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Legal news from Sunday, May 29, 2005




Europe in crisis after French rejection of EU constitution
Bernard Hibbitts on May 29, 2005 6:02 PM ET

[JURIST] Political leaders and observers across Europe were staggered late Sunday by the apparently-massive French rejection [JURIST report] of the proposed European Constitution [official website]. The document, drafted by a European constitutional commission headed by former French President Valery Giscard d'Estaing and strongly endorsed by current President Jacques Chirac and most of the French political and media establishment, went down to defeat at the hands of what pollsters described as an unusual collection of less educated, rural, younger and more leftist voters who for various reasons felt disaffected by a document and a process that was largely presented to them as a "fait accompli" with no alternative. The defeat of the constitution in France - a founding member of the EU and one of the two great powers with Germany at the heart of continental Europe - is an undeniable body-blow to the ratification process and throws into grave doubt the current constitutional document which must be ratified by all 25 EU member states before it can take effect.

Late on Sunday, however, senior French politicians refused to bury the initiative, with French President Chirac calling for the EU ratification process to continue [TV address transcript] in a strategy that might even involve France itself revisiting the pact, just as Ireland conducted a 2003 revote on the Nice Treaty [backgrounder] on the institutional arrangements for European enlargement after initially rejecting it in a 2002 poll. Meanwhile it appears that Europe, the EU and the general issue of European integration will all enter an extended period of uncertainty. The next bellweather development is likely to take place in the Netherlands, which is conducting a "non-binding" ratification referendum Wednesday. Polls have placed the "no" campaign ahead there as well. In a statement Sunday after the announcement of the French exit polls, Dutch Prime Minister Jan Peter Balkenende said he was disappointed but said it was now more important than ever for the Dutch to vote "yes". AFX has more on Balkenende's statement; BBC News has more on what a French "no" means.






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BREAKING NEWS ~ Exit polls say France votes No on EU constitution
Bernard Hibbitts on May 29, 2005 4:06 PM ET

[JURIST] Exit polls are reporting that French voters have rejected the EU constitution by 54.5% to 45.5%. The last official polls closed in Paris and Lyons at 10 PM local time Sunday (4 PM ET). From Paris, Le Monde provides continuing local coverage.

4:13 PM ET - French opposition leaders are already calling on French President Jacques Chirac to resign in the wake of the No vote. Radio France International has more.

4:25 PM ET - AP is reporting that more than 57 percent of French voters have rejected the European Union constitution, according to French Interior Ministry sources. Official figures will eventually be available here [in French] from the Interior Ministry.

5:07 PM ET - Speaking to reporters in London, UK Foreign Secretary Jack Straw has said that French rejection of the EU constitution raises "profound questions" about the future of Europe. Britain takes over the rotating presidency of the European Union on July 1. Read the full text of Straw's statement. BBC News now has more.

5:20 PM ET - French President Jacques Chirac has made a televised statement [transcript] accepting what he called the "sovereign decision" of the French people, but noting that the vote has made it more difficult for France to defend its interests in Europe. He said he would take account of popular concerns as France continued to honor its European obligations. Watch recorded video via TF1 in Paris.

5:45 PM ET - In a joint statement, European Commission President Jose Manuel Barroso, European Parliament President Josep Borrell Fontelles, and President of the European Council Jean-Claude Juncker (the Prime Minister of Luxembourg, which currently holds the EU Presidency) have said that the result of the referendum in France shows that national leaderships need to do more to properly explain the complex truths of European integration to their citizens. Read the full text of the EU statement.

7:55 PM ET - The French Interior Ministry [official website] has just announced the final official figures from Sunday's referendum vote, giving the No side 54.87%, and the Yes side 45.13%, very close to the split suggested by the initial exit polls.






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France votes in EU constitution referendum
Bernard Hibbitts on May 29, 2005 2:20 PM ET

[JURIST] French voters Sunday went to the polls in a referendum on France's ratification of the proposed European constitution. Recent polls [JURIST report] suggest a likely win for the "no" side in a vigorous national debate that has been clouded by the domestic unpopularity of the current French government. Early turnout appears to be fairly high on the French mainland after a light turnout Saturday in French overseas departments [JURIST report]. Reuters has more.






