newsitems

* Strasbourg/CoE/Angelo Marcopolo/- After the ECHR just started, for the 1st time on 2012, to master the Quantity of its cases, will it also be able to safeguard the Quality of the protection of Human Rights that it has the task to guarantee to almost 1 Billion of Citizens throughout 47 CoE Member Countries ?

The Question is inevitably raised, when one sees ECHR's efficiency apparently challenged today in some among its classic cases  of particularly serious violations : F.ex. in that of "Missing" Persons in Cyprus, historically Standard-setting for many other similar cases throughout Europe and in the World. While, almost at the same time, several Governments seek to explicitly affirm ECHR's "Subsidiary" role, compared to that of National Authorities, in controlling Human Rights' violations, as well as their "Margin of Discretion" vis a vis EuroJudges' checks and balances on substantial issues, even to shorten Time Deadlines for Victims' applications to ECHR in Strasbourg from 6 to only 4 Months, etc., as a Draft Protocol No 15 currently prepares to insert in the PanEuropean Convention on Human Rights, "EuroFora" observed during ECHR's Annual Press Conference in its Strasbourg Headquarters opening the year 2013.

However, apparently both Optimist and Voluntarist, the brand new ECHR's President, Dean Spielmann from Luxembourg, concisely but artfully replied to both "EuroFora"s above mentioned Questions, by mainly declaring his Trust to some well-crafted  ECHR's case-law key tools, able, in his view, to always help find adequate Solutions for a good Quality in the protection of Human Rights, be it, sometimes, by inspiring itself from some widespread jurisprudential tools already in use among several CoE's Member States, particularly on the delicate issue of the Judicial Control of States' Discretionary Powers, f.ex. by eventually focusing on a set of Principles due to guide their Decision-Making Proces, ("Processus Decisionel" in the original in French), as "EuroFora" suggested.

- ECHR's well-crafted case-law principles, can always interpret the PanEuropean Convention on Human Rights as a "Living" tool, "in the light of current Life"'s needs, and has just succeeded, for the 1st time in History, to "Reverse" the previously growing flux of cases, by reducing in 2012 the Pending cases - 16%, mainly by using the potential already provided by the "Protocol 14", (since its Ratification by Russia at the same moment that a process of ECHR Reforms was starting at Interlaken from 2010  : comp. "EuroFora"s NewsReports from the spot), while it already disposes sufficient tools in order to be able to tackle also some particularly serious Human Rights violations, as that of "Missing" Persons, f.ex. in Cyprus, (currently apparently stalled), by an adequate use of a clause concerning ECHR's competence throughout Time periods (rationae Temporis), optimistically replied the new ECHR President, Dean Spielmann to "EuroFora'"s Questions at his 1st Press Conference in his challenging new function.  

Thus, after strongly asserting, indirectly but surely, that there is practically Not any Discretionary Power of States in cases of Torture or Inhuman/Degrading Trearments (Art. 3), he apparently also agreed that a kind of new Decision-Making Proces legal check might become possible, through ECHR's case-law developments, if States' Discretionary power on the Substance of issues would be explicitly confirmed as scheduled by the current Draft Protocol 15, almost as "EuroFora" had suggested, (comp. Supra).
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 In fact, "EuroFora" raised "2 Differend Questions" to President Spielmann, succesively :

- "During recent years, it was revealed several times, f.ex. on 2010 and on 2012, etc., that at least certain Persons, were indeed arrested Alive (by the Turkish Army : some even inside their Family Home !, See f.ex. case of "Germanos", found killed on 2012), but they "Disappeared" afterwards, and finally found Murdered (f.ex. with their Cranes pierced by Bullets, and their Bones Hidden inside a Well : Findings of August 2010, etc), without knowing what happened to them", nor who is Responsible, (as long as Turkey persists to refuse to open its Military and Prison Archives, despite a fresh CoE's Committee of Ministers call, since June 2012).

- But, "almost at the same time, some interpreted, more or less rightfully or wrongly, certain controversial points at a Ruling decided by a simple Chamber of the ECHR, that, apparently, more Strict Limits might have been imposed, from what was traditionaly the case, to Victims' Families, concerning the possibilities they have to lodge an application" to Strasbourg.

+ Moreover, "in the meantime, it's also the situation concerning the (EU-funded) on-going Researches in order to find at least Victims' remains, appear rather Blocked, from various practical and technical points of view", (f.ex. Resignation of 1 out of 3 Members of a relevant, UNO-sponsored Committee, controversies between Geneticians and Archeologists, transfert of GNA analysis from Cyprus to .. Bosnia !, less and less Testimonies available, etc), "EuroFora" observed.

