newsitems

*Strasbourg/CoE/Angelo Marcopolo/- In almost 1 Year, the PanEuropean, 47 Member Countries strong CoE can have a  brand New set of Rules for Data Protection at the Internet, while also making progress on New, Web Media and Journalists' Freedom, according to its latest Decisions, in cooperation with the 28 States of the EU, which might build, at the same time,  even more Advanced Rules, after the "Concern" expressed just a few Days earlier at a CoE's landmark opening , said to "EuroFora" the competent CoE's Director General for Human Rights and Legal affairs, Philippe Boillat, from Switzerland, echoing the incoming CoE's new Chairman for the period of November 2013 up to May 2014, Austrian vice-Chancelor and Foreign Minister, Michael Spindelegger's call to "Move Forward" on New Media and Internet protection, (See Spindelegger's Statements to "EuroFora" at a specific NewsReport).     

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 -- "Last week's Conference of Ministers responsible for Media and Information Society, held at Belgrade (Serbia), adopted a Political Declaration, and 3 Resolutions : One on the Internet Freedom, another on Media at the Digital era, and theThird on the Protection of Journalists", so that "most Questions" currently raised, should "find all the necessary Replies in these (New) Instruments", Boillat reminded from the outset to "EuroFora".
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- Interestingly, the 2013 CoE's Ministerial political Declaration warns  from the outset (Art 2 and 3) that "Freedom of expression and Media freedom are threatened in various parts of Europe, On-Line as well as offline", ans "calls for political commitment and additional efforts by member States",  in this respect". while also reminding the fact that, already "in 2011, the CoE embraced a New Notion of Media, acknowledging that media-related policy must take full account (also) of ...New Forms of Media", which "provides Criteria for Identifying various forms of media, ..in respect of media Freedom and its protection, ...independence, pluralism and diversity, as well as a reference for the duties and responsibilities of the various actors". - "Whether Print, Broadcast or On-Line", "Independence of Media, and Media Freedom .. require .. Self-Regulation", while "Undue State Regulation ... and Supervision ... have Negative effects", CoE's competent Ministers added (Art. 4).  Moreover, CoE's Ministers are "Appalled that Journalists and other Media actors who carry out journalistic activity or perform public watchdog functions, are increasingly subject to  (various) forms of Harassment  ....because of their Media related activities"

   => In consequence, the 2013 CoE's Ministerial Belgrade Conference, officially  "invite(s) the CoE to promote Media Freedom - whether Print, Broadcast or On-line", and "States to reinforce their work on Expression and Media Freedom on the Basis of the New Notion of Media", (i.e. Web-based Media, respecting Journalistic Deontology, Editorialy Independent, and providing real News Content).

+ In parallel, CoE's 2013 Ministerial Declaration also "acknowledge(s) the fundamental importance for People to be able to Express themselves and Access information on the Internet without undue Restrictions",  while  "The right to Private life ... protected under Article 8 of the ECHR and the protection of Personal Data, one of its corollaries, has been expounded ...in Convention 108, EU legislation and other ... international and national laws" . .... Thus, "Data can be collected and processed for a legitimate aim", but, "any data collection or Surveillance for ...national Security; must be done in compliance with ...Human Rights and rule of Law requirements", because,.."given the growing technological capabilities for electronic Mass Surveillance and the resulting Concerns...there Must be adequate and effective Guarantees against Abuse, which may Undermine or even  Destroy Democracy", CoE's Ministers warned.

=> Therefore, CoE's competent Ministers formaly declared their "Firm Commitment to Internet Freedom", "fully compatible with ... the ECHR", and "full Support to the Implementation of COE's <<Internet Governance Strategy>> 2012-2015".

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CONCERN :
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- Currently, "there is an extremely Great Concern, among Ministers responsible for Media, about the New Means of Mass Surveillance (Spying), and this was also expressed by (CoE's) Secretary General", Thornbjorn Jagland.

=>  - "Now, CoE's idea is to take Measures", and  "First of all, to Strengthen the (International) Convention on Data Protection". "But, as you know, only those Countries which are Members of that (CoE's) Convention will be (Legally) committed by that, while", or the contrary, "the USA, since many spoke about the US, who are Not Member to this (Data Protection) Convention, will not be bound by that".

- Certainly, the USA (which already have a Special Status as Observers inside the CoE) have followed all developments concerning this (International) CoE's Convention. But, now, the Idea is to set up a kind of Monitoring, in the framework of its Revision", for which "Work has just Started this week in Strasbourg, and the Idea is to see if States really meet their Obligations, or not".

- "This is, mainly, where we are Today, and we (CoE) know that it's a Difficult Problem, it's a Global Problem, and that it's not easy, at a level of individual States, nor even at a Regional cooperation level, as that of the CoE, to solve all problems", he carefuly warned.

- However, meanwhile, "the EU is fully Associated to CoE's work,  and, in particular for the Revision (of the Data Protection Convention), because the Idea is to have Harmonized (Legal) Standards between EU's Directive and CoE's (Data Protection) Convention".

    - Asked by "EuroFora" if "he EU really plays the game" COE's experienced Director General positively but realistically replied that :  - "We (CoE) Hope that , because everybody involved is interested to have at least certain Minimum (Legal) Standards at east for the (CoE's) 47 Member States.  Afterwards, if the (EU's) 28 (Member States) want to advane even Further than that, we can't but be Glad about that, of course", he suggested.

    + As for "Russia", the PanEuropean Organization's Biggest Member State, Boillat found that "they are absolutely in Favour of Strengthening the Protection of Personal Data, in the context of what we've just described", as he said.

    => "Now, the idea is to work Together with the EU in order to Modernize (CoE's pre-existing) Convention No108 (on Data Protection), so that the Reglementations of the EU and CoE's conventional Rules won't be Diverging from each other", he reiterated.

    - From the Timing, point of view, "we (CoE) Hope that, from now, up to the End of Next Year (2014),  we shall have Completed the Work" of "Modernizing" CoE's Convention on Personal Data.

    + "Afterwards, of course,  we must have the (CoE'Member States') SIgnatures and the Ratification process. It's always rather Risky to Hazard any Time-limit Estimations about such things, but we (CoE) naturally wish for it all to be completed the Soonest possible", he carefuly but voluntaristically added, in reaction to "EuroFora"s reminder of the fact that f.ex. French Government's Top Experts had just said, recently in Strabourg, that the set of Rules currently prepared by the EU for the Internet should be completed approximatively in about 4 or 5 Years time, (See : .....).

    - Until now, "the TPD, (i.e. the Committee of Members to CoE's Convention on Data Protection), had been Preparing the Draft", which has recently been given to an "Ad Hoc" Committee, set up by CoE's Ministers  in order to Negotiate the Modernisation of this Convention : Called CAPDATA, it's a classical-style InterGovernemental Committee, with a Representative from Each one of CoE's 47 Membe States, which has just Started its work earlier this week in Strasbourg, where I've personaly Opened its inaugural meeting, and saw that they've are already working well", CoE's Director General for Legal/Human Rights issues explained to "EuroFora".

    => - Moreover,  "It will be an Open Convention, i.e. Not Exclusively reserved just for COE's Member States, and we really Hope very much that this Convention, which, by definition, deals  with Problems of Global Dimension, will be endorsed also by many Other Countries" accross the World, "which are Not CoE's Members", the Swiss Top Official of the CoE stressed about the New Data Protection International Convention.
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    In fact, some years ago, the so-called "Modernization" of CoE's classical "Convention No 108" on Personal Data Protection, one of the Oldest and most Respected Legal Instruments of the Strasbourg-based Organisation, was supposed, indirectly but surely, particularly after 9/11, to rather Soften, at least in some points, in an adequate manner, certain initial Safeguards which didn't seem fit to several Countried inside a World felt to be more exposed than in the Past to Terrorism, Organized Crime and Corruption challenges...

