World
EU Council sued for approving Poland’s €35-billion COVID recovery fund
A key decision-making physique of the EU is being sued for its controversial resolution to approve Poland’s €35-billion COVID restoration plan.
The authorized motion targets the Council of the European Union, which is made up of presidency ministers from every member state.
It’s being introduced by 4 associations representing judges in Europe, who argue the council’s resolution fails to revive the independence of the Polish judiciary and disregards earlier rulings by the EU’s Court docket of Justice (CJEU).
Additionally they say the monetary approval places your entire bloc in danger, given the a number of, complicated authorized hyperlinks between all EU international locations.
“This resolution harms the European judiciary as a complete and the place of each single European choose,” the associations wrote in a press launch.
“All judges of each single member state are additionally European judges, having to use EU Regulation, in a system based mostly on mutual belief.”
The lawsuit was filed earlier than the CJEU in Luxembourg, which is entitled to assessment, and probably overrule, the legislative acts of different EU establishments.
The motion is backed by the Affiliation of European Administrative Judges (AEAJ), the European Affiliation of Judges (EAJ), Rechters voor Rechters (Judges for Judges), and Magistrats Européens pour la Démocratie et les Libertés (MEDEL), with the assist of the tutorial group The Good Foyer Profs.
The 4 associations are in search of the annulment of the council’s resolution, taken again in June constructing upon a suggestion issued by the European Fee.
Poland has not but obtained any COVID restoration funds from Brussels: the federal government is meant to fulfil a collection of agreed-upon milestones to adjust to EU legislation earlier than any cost is made.
The nation has requested €23.9 billion in grants and €11.5 billion in low-cost loans from the EU’s €750-billion restoration fund, established in 2020 to climate the fallout from the coronavirus pandemic.
The Polish authorities didn’t reply instantly reply to a request for remark.
A spokesperson from the Council of the European Union refused to touch upon an ongoing authorized continuing.
Milestones underneath scrutiny
Poland’s nationwide plan was blocked for greater than a 12 months over longstanding issues that judicial independence was being encroached upon.
The dispute between Brussels and Warsaw turned acrimonious and raised issues of a authorized “Polexit”.
On the core of the dispute was the disciplinary chamber of the Supreme Court docket, which in 2019 was empowered to punish magistrates for the content material of their rulings, for asking inquiries to the CJEU and for verifying that different courts are impartial and neutral.
Potential penalties included fines, wage cuts, suspension and the waiver of immunity.
The chamber was instantly condemned by opposition events, judges’ associations, the European Fee and the United Nations, who noticed the reform as a risk to the separation of powers.
Warsaw fought again, arguing the invoice was essential to remove the remnants of the communist regime, sort out corruption and enhance effectivity.
The CJEU concluded the chamber was not appropriate with EU legislation and requested for its dismantlement and the reversal of the suspensions in opposition to judges.
As Russia’s invasion of Ukraine started wreaking financial havoc throughout the continent, Warsaw relented and reached an settlement with Brussels to undo the reforms and step by step obtain the funds.
Underneath the deal, two important milestones have to be fulfilled earlier than any cost is made:
- Reform the disciplinary regime for judges and change its chamber with a brand new physique.
- Evaluation the instances of the judges affected by the rulings of the disciplinary chamber.
Relating to the primary demand, the Polish authorities has already closed down the disciplinary chamber and arrange its substitute: the chamber {of professional} accountability. Authorized specialists and EU officers have raised issues concerning the proposed physique and its shortcomings.
“This new legislation just isn’t guaranteeing that judges are capable of query the standing of one other choose with out risking being topic to disciplinary offence,” European Fee President Ursula von der Leyen mentioned in July.
The second milestone, the assessment of instances, has additionally confirmed contentious.
The CJEU had beforehand requested the reversal of a lot of the selections adopted by the chamber, a name echoed by President von der Leyen, who insisted reinstating the unlawfully dismissed judges was a necessary situation for the inexperienced mild.
However the last settlement between Brussels and Warsaw diluted this demand and turned it right into a easy assessment of instances, which can or could not result in the eventual reinstitution of judges.
The assessment can take as much as 12 months to be accomplished. This implies Poland will seemingly obtain the primary two tranches of restoration funds – and even perhaps the third – whereas judges stay underneath the results of a chamber deemed incompatible with EU legislation.
The European Fee negotiated an additional milestone to make sure the judicial assessment has being performed in keeping with EU authorized requirements, however the provision is not going to be triggered till the final quarter of 2023.
A Fee spokesperson mentioned the chief takes observe of the authorized motion launched by the 4 associations and that it stands “totally” behind the settlement with the Polish authorities, “which goals to boost the requirements on essential points of judicial safety.”
World
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World
Hamas' Gaza death toll questioned as new report says its led to 'widespread inaccuracies and distortion'
A new report cites a laundry list of alleged errors in the casualty tallies that the Hamas-run Gaza Ministry of Health has issued during the conflict in Gaza, and found that worldwide media widely report the inflated numbers with little or no scrutiny.
The Henry Jackson Society (HJS), a U.K. based think tank, found “widespread inaccuracies and distortion in the data collection process” for the Hamas-run Gaza Ministry of Health (MoH) which has resulted in a “misleading picture of the conflict.” The study also analyzed how journalists worldwide have spread misleading MoH data without noting its shortcomings or offering alternative information from Israeli sources.
