tag:blogger.com,1999:blog-10701792.post112235239885035738..comments2023-12-02T00:59:10.380+01:00Comments on England Expects: Tax power floats over the ChannelGawain Towlerhttp://www.blogger.com/profile/08583658895528269901noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-10701792.post-1122661135441210082005-07-29T20:18:00.000+02:002005-07-29T20:18:00.000+02:00My dear Aunt, surely you don't come here for reaso...My dear Aunt, surely you don't come here for reasoned arguement, surely just the very thought that one doesn't like the cut of the fellow's jib should suffice.Gawain Towlerhttps://www.blogger.com/profile/08583658895528269901noreply@blogger.comtag:blogger.com,1999:blog-10701792.post-1122648992313175422005-07-29T16:56:00.000+02:002005-07-29T16:56:00.000+02:00That's a horrid picture of Shiner and a terribly d...That's a horrid picture of Shiner and a terribly dashing picture of Mendonca in his dress uniform. <BR/><BR/>Nevertheless, we're not allowed to let people off just because we fancy them rotten.The Aunthttps://www.blogger.com/profile/14529168814096715981noreply@blogger.comtag:blogger.com,1999:blog-10701792.post-1122462953619148672005-07-27T13:15:00.000+02:002005-07-27T13:15:00.000+02:00The European Convention on Human Rights (and its p...The European Convention on Human Rights (and its protocols) is quite distinct from the EU's Charter of Fundamental Rights, although the latter is (in theory at least) based on rights already "guaranteed" by the former.<BR/>The ECJ has said that it will consider ECHR jurisprudence when interpreting the Charter. This means that the ECHR's decision that you do not have a right to withold taxes just because you disagree with the use to which they are being put, would carry weight if anyone was to try to bring a case before the ECJ on similar grounds - for example wanting to withold taxes because they have a moral objection to subsidising French farmers.<BR/>The British Government could still allow people to withold a proportion of their taxes (or to specify that they want their taxes to be earmarked for other purposes - as Oliver Letwin seemed to suggest before the election).<BR/>The ECHR decision on which Mr Justice Collins based his verdict represents a rare example of a European institution - in this case Council of Europe rather than European Union - deciding that an area of policy is properly the domain of nation states.<BR/>I really can't see how the judge saying that anyone wanting to challenge an ECHR decision should take it up with the ECHR means that he thinks that the EU should decide on how HMG collects and divides its tax take. The ECJ doesn't even sit in Strasbourg.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-10701792.post-1122459653362852852005-07-27T12:20:00.000+02:002005-07-27T12:20:00.000+02:00You are of course right that this is being sent to...You are of course right that this is being sent to the ECHR. BUt given the blurring of distinctions between the Charter of Fundamental Rights that fdinds its way into EU doculments and legislation on a daily basis, and the tendancy of the ECHR itself to see itself as part of the great project the dividing lmines are nolonger so certain.<BR/>However I am sure taht if Ms Booth could drag herself away from lucrative lecture tours of the far east she would be up for both jobs. It is easy to chase tanks if your husband is there to tell you where they will be in the first place.Gawain Towlerhttps://www.blogger.com/profile/08583658895528269901noreply@blogger.comtag:blogger.com,1999:blog-10701792.post-1122405040081810842005-07-26T21:10:00.000+02:002005-07-26T21:10:00.000+02:00Sorry to be picky but he's not talking about the E...Sorry to be picky but he's not talking about the EU or the ECJ at all. He says that the European Court of Human Rights has already considered the question of whether people have a right to withold taxes that would be used for military purposes and rejected the argument.<BR/>Given that the case was brought under Article 9 of the European Convention on Human Rights, any review of the original ECHR ruling must be done by the ECHR which is the highest court when it comes to interpreting the European Convention on Human Rights.<BR/>Mr Justice Collins should be congratulated for refusing to take the broadest possible interpretation of the ECHR as would normally be the case under Blair's Human Rights Act.<BR/>This is only slightly less remarkable than the fact that Ms Booth wasn't involved in a case brought against HMG on the basis of her husband's legislation.Anonymousnoreply@blogger.com