    But, naturally, one may Hope that, at least the Scandals revealed recently, both on USA's NSA spying and others, would have provided more Food for Thought to CoE's key Member States, in order to realize the Need, and the Occasion, for Europe to  Shape a really Trustworthy and Efficient Mechanism for all sensitive Data Protection, both for Human Rights and Defense, as well as in order to help develop a robust Digital Economy able to guarantee a Competitive Quality.

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*Strasbourg/CoE/Angelo Marcopolo/- The PanEuropean Organization of the 47-Member Countries' strong CoE must Now "Move Forward" into building a Safe and Efficient Space for On-Line Medias' Europe-wide Debates, with real Freedom for Journalists and sensitive Data Protection, replied in substance to "EuroFora"s Questions the incoming CoE's New Chairman-in-office, experienced Austrian vice-Chancelor and Foreign Minister, Michael Spindlegger.

Spindelegger, spoke to "EuroFora" right after taking over CoE's Top Political body, the Strasbourg-based PanEuropean Committee of Ministers, based in Strasbourg, that he knows personaly well since he has served also as a former EuroMP at EU Parliament as early as since the crucial period of 1992-1996, i.e. when EU prepared the current €uroZone, while the CoE accepted Russia as full Member and USA as Observer, (etc).

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"EuroFora" questioned him about a joint area, which makes a chiatus between his 2 Key Priorities : Safety of Journalists/Freedom of Expression, and "Internet Users", i.e. On-line Media's potential for the development of European Democracy.
Spindelegger practically agreed with "EuroFora", that, indeed, On-Line Media, have an interesting and useful Potential to contribute for the necessary building up of a new Area for Europe-wide Public Debates, "Offentlichkeit", in the sense traditionaly used by the Political Science Philosopher of nearby Frankfurt Schooll, Jurgen Habermas, in whioch, already, even several Austrian Internet Forums of quite good Quality, take their part in German Language, among various other concrete examples of several projects, also in different EU/CoE areas.

Both the Trans-Borders' Communication's potential of the Internet, and its Automatic On-line Translation facilities to many European Languages, offer to New Web Media, added to a Unique Press, Diplomatic and/or NGO Experience  that can be gathered at the famous "Triangle" : Geneva - Strasbourg - Brussels, to which is added also Luxembourg and Frankfurt as well as Bonn, etc, as Neighbouring and progressively interLiked Headquarters of EU, CoE and more or less Europe-related UNO premisses, (including even Wienn itself, given OSCE and the "Magistrale" Fast Train Links' project with Strasbourg, Munchen, etc), Europe's famous "Blue Banana" Central Corridor, (which can extend up to London and Rome via Milano, etc, usefully crossing the Franco-German Paris-Berlin vertical "axe"), may offer on-line Today the Human resources and the Technological Tools for a much needed common European Media area, for the 1st time after 2 Centuries of Divisions, Wars, Conflicts, etc, and the precious potential of this Historic Opportunity should be adequately Protected in terms of both On-line Journalists' Freedom and Data's Privacy, so that the 2013-2014 Austrian CoE's Presidency's main Priorities, presented Today at its Committee of Ministers by Spindelegger, come Timely.

This fits well also to current EU Projects, both on developing EU's Digital Economy, necessarily in parallel with EU Citizens and Politicians' Data Protection, as it was strongly highlighted at the latest EU Brussels' Summit, (See "EuroFora"s NewsReports from Brussels on this Topical issue, specialy after the recent Scandal about USA' NSA alleged spying), and even on general Economic and Political terms : Spindelegger has, indeed, launched, together with EU Parliament's vice-President Othmar Karas, a vibrant call for "a Convention to debate EU's Future", the "soonest" possible, and most likely, shortly after the forthcoming EU Elections of May 2014, endorsing and extending a similar wish by experienced former French President and Chairman of the 1st EU Convention, Academician Giscard d'Estaing, last year in Strasbourg (See "EuroFora"s NewsReport from that landmark event), who was the 1st to point at 2015. EU Enlargement (including naturally the controversial and unpopular Turkey's EU bid, as former French EU President Nicolas Sarkozy had initially asked himself already from 2007, as one of the Conditions for Not Stopping the "Open-ended" EU - Turkey Negotiations, and out-going EU Commission's President Baroso had then promissed, resulting, however, in an obviously disfigured Report by a few "Wisemen", mainly "Socialists" or "Greens"  behind closed doors on 2010 : Comp. relevant "EuroFora"s NewsReport : ..), as well as EU's Decision-making process (f.ex. "Community-method" or Inter-State deals, etc), and, most importantly : How to increase EU's Democratic Legitimacy 

- A "hot" and central issue, on which, projects as such of "EuroFora"s to adequately combine forthward-looking EU News, together with EU Citizens' debates with Euro-Politicians, thanks mainly to New Communication Technologies as the Internet, etc., before particularly Important Decisions which affect their lives are due to be taken, and other such On-line Media aiming to stimulate and develop Europe-Wide Debates with the participation of both EU Citizens and EU Decision-makers, can obviously actively contribute to build the necessary Space for EU-wide Public Debates (Comp. Supra), for which, experienced German Minister Schaüble had recently deplored its current lack, stressing the Need to create it asap, (See relevant "EuroFora"s NewsReport from that Top Franco-German discussion at the CoE where was included also ChristianDemocrat/EPP Group of MEPs' Chairman, Joseph Daul from Strasbourg, France, who has just been elected in Brussels as new EPP Party's President : See : ...).
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 - "You have spoken very well about Freedom of Press/Information and also about Internet protection", "EuroFora" reminded Spindelegger. "But Austria is also very Important for the Pan-European  Space, "Offentlicheit", for EU-wide Public Political Debates. Do you think that On-line, Digital Media could usefuly and timely contribute to that ?", we asked the incoming CoE's Chairman for the crucial November 2013 - May 2014  period, pointing also at the "recent EU Brussels' Summit"s conclusions, at the end of October (See "EuroFora"s NewsReports from Brussels), almost immediately followed by CoE's PanEuropean Ministerial Conference on Media, Data protection and the Internet held at Belgrade, Serbia, just a few Days ago, at the Beginning of November).

    - "That's Right ! Right !", Spindelegger spontaneously reacted Positively  to the initial "EuroFora"s suggestions.

    He significantly pronounced himself on these interrelated points just a week after COE's Ministers competent for Media decided at a PanEuropean Conference in Belgrade, Serbia, to strengthen Protection of "New (Web-based) Media"'s Freedom, as well as of Journalists against various Harassments, at the same time that they asked to boost Internet Data privacy (See Infra + specific NewsReport : http://www.eurofora.net/newsflashes/news/coenewdataprotectionrulesin1year.html ), while the forthcoming CoE's Annual "World Forum of Democracy", at the end of November, focuses this year on the Internet's potential for a better Citizens' participation in Politicians' decision-making (See infra).

    + As far as EU Brussels' Summit and CoE's Ministerial Conference at Belgrade (Serbia) are concerned, "We are discussing those .. Recommendations", on Digital Economy and Media/Internet Rules, respectively, Spindelegger observed.

    => - "And I think that we  have to come Forward !", the incoming CoE's Chairman for the period of November 2013 - May 2014, (i.e. practically until the forrthcoming crucial EU Parliament's Elections of 22-23 May 2014 !), anounced energetically,

    - Among other such issues, in particular, "we have just decided to have a Dialogue with the USA, you know, about these very "Special Affairs"", he reminded, obviously referring to the American NSA Spying Scandal.

    - "But, let's Wait and See, what will be the Outcome", he advised, with a smile,  obviously referring to the December 2013 Time Deadline, at least for Basic Rules on EU - USA relations, as the Franco-German initiative recently anounced in Brussels, and open to all other EU Member States' eventual participation, as it was officially noted by the Collective EU Summit's Conclusions, has proposed, (See relevant "EuroFora"s NewsReport from Brussels.