The report’s author, Andrew Fox, a fellow at HJS said his team’s research is based on lists of casualty figures that the MoH has released through Telegram as well as lists released by the U.N. Office for the Coordination of Humanitarian Affairs. Fox said he and his team have been able to examine segments of the reporting, despite changeable MoH data being “really hard to interrogate.”
On Tuesday, Gaza health authorities updated its number of dead to what it said was more than 45,000.
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The report said the ministry’s reporting long indicated that women and children made up more than half of the war dead, leading to accusations that Israel intentionally kills civilians in Gaza.
“If Israel was killing indiscriminately, you would expect deaths to roughly match the demographic proportions pre-war,” Fox said. At the time, adult men made up around 26% of the Gazan population. “The number of adult males that have died is vastly in excess of 26%,” he said.
Within accessible reporting, Fox and his team also found instances of casualty entries being recorded improperly, “artificially increas[ing] the numbers of women and children who are reported as killed.” This has included people with male names being listed as females, and grown adults being recorded as young children.
Analyzing data by category has further highlighted biases within reporting. There are three kinds of entries within MoH’s casualty figures: entries collected by hospitals prior to the breakdown of networks in November 2023, entries submitted by family members of the deceased, and entries collected through “media sources,” whose veracity researchers like Dr. David Adesnik, vice president of research at the Foundation for Defense of Democracies, has previously questioned.
Analysis of gender breakdowns among these groupings shows that hospital records “are distorted,” with a higher percentage of women and children among hospital-reported casualties than in those reported by family members.
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Though around 5,000 natural deaths typically occur in Gaza each year, the study found that MoH casualty figures do not account for natural deaths. It claims that it also fails to exclude deaths unassociated with Israeli military action from its count. This includes individuals believed to have been killed by Hamas, like 13-year-old Ahmed Shaddad Halmy Brikeh, who appears on a casualty list from August despite reports indicating he had “been shot dead by Hamas” while trying to get food from an aid shipment in December 2023. The list also excludes individuals killed by Hamas’ rockets, about 1,750 of which “fell short within the Gaza strip” between October 2023 and July 2024.
Fox and his team also found individuals who died before the conflict began had been added to MoH casualty counts. In addition, at least three cancer patients whose names were included in lists to leave the Gaza Strip for treatment in April had been listed as dead during the month of March.
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The ministry does not separate combatants and civilians in its casualty figures. Though the study states that Israeli forces have killed around 17,000 Hamas terrorists, Fox said that his research indicated the death toll may include as many as 22,000 members of Hamas. He said his research supports the fact that around 15,000 of the dead in Gaza are women and children, and 7,500 are non-combatant adult males.
“Collecting these sorts of lists in a war zone is a hugely challenging thing,” Fox admitted, but he stated that the MoH’s mistakes, whether innocent or deliberate, show that the institution is “really unreliable.”
Despite this unreliability, the Henry Jackson Society’s survey of reporting of the conflict found that 98% of media organizations it looked at utilized fatality data from MoH versus 5% who cited Israeli figures. Fox found that “fewer than one in every 50 articles [about the conflict] mentioned that the figures provided by the MoH were unverifiable or controversial,” though “Israeli statistics had their credibility questioned in half of the few articles that incorporated them.”
As an illustration of the phenomenon witnessed in the survey, Fox pointed out what he called an “incredibly biased” article from a British broadcaster that recently emerged citing MoH data claiming that there have been more than 45,000 deaths in Gaza. Though its report mentions MoH data, it does not break down the numbers of combatants and civilians, and does not mention the questionable veracity of MoH reporting. Instead, it parrots MoH claims, reporting that women and children make up for over half of the fatalities.
“It’s just a great example of everything we’ve written in the report,” Fox said.
World
Arson at karaoke bar in Vietnam’s Hanoi kills 11, police say
Vietnam’s Ministry of Public Security says suspected perpetrator confessed to starting blaze after dispute with staff.
A suspected arson attack at a cafe and karaoke bar in Vietnam’s Hanoi has killed 11 people and injured two others, police have said.
Vietnam’s Ministry of Public Security said on Thursday that it had arrested a man who confessed to starting the blaze on the ground floor of the building following a dispute with staff.
Rescue workers who rushed to the scene brought seven people out of the building alive, two of whom were rushed to hospital, police said.
Footage that circulated on social media showed a multistorey building engulfed in flames as firefighters worked at the scene while surrounded by a crowd of onlookers.
“At that time, we saw many people screaming for help but could not approach because the fire spread very quickly, and even with a ladder, we could not climb up,” the Lao Dong newspaper quoted a witness as saying.
The Tien Phong newspaper quoted a witness as saying there was a strong smell of petrol at the scene.
“Everyone shouted for those inside to run outside, but no one called for help,” the witness said.
CCTV footage published by the VnExpress news site appeared to show a man carrying a bucket towards the cafe seconds before the blaze began shortly after 11pm (16:00 GMT) on Wednesday.
Fires are a common hazard in Vietnam’s tightly packed urban centres.
Between 2017 and 2022, 433 people were killed in some 17,000 house fires in the country, most of them in urban areas, according to the Ministry of Public Security.
In September last year, 56 people, including four children, were killed and dozens injured in a fire at an apartment block in Hanoi.
This October, a court in southern Binh Duong province jailed six people, including four police officers, over safety lapses related to a fire at a karaoke complex that killed 32 people in 2022.
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