=> "Is there any Hope, for the ECHR, as a matter of General Principle, to find a way to "re-visit" these (obviously very serious) cases (of grave Human Rights violations), for those Victims' Families who may really wish (to find the Truth),

so that nobody could ever claim that Latin America might have Stronger Principles on the protection of "MISSING" Persons, than Europe itself ?", "EuroFora" asked President Spielmann.
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 + And, 2nd, "an absolutely Differend Question, for the Future, on a point that you evoked yourself, (earlier in this Press Conference), in relation also to another question by a collegue" journalist :

- "As you know, CoE currently prepares a "Protocol No 15", to the PanEuropean Convention on HUman Rights, which evokes not only the issue of the so-called "Subsidiarity", (of ECHR vis a vis National Court's duty to tackle Human Rights' violations), but also of a <<Discretionary>> power of States" (f.ex. on the choice of concrete ways to protect Human Rights, etc), "which existed already as a matter of principle, but is much more and explicitly underlined in that (Draft) Protocol, which has provoked various Controversies and Discussions" recently, "f.ex. by certain International Human Rights' NGOs, etc., as it's normal" for so important Reforms.

=> "Concerning the Future" of the ECHR, "do you think that, if that Draft Protocol No 15 is adopted as it stands now, in order to be able to exert some Control (Checks) on that Discretionary power" of States, "not on the Substance of the issues, but at least on the (Decision-Making) Process, "ECHR might inspire itself from several converging Case-Laws which are Spread all over many EU and CoE Member Countries : in France, Germany, Italy, Luxembourg, Greece, etc., already since a long time ago, (at least since the late 1970ies - early 1980ies, etc), until recently, according to which Judges check, f.ex., whether the Facts evoked by a State really exist, or not, if the required Contradictory Procedure (i.e. by warning affected People of an imminent decision which affects them, collecting their observations and responding to them) was respected, or not, if a Motivation is Sufficient, or not, if there is any abuse of a Legal Power for illegitimate aims, the Proportionality of the means chosen in order to reach a Legal Aim, if there is any Obvious Error of Appreciation, etc., i.e., mutatis-mutandis, everything concering the Decision Making Proces ("Processus Decisionel" in French), but not the Substance of the matter, in order to keep certain guarantees of at least some kind of control by the ECHR, independently of the (State's Discretionary Power) on the Substance ?", "EuroFora" questioned in conclusion.
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  [Comp.: Angelos C. Marcopoulos,  "Le contrôle, par voie de R.E.P., des mésures Administratives d' orientation des activités Economiques privées, en France et en Grèce", Mémoire de DEA (Master), Faculté de Droit, Université de Strasbourg, Note : 18/20, Directeur : Paul Amselek, Professeur de Philosophie de Drtoit à l' Université de Paris II ;  Jury : Jean Waline, ex-Président d'Université, Professeur de Droit Public ; Jean-Paul Flauss, ex-Maître des Conferences à l'Université de Strasbourg (chargé d'enseignement en Droit Constitutionel et Adminstratif), actuellement Professeur des Droits de l'Homme à l' Université de Paris II. Ouvrage de plus de 1.000 pages, choisi par la Faculté de Droit, sur proposition du Professeur Amselek, pour être présenté au Prix d'ADRERUS, destiné à Thèses de Doctorat. Full Copies registered f.ex. at the Bibliothèque Universitaire "Cujas", à Paris, Academic Library of Athens, and Bibliothèque of Strasbourg University/Faculté de Droit].
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 - "Thank you very much, Sir", energetically reacted from the outset ECHR's President Spielmann, after noding positively several times, and apparently eager to reply on the most crucial points that "EuroFora"'s above-mentioned Questions raised  :

- "Concerning the 1st Question, on the "MISSING" Persons, you know that we (ECHR) have a ver developed Case-Law in this regard, f.ex. I remind you the Grand Chamber Judgement on the "Varnavas" case (about several Greek Cypriot "MISSING" Persons', 10/2010 : Comp. "EuroFora"s relevant NewsReport), which elaborated certain Principles in this area, particularly concerning the application of the (PanEuropean) Convention (on Human Rights) Rationae Temporis (i.e. accross the Time)", pointed out President Spielmann replying to "EuroFora". 