    - Our (EU's) "Relationship of Trust", "with the US", "has certainly Suffered from this", (i.e. NSA's spying Scandal), and "we Need to Re-establish" it, Spindelegger has reportedly stressed earlier, almost echoing his close Partner, German Chancelor Angie Merkel's own stance, (Comp. "EuroFora"s NewsReports from Brussels' EU Summit at the end of October).

    Significantly, Spindelegger's statements to "EuroFora" and to CoE's Ministerial Committee, were made during the Same Week that a brand New CoE's ad hoc Committee, created in order to Draft a New Version of the PanEuropeab Organization's personal Data Protection Convention, has just Started to work in Strasbourg, (See infra, and the specific "NewsReport" with CoE's Legal/Human Rights Director General Boillat's relevan Statements to "EuroFora" : .... ).

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    - Experienced on Historic Advances in CoE's History, Austria has always been a particulary "active" CoE's Membe State, f.ex. by Hosting, as early as since 1993 in Wien, the 1st CoE's Heads of State/Government Summit focused on the structures of "Post-Cold War Europe", Spindelegger reminded. In addition to an extensive Experience in Chairing the CoE's Committee of Ministers for 5 Times, since its entry a s a full Member back on 1956, having also given  a CoE's Secretary General, as well as 2 CoE's Parliamentary Assembly's Presidents, and the current CLRAE President (Herwig Van Staa: comp. various Van Staa's statements to "EuroFora" both earlier and particularly during  2010-2013), while also being a supporter of ECHR's reforms for more efficiency of the PanEuropean Mechanism for the Protection and promotion of Human Rights, "firmly Based on the Individual Right to Petition", as he stressed on this crucial for Citizens key point.

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+ Earlier, Spindelegger, "Highlighting certain Issues of Particular Importance" for the incoming Austrian Presidency of the CoE (November 2013 - May 2014), at CoE's Committee of Ministers, (where Journalists, including "EuroFora", had been Exceptionaly invited to attend), marked  the following main points :

- "First of all, Freedom of Expression" he stressed from the outset.  - "As  we all know,  our Democracies are based also on the Free Flow of "Information, Ideas and Opinions, without  Interference, and regardless of Borders, as a pre-condition for our Societies to remain Open" : "There cannot be any Active Civil Society without UnHindered Flow of Information", Spindelegger pointed out.

- "It is, therefore, wth Great Concern that we (CoE) note tendencies in some CoE's Member States who Restrict the Freedom of Expression", COE's New Head denounced. :
- In particular, "Journalists are decisive for providing Information of General Interest to the Public. They are also often referred.to as  "Guardians of Society". But Experience has shown, that Guardians need also to be Protected", Spindelegger warned. "It's important, therefore, to hold a Thematic Debate, in December, (in Strasbourg); on the isssue of Safety of Journalists", he officially anounced.
Spindelegger said that only a week after CoE's Ministers competent for Media adopted, in a PanEuropean Conference at Belgrade, Serbia, a series of important Decisions calling for the Protection of "New (Web-based) Media"'s Freedom of Expression, and of Journalists vis a vis various "Forms of Harassment", (See CoE's Director General for Legal/Human Righst' affairs, Phlippe Boillat's relevant Statements to "EuroFora", at another NewsReport : ......).
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+ "Second Priority : The Internet has become a Vital Tool for exchanging Information, connecting  People, and Participating in Democratic Processes", the incoming CoE's Chairman underlined, speaking shortly before CoE's Annual "World Democracy Forum", scheduled for the End of November, whose 2013 version focuses on "Connecting Institutions and Citizens in the Digital era", (i.e. very near to "EuroFora"project's  1997-2007 expressed Idea : See relevant Publications, officially registed Files, written and communicated Reports, etc).

=> "The Internet is a Global, Inclusive, and People-centred Space, where all Human Rights must be fully Respected", Spindelegger stressed. In particular, "the Rights to Privacy is Crucial in the context, and Needs to be Protected adequately". "CoE's Internet Governance Strategy is central in changing the Digital Environment in accordance with the Core-Values of the Organization". In consequence, "No State or Company has the Right to Collect Users' Data, without clear Legal Basis and Safeguards. Recent Developments (f.ex. on USA's National Securty Agency spying Scandal), show (that) we (CoE) must ...ensure that these Rights are effectively  Protected On-Line, as they are protected Off-Line", he pointed out.

That's why "New Threats and risks are raising serious Challenges for a Universal, Integral and Open use of the internet", where it's also "Crucial" "to improve the Knowledge Users have on their Rights, inter alia by making available a Compendium", as well as "in early 2014, a Mid-term Report on the implementation of (CoE's) (Digital Media), Strategy (which) will be submitted to the Committee of Ministers", adds the relevant Document on the Austrian CoE's Chairmanship's Program.                                                                                                                                                                                                                                                                                                                                                                        
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    + Mass Surveillance and lack of Privacy is also one of the current Human Rights problems inside CoE's PanEuropean area of more than 800 Million People throughout 47 Member States, alongside to Statelessness in certain Countries in some countries for many Thousands of Persons inside certain Countries and other challenging issues, denounced also Russia's Deputy Foreign Minister, Alexei Meshkov, speaking at the Committee of Ministers' session during the handover of its Chairmanship to Austria from Armenia, that he was the 1st to praise it for the "Succesful"  and "Satisfactory" work accomplished during the last 6 Months, (which also led up to CoE's Ministerial Conference on Media and Digital Society, last week in Belgrade, Serbia).  Russia enjoys the recent Positive and cooperative ambiance inside the CoE, which is one of its Priorities in Foreign Policy, and intends to help strengthen its Important role for a United PanEuropean space, mainly in Legal and Humanitarian issues, added Meshkov in substance.

    - Questioned by "EuroFora" on Internet issues, smiling, the Russian Minister replied diplomatically that he preferred to leave first the incoming CoE's Chairman in office, his Austrian collegue Spindelegger, to start by presenting initially to the Press his official intentions on that, before he might add his own comments....

    ++ In addition, it's also the Ambassador Matthew Johnson, Permanent Representative of the UK, the country which had initially Started to push for the Adoption of CoE's "Digital Governance Strategy" by the COE during its 2011 Chairmanship, following a landmark G 8 Heads of State/Government Summit, May 2011 at Deauville, where the Internet Governance and Freedoms were for the 1st time discussed at that level, at the initiative of France,  (See relevant "EuroFora"s NewsReports from the Brittish Presidency of the CoE, as well as from that G 8 Summit at Deauville). While the PR of Germany, Ambassador Julius Georg Luy, "ensured" Spindelegger  of Berlin's "Full Support in (his) Efforts to Shape the Digital Space, particularly preserving Human Rights, ...On and Off-line", as he stressed, i.e.pointing also to New, Web-based Media.

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    + Other topics of the Austrian Presidency, In addition to Freedom of expression and the safety of journalists, as well as internet governance,  will include, according to the Official Program, : Action against Trafficking in Human beings, gender Equality and human rights of persons with Disabilities, but also Education (Quality education and for democratic Citizenship), as well as Governance of Culture, and at the Local/Regional level. An interesting PanEUropean Conference on Fighting against Corruption at Local/Regional level is scheduled in that last regard for 2014 at Insbruck.

    + The 3rd Austrian Priority : Revisit "Human Traficking" challenges, as Spindeleger anounced, comes Timely not only because of the recent Lambedousa Tragedy, (which has also triggered an ongoing series of insufficient yet, but growing EU Responses, marked by recent Official Announcements made at the latest EU Parliament's Plenary Session in Strasbourg and EU Councl Heads of State/Government in Brussels, at the endof October, but also by Austria's on-going Membership and even Vice-Presidency at CoE's Human Rights Council, at nearby Geneva, up to the end of 2014 included, where Wien has also added, together with Rule of Law and Human Rights Education, not only Childrens and Womens' Rights, but even the Global-level "Fighting against Trafficking of Human Beings", (while having recently hosted  the UNO-sponsored 5th Global Forum for the Alliance of Civilisations earlier this year).

