal<br />Fraud intending to pervert the course of justice<br />Fabricating Evidence intending to pervert the course of justice<br />Withholding Evidence intending to pervert the course of justice<br />Perverting the course of justice<br />Coaching a child intending to pervert the course of justice<br />Child Abuse<br />Kidnapping<br />(the investigation may reveal other offences)<br />Focus on private criminal prosecution <br />
    21. 21. Elements of Crimes<br />Article 6 Genocide <br />Introduction <br />6 (b) Genocide by causing serious bodily or mental harm <br />6 (c) Genocide by deliberately inflicting conditions of life calculated to bring about physical destruction <br />6 (d) Genocide by imposing measures intended to prevent births <br />6 (e) Genocide by forcibly transferring children <br />Article 7 Crimes against humanity <br />Introduction <br />7 (1) (b) Crime against humanity of extermination <br />7 (1) (c) Crime against humanity of enslavement <br />7 (1) (d) Crime against humanity of deportation or forcible transfer of population <br />7 (1) (e) Crime against humanity of imprisonment or other severe deprivation of physical liberty <br />7 (1) (f) Crime against humanity of torture <br />7 (1) (h) Crime against humanity of persecution <br />7 (1) (j) Crime against humanity of apartheid <br />7 (1) (k) Crime against humanity of other inhumane acts <br />
    22. 22. Magna Carta (1297)<br />XXIX. Imprisonment, &c. contrary to Law. Administration of Justice. NO Freeman shall be taken or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed; nor will We not pass upon him, nor [X5condemn him,] but by lawful judgment of his Peers, or by the Law of the Land. We will sell to no man, we will not deny or defer to any man either Justice or Right.<br />
    23. 23. Aims & Objectives<br />To submit report to UN (March 2011)<br />Get Affidavits (100 plus) for class action, ICC<br />Application to be made in October 2011<br />Complaints to be made to the EU Commission.<br />Must be done in one concentrated effort.<br />
    24. 24. With forming this Group, comes a sacred responsibility to protect to defend to value the Rights of fathers and Children above our own should the system fail them,<br />What of their free will?<br />It has always fallen to a few to sacrifice for the good of many,<br />the world isn’t a perfect place but perhaps people like us can make a difference.<br /> <br />Thank you.<br />

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