The European Criminal Court Act

Authored by: Councillor James Tournary [POR], High Court Justice Justin Olatos [POR], [UK] Rachel
Reeves

Article 1 Preamble
Section I Definitions
(a) The European Criminal Court shall henceforth be known as the ECC and is defined as the
legal entity and corporation in which these powers are vested.
(b) A Criminal Justice shall be defined as a member of the ECC whom has the right to use the
powers vested to the ECC by this honourable council.
(c) A Regional Dispute shall be defined as a conflict of interest or infringement upon an act of
the council, regarding two or more member states of the European Union.
Section II Purpose of the Act
(a) This act sets forth to establish a body for dealing with regional transgressions which are not
infringements upon the Constitution of the European Union but are infringements upon one
of the acts of the Council.
(b) This act in no way contravenes the right of national governments and justice services to deal
with national matters and is not a Court of Appeal for National Criminal Proceedings but is
restricted to acting upon Regional Disputes

Article 2 The Actions of the ECC

Section I Powers of the ECC
(a) The ECC may only intervene when requested by a member state of the European Union, as
such any requests for proceedings must be made in the name of the State to which the
Prosecuting body belongs.
(b) The ECC may issue warrants to request the presence of a Citizen of the European Union
before the court.
(c) The ECC may request access to national judicial databases or information for evidence of
previous convictions of those presented before the court.
(d) A decision of the ECC must be accepted by national governments and must be upheld by
these national governments.
(e) The ECC may penalise members or bodies of the European Union with: unlimited fines, penal
servitude within a member state of the European Union - upon the agreement of that
member state, sanctions against a member state or business that must be obeyed by all
member states of the European Union or temporary suspension of liberties (ie freedom of
movement) or any combination of the above.
(f) In the event of cases involving Military actions, or war crimes, the ECC shall be presented
with sensitive military information upon request in a closed court where media and other
bodies cannot attend.

Section II - Members of the ECC

(a)
(b)
(c)
(d)
(e)
(f)

(g)
(h)
(i)
(j)

The ECC shall consist of 3 Justices and a Permanent Secretary of the ECC
Each Justice shall be elected to serve a term of 3 months
Elections for a justice shall be overseen by the Permanent Secretary of the ECC
Each nation is restricted such that only one member of their state may serve on the ECC at
any one time
A nation is further restricted to a maximum of 2 terms before a term break must be taken
The permanent secretary of the ECC shall be elected by the European Council, within 3 days
of the bill taking effect all interested parties must notify the Council, the following 10 days
will be used for the voting of these parties the vote shall be first past the post.
The nation of the Permanent Secretary may not put forward candidates for the ECC
The Permanent Secretarys role will be solely administrative.
Nations whom are members of the ECOJ and the European Commission may not put forward
a candidate for either role.
The term of the Permanent Secretary shall end under the following circumstance: The
Secretary retires or a Motion of no confidence is put before the European Council and
receives a super-majority of 75%
Section III Court proceedings of the ECC

(a) Any prosecuting nation must petition the Permanent Secretary for the ECC with any
evidence and as much details as possible.
(b) The Permanent Secretary will then notify the Justices of the ECC to ask whether any are
willing to take the case on A Justice of a nation involved is unable to take the case on.
(c) The approval of a justice will be announced by the Permanent Secretary and all parties will
be request before the court on an arranged date.
(d) In the Court the following events must occur for the case to be valid:
Opening statements
Presentation of arguments and evidence
Cross examination of opposing arguments
Closing statements
(e) The Justice will then announce the closure of the court and within 24 hours will announce
the result and, if applicable, and convictions.
(f) Should the nation believe it necessary, they may appeal, they must launch a request of
appeal to the Permanent Secretary, and another judge may then take up the case.
(g) Should a case last longer than the term of an ECC Justice, the Justice will continue until the
end of the case alongside the new justice assigned, the new justice will then decide the
result and any convictions.