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Spindelegger in 2014 : Minister or Chancellor ?...
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    Last but not least, Spindelegger succeeded to have the quasi-Unanimous Agreement of CoE's Committee of Ministers for its next, full Pan-European session, scheduled for May 2014, (i.e. shortly before EU Parliament's Elections), to be exceptionaly held at Viena, in Austria, where he Invited all his 46 other collegue Foreign Ministers throughout all the European Continent, and from Iceland to Cyprus, Portugal to Russia.

    But, while this became now a certainty, officially resgistered as a CoE's Committee of Ministers formal Decision, on the contrary, it wasn't yet absolutely sure in what Capacity ...Spingelegger himself might be present at that May 2014 PanEuropean Ministerial gathering in Wien !

    Simply because the current Chief of Austria's ChristianDemocrat/EPP Party "ÖVP", is at present still engaged in a kind of Political Talks with the "Socialist" Party "SPÖ", (almost like Germany's CDU/CSU of Chancelor Angie Merkel...), for the eventual formation of another Coalition Government, as in the Past, with slightly more than 50% of votes this time, given the losses marked by both parties in the recent Elections where most Austrian People voted for anything else than a mere reconduction of the previous "cohabitation"...

    Indeed, Out-going Chancelor Fayman's "Socialists" lost more Votes than the ChristianDemocrats/EPP of Spindelegger, even if they still keep a smaller than before lead, and  don't have any logical possibility to form a Goverment with anyone else than the ÖVP. Moreover, the SPÖ have been crippled by Corruption Scandals, and lost one of the Bundesland Regions that they had before, which passed to the Rightists of the "Free" Party, the big Winner of the Vote. The Worse : According to the latest Polls, only a Tiny Minority of Austrian People : 11% would support a reconduction of the outgoing Cohabitation between ÖVP and SPÖ !

    => On the contrary, Spindelegger has also various other Alternative Solutions, from which he can choose the Best : A large Majority of Austrian People Voted this time for various Parties located at the Right side of the Political Spectrum, from the Center-Right of ÖVP up to the Rightists of FPÖ, including even 2 New Parties of the Right, which, all together, can reach up to almost 60% of Votes casted. "Greens" (the only Old party without Corruption scandals until now), could replace one or another among those Parties of the Right, or be simply Added to them, in a New Coalition representing more than 70% of Voters !

    Such a New Solution would not only Respect Austrian People's Democratically expressed Political Wish to mark a crystal-clear  turn towards the Right, but also Spindelegger's own preferences, already expressed during the Electoral Caampaign, to Slam Corruption, as well as to become the New Chancelor of Austria, while, moreover, this being the most Popular outcome. Therefore, it still remains to see if, finally, Spindelegger will prefer to choose a .. .brand-new  "Norwegian"-like 2013 solution, instead of  being obliged to repeat something unpopular (Comp. Supra) and similar to what notoriously blocks and/or delays necessary reforms in "Greece" since 2010-2011, (i.e. an eternaly remaining in Government "Socialist" Party, even crippled by Corruption a.o. Scandals, even more  and more abandoned by its former voters, a clear majoriy of the People prefering various political parties at the Right side of the political spectrum)...

    Hopefully, free flow of Information and New Internet Media might help to find out soon Spindelegger's final choice in this regard.

(../..)

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("DraftNews", as already sent, earlier, to "EuroFora"s Subscribers/Donors. A more accurate, full Final Version might be published asap).

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*Strasbourg/Angelo Marcopolo/- European Popular Party's Will to mark a second and bigger Win at the forthcoming crucial EU Elections of May 2014, but also to solidly develop Europe's potential in the foreseable Future based mainly on its Franco-German "motor", added to close links with Italy, Poland, Spain and other key EU Member Countries,  while also bringing it closer to EU Citizens, was indirectly but surely expressed by its decision, today in Brussels, to quasi-unanimously elect as its New President Strasbourg's Top MEP, Joseph Daul from France, the experienced long-time Chairman of EU Parliament's biggest Political Group : that of ChristianDemocrats/EPP for soon 7 Years (2007-2014), and Triple Winner of the previous, 2009 EU Elections, where he had succesfully managed to bypass "Socialists", the 2nd biggest Group, both in his City : Strasbourg, Region : Alsace, and Country : France, as well as inside all EU Parliament, where EPP had augmented its Lead vis a vis the Socialist Group which had lost 100 MEPs compared to the Past, (thereby overcoming a split with Cameron's Conservative Reformers, who, however continue to often vote together with EPP, as they also did at the latest Plenary Session in Strasbourg by bouncing back to Committee a controversial and unpopular Report against Natural Family, for Same Sex Mariages, and even for Medically Assisted Procreation to Homosexuals, which asked to impose to Schools the unpopular "Gender" Theory claiming that Childens' Sex would depend on ...Cultural Choices, etc., against which many NGOs had revolted asking MEPs to reject it).

Quasi-Unanimously Elected, earlier this Morning in Brussels, by EPP's Political Committee which brings together EU Council's and EU Commission's Presidents, Herman Van Rompuy and Jose Barroso, PanEuropean CoE Parliamentary Assembly's President, Jean-Claude Mignon, EPP's vice-Presidents, including Antonio Tajani, Michel Barnier and Johannes Hahn, responsible for Industry and Space, Common Market and Regions, respectively, as well as Irish Minister for EU affairs Lucinda Creighton, (recently rotating EU Chair-in-office), EU Parliament's EPP/ChristianDemocrats' Group President and vice-Presidents, but also Heads of National Delegations of MEPs, and Leaders of EU Member States' National Political Parties affiliated with the EPP, etc., Daul declared from the outset that his "Presidency will be Based on 3 Principles : Unity, Continuity, and Responsibility".

- "It is a great Honour to receive this Mandate and to be entrusted by the delegates from member Parties, member associations, and political Groups, to Lead the party going Forward, especially at a time of such important Challenges as the European Elections of May of 2014", he also pointed out.

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Daul succeeds to the long-time former EPP President Wilfried Martens, who had served many times as Belgium's Prime Minister, before co-Founding the EPP Party and serving as its President from the early 1990ies up to early October 2013, when, aged 77 and reportedly suffering recently from an illness wich had already briefly affected him during a Congress in Italy at the Summer of 2012, he passed away last October 9 to 10, just after having himself decided to provisionaly ask Daul to assume the responsibility of EPP's Acting Chairman on October 4.

- "I will do my best to continue the extraordinary work of Wilfried Martens, whose leadership and commitment has made the EPP the largest and most influential political party in Europe,” Joseph Daul officially stated Today in this regard.
 
Martens recently used to cooperate closely together with Daul on several Topical Political Issues, on which they often published joint or parallel Statements, and had been visiting EU Parliament's sessions in Strasbourg quite often in the Past, where he had met already met and spoken with "EuroFora"s co-Founder as early as since 1996, followed also by various other brief contacts, during recent years, at various EPP Heads of State/Government Summits, f.ex. in Berlin, Germany, on March 2007, in Bonn on December 2009, in Marseille (France) on 2011, and naturally in Brussels, several times, up to December 2012.

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In fact, EPP's decision to brillantly elect earlier Today, by 112 out of 124 votes, at the head of the most important European Political Party, Strasbourg's bi-lingual, French and German speaking Top MEP Daul, on October 2013, obviously marks his personal links to German Chancelor Angie Merkel, and herself brillant Winner of the September 2013 National Elections, where she succeeded even more than initially expected, that he welcomed in Brussels at the latest EPP Summit on October 24. But Daul's Christian Catholic beliefs and personal relations also to Poland, Italy and Spain, as well as to many other EU Member Countries, (such as Austria, Luxembourg, Romania, Slovakia, etc), certainly guarantee a even better and smoother EU Cohesion.

