ALYTUS PSYCHIC STRIKE BIENNIAL #6
AUGUST 18-23 /// 2015 /// RUGPJŪČIO 18-23

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وحدةDAMTP – DATA MINERS & TRAVAILEURS PSYCHIQUE WAHDAT وحدة

Dear All,

Dear law students,



You are kindly invited to take part in the oral hearing and court debate regarding an independent registration of „völkerrechtlischen Menschenrechtsschutzes“ by the „Kammergericht“ Berlin for third party advocacy.



This legally binding procedure under international human rights treaty procedural laws allows an indvidual or any third party who is not a national lawyer to carry out international treaty procedures on their behalf.



Our aim is to force the court to acknowledge that this is equally valid for buisness puposes for third party who are not state lawyers.



RA Federico Traine and Gaston Ebua ( Applicant/Antragsteller)

versus

Land Berlin which is representing Anwaltskammer Berlin.



Time: Wednesday 10. February 2016 at 9 am

Address: Berlin Administrative Court (Verwaltungsgericht Berlin-VG) Kirchstr 7, 10557 Berlin



Your presence is highly appreciated and will be a great support.

We hope many of you may come and be observers and make notes or protocol the hearing.

It is only the begining of a long process.

............................................................................................................................................................................

Short background:

This process has been pending for three years, since the application was introduced on 01 June 2013 following a communique from the Senatesverwaltung für Bildung, Jugend und Wissenschaft which led to an action for clarification. The court has proposed the case to be dropped serveral times through these years.



However the request to have a clarification about the status of having a „völkerrechtlischen Menschenrechtsschutzes“ services in Germany from the Berlin Administrative Court-VG it is still pending.



At the moment „völkerrechtlischen Menschenrechtsschutzes“ does not oblige applicants to use state or national lawyers, but this is made not lawful by the German Legal Services Act (known as Rechtsdienstleistungsgesetz-RDG) which regulates activities considered to be legal services.



Therefore it is presently not lawful in Germany to use services involving international law rights by any third party on behalf of indivduals who have given their consent or who may bring a case without such consent as prescribed by binding UN treaty bodies or conventions.



For instance, it will also not be lawful in Germany when an international treaty allows for third party repesentation,“where a person is in prison without access to the outside world or is a victim of an enforced disappearance. In such cases, the author of the complaint should state clearly why such consent cannot be provided“ (See Human Rights Bodies, 2016. Complaints Procedures-Who can complain? (online) Available at: http://www.ohchr.org/EN/HRBodies/TBPetitions/Pages/HRTBPetitions.aspx#individualcomm), accessed 30 January 2016).



Under the UN human rights law appraoch or system on treaty procedures likewise regional European Convention of Human Rights (ECHR) procedures' Article 34 dictates that, complaints by individuals may be brought by any third party and there is no obligation of a State Lawyer .



Additionally, it will be argued that this may restrict the Article 56 TFEU (EU law) provision for free movement of services as this is a „non regulated profession“. If allowed for it to be regulated without amending sections of the RDG, it could violate the EU free services provision for applicants within other EU member states wishing to pay for and to recieve the service(s).



Thank you in advance,



Ebua Gaston

(01.02.2016)

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