Can a citizen of the European Union receive legal aid or legal representation in a 3rd country from the EU? The UK, for one, has a program which is probably a sort of remnant of its past EU membership where the government provides legal aid in European countries, (incl. EU, EEA and other countries) including paying for a legal representative if one is accused of a crime. For example, if a UK citizen is accused in Ukraine, they can be paid for a lawyer there. (See: Legal Aid — Legal problems abroad) I found that the EU has a program with similar geographic scope; however, it relates only to its own jurisdiction except for Denmark — applications can be filled out in a form. (See Form of Legal Aid Application in another Member State of the European Union) Is there a program of the EU that functions in a similar fashion outside of its jurisdiction or in 3rd countries? Specifically, can an EU citizen, within EU protocol or as a matter of EU law, apply for or request an attorney to represent them if accused of a crime? If so, through what procedures and based on what law?
Other than the most exceptional cases, no... As a citizen (of any country), you are entitled to consular support but that does not extend to your country hiring a lawyer for you or representing you in court. It covers such things as facilitating communication with your family, attempting to ensure the trial is fair and repatriation at the end of your sentence - usually with you paying for your own transport. In exceptional cases, it is not outside the realm of possibilities that secretaries, ministers or their respective departments of foreign affairs get involved one may receive a representative. …but Citizenship is irrelevant to have the right to representation. In most liberal democracies, you are entitled to legal representation, in most autocratic dictatorships, you aren't, and there are a large number of steps in between. How this works depends on local law and custom but it usually works the same for citizens and non-citizens. In most jurisdictions you find, hire and pay for your own lawyer. Some jurisdictions may provide a lawyer for you without payment by you. How this works varies. For example, if you are accused of a crime in the united-states you are entitled to a lawyer that you pay for or, if you can't afford one, the state will provide one for you. In australia, this extends to civil and administrative matters as well subject to a means test, however, you are not entitled to free legal representation even if you are destitute - you are entitled to a fair trial which, depending on the circumstances, may mean the state pays for a lawyer. In china the state appoints a lawyer for you and you are not entitled to another - defendants rarely win in China. Each country may or may not make a distinction between citizens and non-citizens: the three above don't.
Does this mean all countries law applies to it? Basically yes. If the videos are in english and are about science in general does this mean if some country some day bans ( imprisonment ) science videos or use of a specific colour in videos can they extraterritorialy enforce this imprisonment if they are in some other country like USA or India? With respect to criminal cases, only if it can arrest that person or convince another country to arrest and extradite that person. Generally speaking, countries will only extradite someone if it is a serious offense under the domestic laws of the country of arrest as well as the country requesting that the person be handed over, and also only if the crime occurred in or was targeted at the requesting country. Sometimes the arrest is not legal in the place where it is made. For example, in this case decided by the U.S. Supreme Court (the quote is from the official syllabus to the case): Respondent, a citizen and resident of Mexico, was forcibly kidnapped from his home and flown by private plane to Texas, where he was arrested for his participation in the kidnapping and murder of a Drug Enforcement Administration (DEA) agent and the agent's pilot. After concluding that DEA agents were responsible for the abduction, the District Court dismissed the indictment on the ground that it violated the Extradition Treaty between the United States and Mexico (Extradition Treaty or Treaty), and ordered respondent's repatriation. The Court of Appeals affirmed. Based on one of its prior decisions, the court found that, since the United States had authorized the abduction and since the Mexican government had protested the Treaty violation, jurisdiction was improper. Held: The fact of respondent's forcible abduction does not prohibit his trial in a United States court for violations of this country's criminal laws. U.S. v. Alvarez-Machain, 504 U.S. 655 (1992). I mean can a country just bring to jail any youtuber outside its borders ( using its national language as the language of the video ) who uploads content of international appeal because of some law? If the country can manage to arrest the person, yes. There are high profile cases from Saudi Arabia where that has happened. See, e.g., here and here (a blogger and his sister arrested in Saudi Arabia, while his wife and children flee to Canada), here (journalists for Lebanese periodical arrested in Saudi Arabia in relation to years old publications) here (more journalists arrested in Saudi Arabia), here (&quot;A male Saudi Arabian teenager has been arrested in Riyadh over a series of online videos of conversations between him and a female Californian streaming-video star that went viral.&quot;), here (Yemeni blogger), and here (Washington Post journalist tortured and killed in Saudi Arabian embassy in Turkey at the direction of a senior member of the Saudi Arabian royal family). Also can a country just hold liable for youtube's data privacy practices a youtuber outside its borders and enforce the judgement if the practices of both youtuber and their chanell and youtube is legal in their home country? A country can hold anyone liable for anything its domestic laws allow it to hold someone liable for, and can enforce that judgment against any assets it can exert power over. Some countries with similar legal systems recognize each other's court judgments widely. Countries with very different legal systems often don't recognize each other's judgements. For example, most European countries do not recognize U.S. money judgment for torts (i.e. civil wrongs such as personal injury awards). Similarly, the U.S. does not recognize most foreign defamation judgments, and does not recognize most judgments of Saudi Arabian courts. One last thing is wether inclusion of ads make a difference? Usually not. But it can matter for purposes of assertions of lawsuit liability over someone outside the jurisdiction seeking to impose liability for something that harmed someone in their country. If conduct amounts to &quot;doing business&quot; in the country seeking to impose liability or amounts to a &quot;purposeful availment&quot; of the laws of the country seeking to impose liability in some why, an imposition of extraterritorial liability is more likely, and that tends to happen more in cases where there are ads that are commercial targeting the people of the country where the courts seek to impose liability.