Daul, a Family-owned Agricultural Business' Head at a beautiful nearby Village with splendid Nature, where he used to work together with his Wife and Son, as he had earlier done with his Father and Mother, and an experienced former Chief of Agricultural Trade Unions, as well as past President of EU Parliament's Committee on Agriculture, who had attracted Media attention as early as since the UK-imported "Crazy Cow" and other Food Crisis, is both a Pragmatic, down-to-Earth Businessman, who knows how to speak Economy together with Simple People, at the same time with EPP's 13 EU and 6 Non-EU Heads of State/Government and various Top EU Officials, (as EU Council's and EU Commission's Presidents Van Rompuy and José Barroso, as well as 12 EU Commissioners, etc), including even to the Pope, and one of his First statements just after his Election was to declare his Intention to "put all (his) Energy towards convincing Citizens to Vote for a Europe that will Work for them" in the forthcoming  May 2014. EU Parliament's Elections.

-----------------------

Challenge
------------------------------------

But, obviously, all Polls clearly indicate that Daul's main Challenge, as New President of the EPP Party starting from 2013-2014, (which is directly linked with 73 National ChristianDemocrat and affiliated Center-Right Parties throughout EU's 28 Member States, as well as 11 more Countries), will be to face a Growing Trend towards many Rightist and/or Atypical new and old Political Parties throughout most European Coutriies, most of them reportedly Critical at least to the way in which EU works until now, if not radically EuroSceptic, (mainly France and even Germany, but also Austria, Greece, Bulgaria, Finland, Norway, Sweden, the Netherlands, Italy, Belgium, the UK, Hungary, Latvia, Lithuania, Switzerland, Denmark, etc). ...

However, recent History shows that he has Succesfully managed to considerably contain, and even overcome, such a Far Right/EuroSceptic Danger already in the Past, when, while Chairing EU Parliament's ChristianDemocrat/EPP Group of MEPs, as well as Heading France's UMP Party list, Daul marked a Multi-Level Brillant Win at the latest, 2009 EU Elections, even when a sharp Economic Global Crisis had started and grown then (See "EuroFora"s thorough Analysis of the 2009 EU Election's results at : http://www.eurofora.net/newsflashes/news/daulelections.html ).

It's true that Daul had, then, at his side, the precious Support of both German Chancellor Angie Merkel, as well as that of his compatriot, former French President Nicolas Sarkozy, with whom he had closely cooperated since 2007.  And Sarkozy's 2006-2007 famous "Metamorphose", which had succeeded to find the right Tune that an Exceptionaly Large Majority of People wanted to hear, mainly in France, but also in several other EU Countries, with a Simple but also Deep and Coherent Ideology including Europe's "Political" dimension, Identity and Culture, Economy, Borders and Role in the World, as well as Democratic Debates on Crucial Issues, respect of elementary Human Dignity and Freedoms, despite some unjust or distorded mispresentations, misundestandings or errors, extended to frequent Appeals to People's verdict, criticism of Bureaucracy's intermediation, etc., had notoriously proved to be the only really Efficient way to Attract back to mainstream Politics both those People who had been Diverted to the Margins of the Political Spectrum, and many former Abstentionists (the 2007 French Presidential Elections having broken all Historic Records of Citizens' Participation !), as well as to firmly maintain the Unity of a Governing Majority. This was also seen "A Contrario" when, back at the beginning of the 2012 Presidential Electoral Campaign, some had Hindered or Dissuaded  him to Develop Further his main Favorite and widely Popular Ideas, and even pressed him to initially water them down, or, at least, put them Partally under Parenthesis, provoking Bad Results, until he finally Undestood the Risk, (thanks also to some "EuroFora"s and others' reminders, both in Paris and from Strasbourg) and re-started, mainly at the 2nd round, to progressively regain his favorite, personal repertorio of Issues, re-starting immediately to Win more and more percentages in almost each Days' Polls, but without having, then, enough Time left to Rectify the Political Sabotage which had been provoked at the 1st round...

However, it's also an interesting Fact that, as "EuroFora" found during a Visit in Paris, Sarkozy's choice for his current Office, as former President and Conferencier invited at many places around the Globe, is ... Spectacularly located in front of a ... "Café EUROPE", and its main Windows look at a Series of Roads, extending  Right Ahead, along a Straight, long Line which leads Directly towards the Centre of Paris' unique ... "EUROPE" Square, an Impressive, High-standing area, of Historic Importance, specially Designed, since the end of the 19th - beginning of 20th Century, in order to gather, around it, also the Names of almost all Capital Cities in Europe that existed then, (from "Madrid" etc, up to even ... "Saint Petesrburg", then Capital of Russia), ending up into a Small but Symbolic Christian Church dedicated to "Saint André of Europe" !... An impressive coherent series of European Symbols, (long forgotten in Paris' routine Tourism, but saved from destruction), that only someone who was aspiring already from the start to accomplish something important at a European level, would have Chosen to practically live with, almost every day...

And, indeed, it's obvious that it's only a Nicolas Sarkozy-like Renaissance of European Political Ideology, inspired from what was Best at his initial Thematology, (which succeeded to Brillantly Win both the French Presidential Elections of 2007, and the EU Parliament's Elections of 2009), and adequately Developed for Now, could manage even Today to succesfully face also the current Risks for a Far-Right/EuroSceptic landslide, added to a looming big Abstention, that EU's urgent need to rapidly Complete its Economic Governance Tools and more Integration in 2014-2015, cannot afford !

- "I also reconfirm the Commitment of the EPP, made at the Congress in Bucharest, to launch an EU-wide Campaign, led by our common Candidate, who will be chosen at the Dublin Congress (in Ireland) on 6 and 7 of March 2014,” the new EPP President added Today.

It's not yet officialy known if Sarkozy might, eventually, accept such a Candidacy to the EU, nor if he might be prefered by his former Friends, Allies and Interlocutors among EPP's current Leaders for this purpose, and neither Daul, nor anybody else has ever declared anything about that, at least at our knowledge, until now. So that this is simply a sincere "EuroFora"s own suggestion, based on main Facts' Political Analysis, (Comp. Supra).

German Chancellor Angie Merkel, replying to Press Questions recently at the latest EU Summit in Brussels, on October's end (Comp. "EuroFora"s NewsReports from the spot), carefuly limited herself just to observe that, in fact, "there are Many EU Posts" to share at the Top of European Institutions on 2014, naturally referring not only to EU Commission's future Head, but also to EU Council's new President, €uroArea's Head, EU Parliament's new President, EU's High Representative for Foreign and Security Policy, etc...

But it's naturally in an open Electoral Campaign's Fight, as close as possible to the People, among "Hot" Political Debates on main Issues for Europe's Future, that someone like Nicolas Sarkozy would really feel, and be "at  his element" !  It's well known that this had initially been normally reserved for each Political Party's Candidate to the Job of New EU Commission's Head, but, after all, Nothing seems to Hinder to eventualy skip that, in exchange of the post of EU Council's and/or €uroArea's President(s), if this might seem to be more appropriate for this or that Candidate(s).

