Properly working LLU essential for business VoIP and decentralisation

probe

Yet another urgent reason why Ireland must have an efficiently functioning local loop unbundling regime.... High time eircom was forced to behave and given strict targets for LLU and numbering portability. A daily fine of €1 million for each day of non-compliance would surely do the trick!

http://www.siliconrepublic.com/news/news.nv?storyid=single6593

probe

cgarvey

It probably would .. after a few years of appeals in various levels of courts

probe

cgarvey wrote:

It probably would .. after a few years of appeals in various levels of courts

Yes, Ireland’s antiquated common law legal system holds everything back. It’s origins probably dating back to the Norman invasion, 1066….. Delayed justice is no justice.

A case like this (eircom –v- Ireland) would take a few weeks in the German courts.

At the very least our legislators should codify the laws – loose leaf volume concept – only on the web. As happens in the rest of Europe. E.g. the commercial code contains all the company law, trademark acts, weights and measures, employment law etc in one book.

Each act should only have a number (law 1 of 2006, etc) – rather than a misleading name. When legislators want to change a law under a codified system, they often only have to deal with a few sentences which are “pasted” into the relevant code – rather than a whole new bill being written, misleadingly titled, (+delays delays and delays) and standing on its own two feet to confuse matters. Codified law is easy to keep up to date as a result.

Get rid of case law and let legislators focus on drafting laws that cover all possibilities – generally quite easily done with some clear thinking when working within an intelligent system. Makes everything black and white and easy for anyone to pick up the relevant code and understand their rights and obligations – without resorting to counsel’s opinion.

Only then can they say that ignorance of the law is no excuse. The common law system is a racket urgently in need of revolutionary reform!

probe

jwt

I feel a new lobby group coming on

Ireland Inadmissible TM

John

probe

jwt wrote:

I feel a new lobby group coming on
TM

If anyone wants to start an “Irish Legal System Time to Wakeup” type website / campaign here are some starting links… (This is not off-topic because weakness in the Irish legal system and telecommunications legislation are among the primary reasons why Ireland is where it is today in terms of lack of progress on the BB and so many other fronts).

The codified law system used in the rest of Europe (aside from GB) is like the Irish Constitution – made up of articles which are added and deleted as required. If there is a divorce referendum, one doesn’t bring in a new “Irish Divorce Constitution 2006”. One simply slots in the new provisions within the existing logical structure of the original constitution document. Surely all law should be presented in this logical standardised format?

The Swiss civil law system (picked because if you speak French, German or Italian or even Rumantsch) you will be able to make sense of it.

http://www.admin.ch/

Drilling down through the structure…

100 – Sources of legal authority – the federal and cantonal constitutions http://www.admin.ch/ch/f/rs/1.html

200 – Civil code http://www.admin.ch/ch/f/rs/2.html

300 – Penal code http://www.admin.ch/ch/f/rs/3.html

400 - Education, science and culture http://www.admin.ch/ch/f/rs/4.html

500 - Keeping the Saxon invaders out http://www.admin.ch/ch/f/rs/5.html

600 – Finance http://www.admin.ch/ch/f/rs/6.html

700 - The OPW, Energy, Transport and Communications http://www.admin.ch/ch/f/rs/7.html

800 – Health work and social protection http://www.admin.ch/ch/f/rs/8.html

900 - Economy and technical co-operation http://www.admin.ch/ch/f/rs/9.html


Another good example is France.

All French law in French: http://www.legifrance.gouv.fr/WAspad/ListeCodes
The more important French codes translated into English
http://195.83.177.9/code/index.phtml?lang=uk

and Spanish
http://195.83.177.9/code/index.phtml?lang=esp


probe

cgarvey

Enough probe, ta. It is off-topic. If you want to spread your legal knowledge, please keep it specific to comms. Ta.

.cg