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Dutch court upholds Amsterdam’s ban on new tourist stores
Court Watch | 2018/12/19 18:48
The Netherlands’ highest administrative court has upheld an Amsterdam municipality ban on new stores in the city’s historic heart that sell goods specifically to tourists.

The Council of State ruling Wednesday is a victory for the Dutch capital’s attempts to rein in the negative effects of the huge number of visitors crowding its streets.

The court says that the ban on new tourist stores in downtown Amsterdam, which went into force in October 2017, doesn’t breach European Union rules.

The ban is aimed at halting the spread of stores selling products like mementos and cheese that cater almost exclusively to tourists. The municipality argues that they spoil the city for local residents.

Millions of tourists visit Amsterdam every year, leading to overcrowding of its narrow, cobbled streets and resident complaints.




Human rights court rules against Greece in Sharia law case
Court Watch | 2018/12/15 02:50
Greece violated a prohibition on discrimination by applying Islamic religious law to an inheritance dispute among members of the country's Muslim minority, the European Court of Human Rights ruled Wednesday.

The court, based in the eastern French city of Strasbourg, ruled Greece violated the European Convention on Human Rights by applying Sharia law in the case, under which a Muslim Greek man's will bequeathing all he owned to his wife was deemed invalid after it was challenged by his sisters.

The man's widow, Chatitze Molla Sali, appealed to the European court in 2014, having lost three quarters of her inheritance. She argued she had been discriminated against on religious grounds as, had her husband not been Muslim, she would have inherited his entire estate under Greek law.

The European court agreed. It has not yet issued a decision on what, if any, penalty it will apply to Greece.

"Greece was the only country in Europe which, up until the material time, had applied Sharia law to a section of its citizens against their wishes," the court said in its ruling.

"That was particularly problematic in the present case because the application of Sharia law had led to a situation that was detrimental to the individual rights of a widow who had inherited her husband's estate in accordance with the rules of civil law but who had then found herself in a legal situation which neither she nor her husband had intended."

Molla Sali's husband had drawn up his will according to Greek law, and both a first instance and an appeals court initially ruled in her favor in the dispute with her sisters-in-law. But further court decisions ruled that inheritance issues within the Muslim minority had to be dealt with under Islamic religious law, and the will was deemed invalid.



Sri Lanka court orders prime minister to refrain from duties
Court Watch | 2018/12/02 01:44
A Sri Lankan court on Monday ordered disputed Prime Minister Mahinda Rajapaksa and his ministers to refrain from carrying out their duties as it hears an appeal against them.

While the ruling by the Court of Appeal is an interim order, it is yet another setback for Rajapaksa, who has held on to the position of prime minister with President Maithripala Sirisena's backing despite losing two no-confidence votes.

The parliamentary speaker announced that Rajapaksa's government was dissolved after the passage of the no-confidence motions. Parliament has also passed resolutions to cut off funds to the offices of Rajapaksa and his ministers.

Still, Rajapaksa continued to function as prime minister, with Sirisena dismissing the no-confidence votes, saying proper procedures were not followed.

Rajapaksa said in a statement later Monday that he did not accept the interim order and would file an appeal early Tuesday with the Supreme Court, the country's highest court.

Sri Lanka has been in political turmoil since Oct. 26, when Sirisena sacked Prime Minister Ranil Wickremesinghe and appointed Rajapaksa in his place.



Poland moves to reinstate retired judges to Supreme Court
Court Watch | 2018/11/21 19:03
Poland's ruling party has submitted a draft law to parliament that would reinstate Supreme Court judges who were recently forced into early retirement.

The development comes a month after the European Union's top court ordered Poland to immediately stop applying a law that lowered the retirement age for Supreme Court judges, forcing about two dozen of them off the bench.

Poland has been in a standoff with the European Union for three years over attempts by the ruling populist Law and Justice party to impose control over the court system. The efforts have raised serious concerns over rule of law in the young democracy.

Wednesday's legislative initiative marks one of the first significant steps by Poland to comply with EU demands.



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