At any case, meanwhile, the "Socialist" Party still appears focused exclusively at the esperienced Martin Schulz, the current EU Parliament's President, from Germany, (who has also a quite Good Record of Personal Cooperation with Daul, despite their clear Political Differences), while the Liberals and the "Greens" are reportedly due to choose their final Candidates, respectively from January and February 2014. Neither the Left, nor Conservatives/Reformists don't seem to have a chance to get their Top Candidate elected, while, nevertheless, they might, eventually, play a Key role in New EU Parliament's final Vote, in casse of close results among the Big Parties. Finaly, Rightists, currenty boosted by Polls, aren't yet sure at all to become able to eventually form a New Group inside EU Parliament.
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+ "We are Fighting for Justice not only in Candidate Countries but also insidethe EU", reportedly stressed Daul, earlier Today, speaking of a "Protest of Students" at the University of Sofia, some of which were arrested by the Bulgarian Police, when they decided to extend their support to a Popular Movement of more than 5 Months asking the Resignation of a controversial Socialist-led Government.

=> A Timely Hint about what might soon happen also in some other EU Countries, currently governed with  certain Controversial and Unpopular Measures being imposed against the will of the Majority of the People,, according to converging Polls, as, f.ex., in some that Daul pesonaly knows very well ?

It's a Fact that, just Yesterday, some controversial People's Cries upon French "Socialist" President Hollande to "Resign", were reportedly launched, in continuation of many other similar incidents since last Spring all around France's Capital, and even Sea Coasts, etc, even if this time the moment chosen (an Anniversary of a Past Victory to a World War), didn't seem really appropriate to various Politicians, leading to many Arrests by the Police, of more than 70 Dissidents....

But, who knows what might happen with such eventual developments ? (F.ex.; among various others, everybody in France remembers former President Chirac's 1995 choice to dissolve the National Assembly and declare New Parliamentary Elections, resulting to a paralysing "Cohabitation" between "Socialists" and RPR, which, later-on, made Chirac decide to even Shorten his own Presidential Mandate, from 7 to just 5 Years, in order to avoid any other such"CoHabitation", that nobody really liked)...

Depending on how things evolve, it's logical to think that they might even attract Politicians like Sarkozy rather towards France itself... Wouldn't it be better if he rather served EU's present important needs (Comp. Supra) ?

Indeed, "the Government’s ...main argument is that (the inscriminated) Law ...is designed to strengthen the legal status of Children born Outside Marriage, and to make it Easier for Parents to Raise their Children without being obliged to Marry. This aspect, it is argued, Distinguishes Different-Sex couples from Same-Sex couples, since the latter canNot have Biological Children together", as ECHR's ruling notes (§ 82).

But, in fact, Today's ECHR's ruling, has also many other, delicate Legal aspects, with more or less important Moral, Social and even Political possible repecussions, whose Analysis is both Interesting and Necessary, not only in order to seize some Positive Chances to strengthen Human Rights, but also in order to Help Prevent some apparently inexistent, but in reality very Dangerous Risks for the concerned Persons, Society, Countries and even Humankind (See Infra, particularly just before the conclusion)...

+ Moreover, ECHR has repeatedly confirmed, until recently, that, in general, "protection of the (Natural) Family in the Traditional sense is, in principle, a weighty and Legitimate reason which might Justify a Difference in treatment", including vis a vis Homosexuals, in a variety of cases, (comp. f.ex. Karner v. Austria, 1998, X and others v. Austria, 2013, etc, See § 83).

In addition, ECHR also confirmed that "It goes without saying that the protection of the interests of the Child (a Crucial point, often evoked f.ex. by the French Popular Movement "Manif pour tous" and/or the Dissident Group of "Mayors for Childhood/Maires pour l'Enfance", which clearly refuse Same Sex Marriage, etc), is also a Legitimate aim" for such purpose (ibid).

------------------------------------

- However, the present case didn't concern at all any kind of so-called "Marriage" between Homosexuals, but only the simple question whether mere "Civil Unions" should be open also for them, or not : This was clearly and repeatedly stressed by the present ECHR's judgement which notes, f.ex. that "the Legislation in question ... is designed ...(for) a Form of Partnership OTHER than Marriage, referred to as "Civil Unions"", i.e. "provided for a New Legal Form of Non-Marital Partnership", (§ 86 + 87).

--------------------------

- In this regard, ECHR explicitly pushed aside any eventual claim that CoE's Member States might be, eventually, obliged to have some kind of Legal form, whatever, for Same Sex relationships in general, clearly droping that : - "The Court deems it important to ...(note that) ..the present case ... does NOT relate in the abstract to a general obligation on the ...State to provide for a Form of Legal recognition in domestic law for Same-Sex relationships". "In other words", the point at issue "is NOT that the ... State failed to comply with any positive Obligation, which might be imposed on it by the Convention", but, on the Contrary, only "that it introduced (at the State's own Initiative) a Distinction, which in the.. view (of the LGBTI Lobby), would discriminate.. against them", without presenting sufficient and/or necessary and proportional justifications in this case, ( § 75 + See Infra).

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On the Contrary, it clearly results from this ECHR's Judgement, that, still Today, the large Majority of PanEuropean CoE's 47 Member States, i.e. 38 (Thirty Eight) States, do NOT provide at all for any so-called "Same Sex Marriage" whatever, Contrary to only 9 (Nine) States which did so just "recently", (i.e. most of them after Obama's election to USA's Presidency, back on 2009-2012)... As for merely "some form of Civil Partnership for Same Sex Couples, ... Other than Marriage", it's only "17 (Seventeen) States" which additionally .. authorize" such an "Alternative", compared to much More CoE's Member States : 21 (Twenty one), which do NOT accept Neither of them, still preferring to Focus rather on the Natural Family between Man and Woman, (the only able to give Natural Birth to Children), (Comp. § 91).

Even inside the EU's 28 Member States, as ECHR observed earlier, the Official "Commentary of the Charter of Fundamental Rights of the EU, prepared in 2006 by the EU Network of Independent Experts on Fundamental Rights", pointed out that:

- Certain EU Member "States still ... explicitly Forbid the notion that Same-Sex couples have the right to Marry", and, in general, "there is very Limited legal recognition of Same-Sex relationships", since "Marriage is Not available to same-sex couples", because "Laws of the Majority of States presuppose .. . that ..spouses are of Different Sexes", (I.e. "Men and Women", as ECHR's Article 12 already said).

With the Exception of just "a Few countries", where, on the Contrary, "Marriage between people of the Same Sex is legally recognized", while, "others ... have endorsed a Registered Partnership" only, (f.ex. on "Property", "Inheritance", and other such merely practical issues. And, in this regard, "it is Important to point out that the name ‘Registered Partnership’ has intentionally been chosen NOT to confuse it with Marriage, and it has been established as an Alternative method of recognizing Personal Relationships. This New institution is, consequently, as a rule Only accessible to couples who canNot Marry, and the Same-Sex Partnership does Not have the same Status and the same benefits as Marriage", EU Experts clearly Distinguished.

Moreover, an "Explicit reference to ‘Men and Women’" exists in several "Human Rights Instruments" (including, f.ex., CoE's own PanEuropean Convention on Human Rights, with its crystal-clear Article 12 : Comp. Supra), and "International Courts and Committees have so far Hesitated to extend the application of the right to Marry to Same-Sex couples", they noted, as ECHR reminded today (§31).

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>>> CHILDREN ?

-----------------------------

= > Accordingly, the only Open Issue in the present case (2013) was just to know if, and when (i.e. on which Conditions) a CoE's Member State could legally establish a kind of Civil "Partnership" for Man - Woman Couples, without necessarily inluding even Homosexuals in this, in all or in part.

- (a)- On the 1st point, ECHR's answer, as a matter of General Principle, is a crystal-clear "Yes !" Indeed, "such a Difference" can be Legal, if the concerned persons are not "in Comparable Situations", vis a vis "a Legitimate Aim pursued" by a State, and/or whenever there is an "objective and reasonable Justification" related to Natural Couples Man-Woman, but Not to Homosexual partners, as iit results in substance.

Thus, according to ECHR, such an Aim related f.ex. to the "protection of the (Natural) Family in the Traditional sense is, in principle, a weighty and Legitimate reason which might Justify a Difference in treatment", including vis a vis Homosexuals, and, moreover, "it goes without saying that the protection of the interests of the Child, is also a Legitimate aim" for that purpose (Comp. Supra, and § 83).