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Israeli cabinet approves release of 400 prisoners
Alexandria Samuel on May 29, 2005 12:00 PM ET

[JURIST] Following a series of delays, Israel's Cabinet Sunday approved the release of 400 Palestinian prisoners. Cabinet members voted 18-3 to approve the release, which is the second phase of the 900 Palestinian prisoners negotiated as part of February 8 truce [JURIST report]. A panel will now meet to compile a list of those eligible to be freed. Earlier this month Israeli Prime Minister Ariel Sharon [official profile] announced a postponement of the release [JURIST report] , alleging that Palestinian Authority President Mahmoud Abbas [Wikipedia profile] was not upholding his promise to pressure Palestinian militants into a ceasefire. An Israeli government official stated that no one directly involved in deadly attacks on Israelis would be released, but Israel might consider freeing prisoners who haven't completed two-thirds of their terms. Supporters state that move will bolster the moderate Palestinian leadership ahead of the upcoming parliamentary elections. Opponents suggest that the release will only encourage terrorists. AP has more.






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Illinois lawmakers pass bill banning sale of violent or explicit video games to minors
Alexandria Samuel on May 29, 2005 11:37 AM ET

[JURIST] The Illinois Senate voted Saturday to ban the sale of violent or sexually explicit video games to minors. The Safe Games Act [text], would punish sales clerks who knowingly sell adult video games to minors. A seller could defend itselfs by showing it did not know the buyer was a minor or that it followed the industry ratings on the games. The legislation lets stores determine which games are too violent or sexually explicit for minors. The effort to ban sales of explicit video games to minors has already met opposition in the federal courts, which have ruled that similar laws in other states encroach on the First Amendment. The Illinois bill is expected to be signed into law by Gov. Rod Blagojevich [official website], who has expressed support of the legislation [press release] . AP has more.






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Texas Senate approves life without parole
Alexandria Samuel on May 29, 2005 11:13 AM ET

[JURIST] The Texas Senate Saturday approved Senate Bill 60 [text], which would give jurors in capital murder cases the option of sentencing a defendant to life in prison without parole instead of death. Currently, Texas leads US states in the number of annual executions (24 in 2004); Texas juries can only sentence people convicted of capital murder to either death or life in prison with the possibility of parole after 40 years. Bill sponsor Sen. Eddie Lucio has said that public opinion polls indicate there is strong support among Texans for such a law, and the new option is important in light of the recent US Supreme Court decision in Roper v. Simmons [text] that prohibits the execution of murderers whose crimes were committed when they were younger than 18. Opponents say life without parole would make prisons more difficult to manage because inmates with no hope of parole would have no incentive to behave. Among the 38 states with the death penalty, only Texas and New Mexico do not give juries the option of life without parole. The bill is now headed to the desk of Gov. Rick Perry for approval. AP has more.






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UN nuclear treaty conference ends without consensus
Alexandria Samuel on May 29, 2005 10:48 AM ET

[JURIST] A month-long conference at the United Nations to review the Nuclear Non-proliferation Treaty [UN backgrounder] ended Friday with no consensus. Ambassador Sergio Duarte of Brazil, President of the 2005 NPT Review Conference [official website] told a press briefing that although the conference had accomplished very little, there had been some progress "in the ways issues were discussed and the interest that delegations had shown in those discussions and…documents presented." The conference was aimed at curtailing the spread of nuclear weapons [JURIST news archive], and was slowed by arguments among the United States, Iran and Egypt in particular. Throughout the conference the United States was criticized [JURIST report] for trying to keep the focus on alleged nuclear threats from Iran and North Korea. Egypt blocked any progress after its demands that Israel be sanctioned for possessing nuclear weapons and not signing the treaty were rejected. The Los Angeles Times has more.






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