Documents from countries which did not sign (or to be received by non-signatory countries) must be certified by the foreign ministry of the source country (or its equivalent) and then further certified by the foreign ministry of the receiving country, before such documents can be used in legal proceedings. The Wikipedia article says: A state that has not signed the Convention must specify how foreign legal documents can be certified for its use. Two countries may have a special convention on the recognition of each other's public documents, but in practice this is infrequent. Otherwise, the document must be certified by the foreign ministry of the country in which the document originated, and then by the foreign ministry of the government of the state in which the document will be used; one of the certifications will often be performed at an embassy or consulate. In practice this means the document must be certified twice before it can have legal effect in the receiving country. For example, as Canada is not a signatory, Canadian documents for use abroad must be certified by the Deputy Minister of Foreign Affairs in Ottawa or by a Canadian consular official abroad, and subsequently by the relevant government office or consulate of the receiving state. This seems to answer the question rather completely.
If i have am served a claim form by the claimant, can I travel overseas? Yes Also, if I am overseas and receive the claim form whilst overseas, can I ignore it if I am not a citizen of the country which the claimant is from? You can always ignore a civil summons - the likely effect is that judgement will be entered against you and the plaintiff can then take further action to enforce the judgement. This can include having your property seized, garnisheeing your bank accounts or wages, or requiring you to attend court - failure to answer this summons is contempt and can lead to your arrest. A judgement in a UK court can, subject to treaties, be enforced in foreign jurisdictions under the relevant local law.
No. The UK is no longer in the EU, and the terms of service, which are probably drafted poorly, fail to include non-EU countries that are subject to EU law, such as Iceland, Liechtenstein, and Norway. This oversight means that the UK is also not included as of the beginning of February 2020 when it ceased to be a member of the European Union.
I haven't found any cases where this defence has worked. I strongly suspect that that's because it never has. Every piece of advice I've read on this unsurprisingly suggests you'd be a fool to attempt to rely on this defence in court, including some cases in which defendants have attempted to rely on it and have failed. There are a couple of Freedom of Information requests to the government which state very clearly that it won't work: https://www.whatdotheyknow.com/request/statute_law_4 https://www.whatdotheyknow.com/request/consent_of_the_governed The last link is particularly clear on the matter: every citizen of the UK tacitly consents to be governed, according to Blackstone. And this one makes it even clearer: https://www.whatdotheyknow.com/request/18097/response/56511/attach/html/3/TO%20255452%20TO09%205866.doc.html Under the doctrine of Parliamentary Sovereignty, Acts of Parliament override common law. So it simply wouldn't be possible to argue that you choose to live under the common law alone; no court in the land would allow it, as it's a cornerstone of our legal system that Parliament is sovereign, and therefore that statutes enacted by Parliament will 'trump' the common law. Parliament derives its sovereignty from the fact that the current government is elected and therefore represents the citizens of the UK, and for this reason, Acts of Parliament take priority over case law. On that basis, it wouldn't be possible for a citizen to argue that they choose not to abide by statute: their consent is tacitly assumed. Based on all the above, then, I would say no: the 'common law' defence will never hold water if relied on in court.
As your question is concerned on English law, a clear answer is yes but is specific for English law. Barristers from the same chamber may represent opposing sides in a case. This is normal and common practice. Barristers are independent practitioners in the British and many other common law systems who represent clients in court but are not in charge of the case as a whole. As a result, they may be instructed to represent clients whose interests diverge, and each barrister is responsible for deciding whether or not to accept a particular case. While each barrister acts independently and is free to take on any case they choose, chambers are groups of barristers who share resources and facilities. Even if they are representing opposing sides in the same case or different cases, barristers are typically required to adhere to the professional code of ethics and maintain client confidence. It is important to note that ethical rules prohibit lawyers from representing opposing sides in the same case, and the concept of barristers and chambers does not exist in some jurisdictions, such as the United States.
Yes it is kind of possible what country would the legal action need to originate from? Would one file in the US and note the foreign defendant or would one file, as a foreigner, in the home country of the defendant? You can go either way. It is not obtaining the judgment that is the biggest trouble here, but enforcing it. You will need: A UK mailing address. Services like ScanMyPost will suffice. Some money to pay the court fees. Time, tenacity and patience to follow through the procedure and fill all necessary forms. Be lucky in that the defendant actually has something to pay the debt with. There are two stages: Obtain a court judgment in your favour. Unless the defendant pays you, enforce the judgment. Obtaining court judgment in the UK In the UK, the "small claims court" functions are executed by HM Courts &amp; Tribunals Service. The specific service is called "Claim for money" which can be filed online via their old or new system. So, basically, you file the online form, pay the fee by credit card and wait for defendant's response. If they do not respond, you ask the court to make a judgment (in my case it took 10 weeks from filing claim to getting judgment). If the defendant responds and defends themselves, expect much longer wait and uncertain outcome. Enforcement So, you and the defendant have both received court judgment saying that they must pay you. But they are not paying. There is a range of options you can choose from: County Court Warrant of Control (claims from £50 to £5,000). Court bailiff will go to the defendant's address and try to seize goods that can be easily sold. High Court Writ of Control (claims from £600). Attachment of earnings order (you ask the court to order the defendant's employer to deduct his earnings in your favour). Third-party debt order (a.k.a. "Garnishee Order") — if you know the defendant's bank account details. Read about potential pitfalls here. Charging order: you will only get paid if the defendant sells their land. Bankrupt the defendant (big court fees!). Alternatively, you could always hire a UK lawyer but then you would probably not need this answer.