- (b) - As regards the 2nd point, ECHR refers to a general case-law asking for the concerned "Difference in Treatment" to respect "the principle of Proportionality", i.e. for "the Measure chosen to be Suitable in principle (i.e. Adequat) for achievement of the Aim sought", and "also ...Necessary, in order to achieve that Aim", "the burden of proof" being; in such cases, "on the respondent Government" (§ 85).

Thus, f.ex., if "the Greek Government (could show) in the instant case that it was Necessary, in pursuit of the Legitimate Aims which they invoked, to Bar Same-Sex Couples from entering into the Civil Unions provided for by (a)Law (of) 2008", as ECHR noted, then, this would be endorsed by EuroJudges.

=> Among various such hypothesis, "it would ... have been Possible for the Legislature to include some Provisions dealing Specifically with Children, born outside Marriage" by a Natural Family, i.e. with a Mother and Father, "while at the same time extending to Same-Sex couples the General possibility of (simply) entering into a Civil Union" only, (i.e. without being obliged to include them even vis a vis the above-mentioned "Specific" Provisions concerning "Children"), ECHR apparently suggests.

At this point, it's also Important to note that, at least 4 among the EuroJudges who voted for Today's ECHR's judgement, decided "by a Majority", found necessary to exceptionaly Publish their Views, explaining, in substance, that they did so only because "Complex ... Issues", "comparable", f.ex. the notoriously Controversial and UnPopular "Adoption" of Children by Homosexuals (rejected by a large Majority of EU Citizens, f.ex. in France, etc., as many Polls attest), was "Not Raised" here :

>>> - Because, otherwise, (i.e. if this included Adoption of Children by Homosexuals), then "any such Adoption would necessarily, and indeed Radically, Affect the situation of the Child to be adopted, and that of the Other Biological Parent (Natural Mother or Father), Raising Delicate Issues with regard to the Best Interests of the Child , and the Other (Natural) Parent’s (European) Convention Rights", Warn these 4 EuroJudges, clearly declaring their Firm Opposition against anything of that kind, which would "Affect"any "Third Party", (i.e. a Child and/or his Natural Father and/or Mother) "in any way", as they stressed, (See "Joint Opinion", point 2).

In this regard, (which is obviously Crucial also for Protecting the Natural Procreation of Human Beings from any Risk of eventual Technocratic exploitation of Homosexual couples Sterility, f.ex. by finding a Pretext to massively launch many Thousands of "Medically Assisted Procreations", with PreNatal Tests, In Vitro Fertilisations, Artificial Inseminations, Subrogate Mothers, Sperm/Ovary Banks, etc), the 4 EuroJudges, focusing on the Controversy about the Unpopular "issue of Adoption within Same-Sex couples", whose "Specific Features" had been "explored extensively in (a) partly Dissenting Opinion" to another, recent ECHR Judgement (X and others v. Austria, 2013), which raised "the Issue of Adoption within Same Sex Couples", and, to be precise, "more particularly, ... concerned the possibility for an applicant to adopt her Partner's Child", (i.e. linked with at least 1 Natural, Biological Parent).

- But, here, on the Contrary, "No such considerations apply in the Present case", since "the applicants in this case are Same-Sex Adult couples who simply wish to Formalise their own Relationships", without affecting any Child at all, the 4 EuroJudges' clearly Distinguished.

- Indeed, the concerned "Greek legislation on Civil Unions makes No provision for Adoption .... , and, In other words, the possible Extension ...to include Same-Sex couples would Not raise Issues comparable to those in "X and Others v. Austria", observe in consequence those EuroJudges, (i.e. about the notoriously Controversial and Unpopular LGBTI demand to oblige Children to submit to the Authority of Homosexuals under pretext of "Adoption", in that Austrian case to the Partner of one among their Natural Parents). Thus, they made it clear that it was only because, in the present, "Greek" case, Children's fate was Not affected at all, in their view, that they agreed with the rest of the ECHR's Members. On the contrary, if Childrens' fate was at stake (f.ex. concering Adoption, Medically Assisted Procreation, Subrogate Mothers, etc., then, they would have voted Against the extension of such "Civil Unions" to Homosexuals, as it seems.

--------------------------------------------

For the ECHR, it's only because it found that the respondent "Government have Not offered convincing and wighty Reasons capable of Justifying the Exclusion of Same-Sex Couple from the scope of (that) Law (of) 2008", that it concluded that there was a Violation of Articles 14 and 8 of the PanEuropean Convention on Human Rights, regarding Discrimination vis a vis Private/Family Life, as Today's judgement says (§ 92).

In other words, ECHR does not exclude at all, a prori, any possibility to eventually reserve such Civil Unions only for Natural Families, on the sole condition to have a Justification able to convince that such a Difference of treatment would be Legitimate and Necessary.

It's true that the Greek "Government maintained that the Biological Difference" of Homosexuals, consisting to the Fact that they "Could Not have biological Children together, justified limiting civil unions to different-sex couples", as ECHR's ruling notes. Because "the 'Hard Core' of that Legislation" was "represented" by "provisions" aiming to "establish Paternity" even Out of "Marriage and ... Courts", since they "enabled the Father of a Child Born Out of Marriage, to establish Paternity and be Involved in the Child's UpBringing, without having to be Married to (its) Mother", (§ 89).

- But, "even assuming that the legislature’s Intention was to enhance the legal protection of Children born Outside Marriage ..., (nevertheless) the fact remains that, (this) Law ....introduced a form of Civil Partnership, known as Civil Unions, which (also) ... allowed Differend-Sex Couples ... to Regulate numerous Aspects of their Relationship, whether they had Children, or Not", while always "Excluding Same-Sex couples", even from that other possibility to simply Regulate their own Relationship, (regardless of any Children), ECHR critically points out (§ 88), adding that "in that connection", even "the Explanatory Report on the Legislation at issue offers No insight into the legislature’s decision to Limit civil Unions" to Natural Couples, Man-Woman, only, (ibid).

As far as it concerns that Part of the 2008 Law which did Not concern Children at all, the Greek Government had "contented that .. (such) Civil Unions ...would result .. in Rights and Obligations – in terms of ...Property status, the Financial relations within each couple and their Inheritance rights – for which (Homosexuals) could already provide a Legal Framework under Ordinary law, that is to say, on a Contractual basis", i.e.. even without using such kind of Civil Unions, ECHR noted, (§ 80).

+ But, "the Court is of the View that .... the Civil Partnerships, provided ...as an Officially Recognised Alternative to Marriage, have an Intrinsic Value for (Homosexuals), Irrespective of the legal effects ... that they would produce", Today's Ruling goes on to add. Because "Same-sex couples ....entering into Stable Committed Relationships", and "Sharing their Lives, have the Same Needs in terms of Mutual Support and Assistance as Different-Sex couples. Accordingly, ...entering into a Civil Union would afford ...the only opportunity available to them under Greek law of Formalising their Relationship by conferring on it a Legal Status Recognised by the State", stressed ECHR. EuroJudges admitted that (as the Greek Government had argued : Comp. Supra), indeed, it was always possible for Homosexuals "to Regulate issues concerning Property, Maintenance and Inheritance, ... as Private Individuals entering into Contracts under the Ordinary Law", "But" they "noted that extending Civil Unions to Same-Sex couples would allow the latter to" do so also "on the Basis of the Legal Rules governing Civil Unions, thus having their Relationship Officially Recognised by the State", as ECHR's Ruling repeatedly underlines, (§ 81).

