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Even then, however, the greater point of your post remains — integrity should prevail in such matters. I do not agree with the analysis of the Author of the post which appears to me as a priory biased against the recent choices made for the highest posts of the EU, although the selection processes conform to the EU rules, including the role of the democratically elected EP. Witness the gratuitous attack to van den Leyden whose qualifications and appointment are not the subject of the post.
First, the text is misleading when it says that Lagarde has been convicted of gross negligence. Such misrepresentation to say the least is serious enough in a post whose theme and leitmotif is integrity and ethics. Secondly, the French court ordered that the decision not be registered in the criminal record of Lagarde, which is typical in cases of sentencing for minor offenses.
In practice it is as legally non existent for future evaluation of the person. The bar is apparently higher and clearer here art. Still, the ECB Guidelines of do not envisage that a single previous offense such as the one of the French decision, by itself, would bar a person from such an office.
To conclude, I think that a post as this one would have more appropriately figured in a column of an opposition daily or weekly, than in the blog of an academic institution such as ESIL.
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Disclaimer: I do not know personally nor have I ever met Mrs. I think, like you, that the overall argument stands. The German text reinforces the point about the presence of a range of possible meanings and the case for interpreting art.
I feel your comments call for a fuller response, not least because they question the intellectual integrity of my arguments. Let me try to answer the main points you raise in your response:. Had the Council selected a candidate whose standing and integrity cannot be impugned, the post would not exist. That von der Leyen is being investigated for alleged breaches of public procurement rules is an undisputed fact, not an opinion. French law does not, as a rule, distinguish simple and gross negligence. In situations where negligence does not directly cause harm but contributes to the situation allowing damage to happen i.
However, this has been interpreted consistently as alluding to a negligence that is both grave and manifest. To find Lagarde guilty of criminal negligence is therefore by definition to find her guilty of gross negligence. One implies the other. The post is not misleading: it accurately reflects the nature of negligence under French criminal law.
Lagarde was allowed to walk free. Yet her conviction — that is, the formal declaration that she is guilty of a criminal offence — stands entirely unaffected by the dispense de peine. She was not cleared or exonerated.
She is and will always remain, as a matter of law, a convicted offender. They do not render her less guilty of criminal negligence. The fact that she remained in office after her conviction is not relevant either. The IMF and the EU are two distinct entities with distinct institutional arrangements, constitutive instruments, and legal systems.
IMF practice has no precedential value in EU law. It does not undermine my argument and, instead, reinforces it. For one thing, the Directive deals with commercial banks and art. To conclude, allow me a brief digression. We welcome the harsh and the whimsical. Surely this principle applies to critiques of the EU and its decision to appoint dodgy individuals to lead its institutions.
Such critiques should not be written off as biased, misleading or un-academic simply because they do not accord with dominant views about the Union. New episode is now live. Tags: Council of Europe , European Union. July 30, at Virginia P. August 6, at Giorgio Sacerdoti. August 15, at Mario Prost. August 20, at About the Author s Mario Prost.
Mario can be contacted at m. Read Full. EJIL: Live! Location of Esslingen am Neckar within Esslingen district. List of twin towns and sister cities in Germany.
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Retrieved from " https: Views Read Edit View history. After a local war, Graf Ludwig II built an enormous new defensive wall with 22 towers around the old stronghold between and These walls are still nearly completely extant and they are one of the most important medieval fortifications in Germany. In , Martin Luther allegedly passed through. In the same year, the town became Protestant , later to become Calvinist. In , the Black Death killed many inhabitants, as it did again in Between and people were victims of witch hunting , although the first prosecutions took place in During the Thirty Years' War , in , the town was taken by Imperial troops, who defeated the Swedish occupants.
As a result, by there was a suburb at the Lower Gate Jerusalem Gate where Huguenots , Waldensians , sectarians , and other separationists lived. In , administration and justice were split in the Grand-Duchy of Hesse-Darmstadt. In , the laborers' school later called the trade school was founded. The Mathildenhospital was built between and In , a credit union today the Volksbank , was founded. Between and built a water main and began partial installation of a sewage system.
From Wikipedia, the free encyclopedia. Hessisches Statistisches Landesamt in German. Free download. Book file PDF easily for everyone and every device.
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