NDFP Panel Lawyer Bernard Tomlow
submits documents
and additional
points
regarding legal existence of NDFP Panel
5 July 2003
Registry of the Court of First Instance of the EC
Rue du Fort Niedergrünewald
L-2925 Luxembourg
G D of Luxembourg
Honourable Registrar,
Please find here attached the documents requested in your letter
of 17 June 2003:
- 9 copies of the appendices
- 8 certified copies of the application to intervene
- A document from the “Nederlandse Orde van Advocaten”
certifying that Mr. Tomlow is authorized to practise before a
Court of a Member State.(Annex 1)
- Power of attorney signed by the representatives of the Negotiating
Panel of the NDFP (Annex 2)
- Proof that the authority granted to the intervener’s lawyer
has been properly conferred on him by the persons authorised for
the purpose (Annex 3 and 4)
About the existence in law of the Negotiating Panel of the NDFP,
the interveners would like to make the following observations
about the admissibility of their intervention.
Even if it does not have a specific form of legal existence,
the intervention of the Negotiating Panel of the NDFP should be
accepted for the following reasons.
The only condition request by the Statute of the Court and the
case-law for an applicant to intervene is to establish his direct
and existing interest in the result of the case.
In his application for intervene, the Negotiating Panel of the
NDFP has sufficiently proved his direct and existing interest
in the grant of the application for annulment T-47/03.
The Court already accepted the admissibility of the intervention
of an association without legal personality because this condition
was fulfilled (Order of 11 December 1973, SA Générale
sucrière, C- 41/73, ECR p 1465).
According to this case-law, bodies not having legal personality
may be permitted to intervene if they display the characteristics
which are at the foundation of such personality, in particular,
the ability, however circumscribed, to undertake autonomous action
and to assume liability .
It is clear from the documents provided that the Negotiating
Panel of the NDFP fulfils these requirements.
The present members of the Negotiating Panel are appointed since
the beginning of the peace process by Mariano OROSA, Chairman
of the NDFP National Executive Committee, to represent the NDFP
in negotiations and conversation with the Government of the Republic
of the Philippines, the GRP (Annex 3 the letter of 19 April 2001;
Annex 4: letter of 26 July 1994).
These documents show that the Negotiating Panel of the NDFP have
the ability to undertake autonomous action in the negotiations
with the Panel of the Government of the Republic of the Philippines.
The Negotiating Panel of the NDFP and the Panel of the Government
of the Republic of the Philippines, have both a specific mission:
they have been mandated by their respective mandatories to conduct
the negotiations and to sign the agreements reached in the framework
of these negotiations. It follows that they must assume an important
liability according to the case-law previously mentioned.
In addition to this, the official existence of the Negotiating
Panel of the NDFP can be demonstrated by the following elements.
The NDFP negotiating panel has been officially recognised by
the Government of the Republic of the Philippines (Annex 5: letter
of 20 April 2001 from Silvestre BELLO and documents of acknowledgement
of the members of the Negotiating Panel of the NDFP) and by the
president of the Republic of the Philippines, Gloria Macapagal
ARROYO, who placed “the duly constituted negotiating panels”
on a level of equality (Annex 6: letter of 29 November 2001 to
the Prime Minister of Norway).
For his key role in the peace process for the Philippines, the
NDFP Negotiating Panel is considered the hosts governments who
has organised talks, as a credible and official partner in the
peace negotiations (Annex 7: letter of the Belgian Ministry of
Foreign affairs of 22 June 1995; Annex 8: Letter of the Royal
Embassy of Norway to Mr. JALANDONI of 18 April 2001).
The Negotiating Panel of the NDFP, via his chairman Mr. JALANDONI,
is also an official interlocutor with the Swiss Federal Departement
on Foreign Affairs as depositary of the Geneva Conventions (Annex
9 : Letter of 2 august 1996 from the Swiss Federal Departement
on Foreign Affairs to Mr. JALANDONI and with the International
Committee of the Red Cross (ICRC) (Annex 10: letter of 18 September
1996 of the ICRC).
In conclusion, these documents are complying with Article 44
(5 a) and 44 (5 b) of the Rules of Procedure and with Article
7 (3) of the Instructions to the Registrar.
Thank you for paying attention to all these elements.
Yours Sincerely,
B. TOMLOW
Annex Schedule
1) Document from the “Nederlandse Orde van Advocaten”
certifying that Mr. Tomlow is authorized to practise before a
Court of a Member State
2) Power of attorney signed by the representatives of the Negotiating
Panel of the NDFP, 4 June 2003
3) Letter of 19 April 2001 from Mariano OROSA, the chairman of
the NDFP National Executive Committee to Mr. JALANDONI
4) Letter of 26 July 1994 from the NDFP National Executive Committee
to Mr. JALANDONI.
5) letter of 20 April 2001 from Sylvestre BELLO to Mr. JALANDONI
and documents of acknowledgement of the members of the Negotiating
Panel of the NDFP
6) Letter of 29 November 2001 from the president of the Republic
of the Philippines, Gloria Macapagal ARROYO to the Prime Minister
of Norway
7) Letter of the Belgian Ministry of Foreign affairs to Mr. JALANDONI
of 22 June 1995
8) Letter of the Royal Embassy of Norway in Manila to Mr. JALANDONI
of 18 April 2001
9) Letter of 2 august 1996 from the Swiss Federal Departement
on Foreign Affairs to Mr. JALANDONI.
10) Letter of 18 September 1996 from the International Committee
of the Red Cross (ICRC) to Mr. JALANDONI.