=> It's, therefore, mainly for that reason that Today's Ruling condemned the Greek State for "Discrimination" concerning the Private/Family Life of 8 Homosexuals who had applied to the ECHR, and ordered it to pay 40.000 € for "Non-Pecuniary Damage" (consisting mainly to the "Frustration" that they said they had felt), as well as another 11.000 € for "Costs and Expenses", - in reply to their demands to reimburse Travels to/from Strasbourg, "Time spent on the case" by controversial NGO "Greek Helsinki Monitor" ... "at an Hourly rate of EUR 100", (sic !), etc - in Addition to "any Tax that may be chargeable to them", in 3 Months time, from the expiry of which, it would also have to pay an "Interest"...

More than 51.000 €, plus Taxes, plus Interests, etc, merely for a ..."Frustration" reportedly felt by a few Homosexuals just because the Greek State hadn't yet "Officially Recognized their Relationship", even if they hadn't any difficulty at all to Regulate their Private Life as they wished (Comp. Supra), at the same time that Poor Natural Families face in Greece notorious Hardships from an exceptionaly Heavy Financial Crisis, innocent Young or Old People are even committing Suicide, Threatened to be thrown to the Street, and/or Starve from Hunger, deprived even of basic Health Care, or just with a "Pension" of only ...300 € per Month, while the Greek State is Hindered to help them, obliged to pay excessive amounts of Money to a disproportionate number of often corrupted Civil Servants and/or Bankers up to -and even well beyond 2020+, etc., can obviously appear as Scandalous to the eyes of many Honest EU Citizens ! (Comp., f.ex. : http://www.eurofora.net/forum/index.php/topic,637.0.html ).

Serious Critical Questions are, moreover, raised also by the Fact that, as the "Dissident" Opinion published by EuroJudge Pinto de Albuquerque (who Voted Against the above mentioned Condamnation) denounces, "the particular interest of (this) case is that the Grand Chamber performs an abstract review of ...a Greek law" : It "not only reviews ...a law which has Not been Applied to the Applicants, but furthermore does it WITHOUT the benefit of PRIOR SCRUTINY of that same legislation BY THE NATIONAL COURTS; ..without any prior national judicial review".

In fact, this complaint should have been declared "Inadmissible for Non-Exhaustion of Domestic Remedies"; because "the ...applicants ...did Not even try to lodge their claim before the National Courts" : "No opportunity was given to the national authorities to address the applicants’ complaint at the national level". Thus, "the principle of Subsidiarity was infringed". "The Applicants Failed to use the Remedies that would have enabled the Greek Courts to examine their allegations of a violation of the Convention. Consequently, the Grand Chamber of the (Eurpopean) Court should Not have addressed the Merits of the case, which it did as a European Constitutional Court functioning ....at the direct request of the persons concerned. Not even Hans Kelsen, the architect of the concentrated Constitutional judicial Review system, would have dreamed that one day such a step would be taken in Europe !", the Dissident EuroJudge concludes critically...

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A "9/11" against real Human Rights ?...

---------------------------------------------------------------

However, for "EuroFora", the main Risk might be elsewhere :

- Curiously, this controversial ECHR's ruling is published on November, while, in fact, EuroJudges had already taken their Decision on ... "September 11", 2013, i.e. right on the Anniversary Day for the 9/11/2001 Mass Deadly Terrorist Attacks at New York and Washington DC, which have notoriously Marked World's History, bringing Big, unexpected Changes : A too long Delay of 2 Months, which is quite Unusual for the ECHR.

But this is not the only Strange fact in this ruling : Indeed, as we say above, the Greek Government had mainly tried to explain the exclusion of Homosexuals from those Civil Unions created on 2008, by claiming, in substance, that their Aim was to help Raise Children even Out of Marriage, while Same Sex couples were Biologically Sterile and Unable to have Children by themselves. ECHR did not exclude a priori such Differences of Treatment, related to Children issues, between Natural/Traditional Family and Homosexual couples. But a Majority of EuroJudges argued that, nevertheless, even this kind of Civil Unions had an "Intrinseque" Interest for Homosexuals, simply because it gave a kind of "Official Recognition of their Relationship by the State", while the Greek Government hadn't even tried to explain their exclusion from that symbolic advantage f.ex. by any eventual argument which might have been linked to Children or anything else, (Comp. Supra).

However, often, what is most important might be not necessarily what is said explicitly, but what EXISTS OBJECTIVELY, as an unavoidable Legal possibility, inside a precise Judgement :

Apparently, the Greek Government, based mainly on the 2008 Facts, acted in this way also on 2013 in front of the ECHR, because it took for granted that Homosexuals being Biologically Unable to give any Natural Birth to Children, then, it should have been Obvious that they had Nothing to do with a Legislation focused in particular on Making Easy to Raise Children even out of marriage, (specialy when that 2008 Law didn't even give at all to Homosexuals any possibility to obtain at least some Children by "Adoptions").

But this ECHR's ruling, by nevetheless condemning the exclusion of Homosexuals even from such a kind of particular Civil Unions, while, at the same time, it undelines what it finds to be "a Trend currently emerging, with regard to the introduction of forms of legal Recognition of Same-Sex Relationships", (particularly after the 2009 Start of Obama's USPresidential mandate), might, objectively, lead to a situation in the forthcoming Future where Homosexual couples would really attempt to use Legal possibilities as those provided for by the Greek 2008 Law in order to facilitate the raising of Children even out of Marriage...

How ? Obviously by Changing so brutaly the Traditional Legal landscape, that Homosexuals might start to massively "Adopt" Children thus submitted to the Power of even total Strangers to their Natural Family, (something which would naturally Risk to unavoidably Boost also Children "Trafficking" of Children, as,f.ex. it already started to happen in Holland, etc), abuse of "Subrogate Mothers"' atrocity, make a Massive use of "Medically Assisted Procreations", with Sperm/Eggs' Banks, Genetic PreNatal Tests, In Vitro Fertilisations, Artificial Inseminations, etc. i.e. practically submitting Human Procreation to Technocrats, (which would obviously provoke Big Dangers against Humankind, particularly if this would be combined, at the same time, with Parallel Changes introducing possibilities for Massive Genetic Manipulations of Human Embryos, etc., as it has already started to be done in Obama's USA since 2009-2012, in Hollande's France since 2012-2013, etc)...

Certainly, the present ECHR ruling could (and, in our sense : Should) be also interpreted legally in such a way that it couldn't do more than just incite the Greek and other Legislators, when they take the initiative to create Civil Unions or any other Legal Forms for Unmarried Couples, to include also Homosexuals ONLY to those provisions which do NOT concern Children (Comp. Supra). The ommission of similar possibilities for Homosexuals regarding other provisions which deal with Children, would be justified by the obvious Necessity to ensure the Legitimate Aim of preventing such Dangers for Humankind as those against which we have just Warned above, (Comp. Supra : the previous paragraph).

=> Otherwise, this "9/11" decided ECHR Ruling, which was published only Today, (Comp. Supra), could really Risk to become an even Bigger Danger of Major Hazards against Humankind than the real 9/11 was for New York's WTC's Deadly Implosion !...

As in traditional Alfred Hitchkock's films, (Comp. f. ex. with the famous images of those "Birds", and/or of that apparently anodynous Agricultural Crop-spraying small Airplane, which are suddenly both transformed into Dangerous Instruments for Deadly Attacks), as well as in the 9/11's Hijacking of peaceful Civil Airplanes, suddenly transformed into Suicide Bombs triggering Deadly Mass Destructions, TCW's Demolition, etc, IF people are not careful enough, then, obviously, even some apparently "Anodynous" ECHR Rulings as this on the "Vallianatos" case, (curiously published Today, 2 Months after its Adoption at the Anniversary Day of September 11), could, obviously (Comp. Facts cited Supra) be technically "Hijacked"and turned into Legal Instruments of Mass Destruction against a Humankind, then, threatened with an even Worse "Implosion" than that of New York's World Trade Center Skyscrapers, even if this unfolds, at first, Silently....

(../..)