Indeed, one of the most Crucial points today, in "Missing" People's cases, is, precisely, how exactly to interpret (and/or make eventually evolve in the Future) the additions apparently brought  by the "Varnava" case judgement on the concrete ways to estimate the Time-limits of Victims' Families right to present an Individual Application to the European Court of Human Rights,..

In fact, it seems, that, if the Victims' Families have already shown a keen interest into searching to find out what really happened to their beloved ones, then, the Basic Principle that "like the Sun who rises each day anew from the East, as long as it has not yet been revealed what happened to the "Missing" Persons, and as long as those who are Responsible for their Enforced Disappearance have not been found nor punished, these questions are being raised anew, and the cases remain permanently open", as experienced former President of UNO's Group on Enforced Disappearances, headquartered at nearby Geneva,  University Professor Corcuera, has already stressed previously to "EuroFora"s co-Founder..

But, the point is, precisely, to make it Crystal-clear today for Victims' Families that ECHR guarantees the application of this Basic Principle in Europe even now and in the Future, (at least as it's already endorsed by the PanAmerican Legal System, given, particularly the numerous Tragic cases of "MISSING" People, even Older than in Cyprus, which remain open in Argentina, (a country with is notoriously doing much in order to find and punish at least the main Criminals Responsible for atrocious Kidnapings, secret Detentions, Torture and Murders of many People since the 1960ies-1970ies), added to a scandalously growing number of contemporary "Enforced Disappearances" recently in Mexico, (particularly close to the USA Border)...

+ "Now, if you might wish to raise also questions on concrete details concerning Pending cases, then, I'm obliged to reply to you as I've already done today vis a vis other Journalists in similar cases, i.e. by reminding the general principle that I can't comment on Pending cases", Spielmann diplomaticaly used his right to escape, smiling, for the rest...

However, ECHR's experienced Chief Registrar, Erik Fribergh, speaking later to "EuroFora", reminded also ECHR's case-law on "New Facts", (as f.ex. those recently revealed in several Greek Cypriot "MISSING" Persons' cases : Comp. Supra, etc), which, naturally, allow to re-open certain cases, after a careful examination of the concrete circonstances of the affair, (and/or of a Series of interlinked cases).é

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 - Now, "on you 2nd Question : You spoke about Dicsretionary Power", and I presume that you refer to the (Legal) Theory of the "Margin of Appreciation", which,  following the Brighton (Ministerial) Conference (on 2012), is being included in a Draft Protocol No 15, which suggesst to integrate that theory of "Discretionary Margin" in the Preamble of the (PanEuropean) Convention (on Human Rights)", President Spielmann observed.

- "However, I would like to underline, in this framework, that, this reference made in the Preamble, is certainly not due to considerably Change our (ECHR's) case-law practice", the New President of ECHR firmly replied to "EuroFora"s 2nd query for the foreseeable Future (See above).

- Already, "as you know, it's one among the principles for Interpretation of the Convention" of Human Rights, President Spielmann reminded in this regard to "EuroFora".

+ "And you also know, as you have already said yourself, that there is a very large (Discretionary) Margin, when it's  about Evaluating the Facts, (since) we (ECHR) are not a Court which checks the Facts, and when it comes to the interpretation of the Internal (National) Law, then, the Discretionary Margin of the National Authorities is, there, very wide", President Spielmann acknowledged towards CoE's Member States.

=> "But, on the contrary, it's (States' Discretionary Power) extemely Reduced,  or even Non-existent, when it comes to check Cases related to non-derogeable (Human) Rights from which there is No Derogation at all, (f.ex. Art. 3 of the PanEuropean Convention, which prohibits Torture and Inhuman/Degrading Treatments at any case, even of War, contrary to Life, which accepts several derogations), the new ECHR President stressed in reply to "EuroFora"s 2nd question, clearly reminding States' Discretionary Power's absolute limits.

>>> - "So, that (States' Discretionary) Margin, calls for something which must be very delicatelly calculated, (very accurately measured), in our (ECHR's) case-law, and this isn't going to change just by inserting that sentence about (States') Discretionary margin in the Preamble (of the PanEuropean Convention), in a more Transparent way, since that Margin (of State's Discretionary Power) is due to be consecrated inside the Preamble just as one among several Principles of Interpretation" of the Law.

    + But, "there are also Other Principles that we (ECHR) apply, and particularly the Principle that the (PanEuropean) Convention (on Human Rights) must be interpreted as a "Living" Instrument, in the Light of the contemporary conditions of Life", pointed out ECHR's President Spielmann in conclusion of his reply to "EuroFora"s 2nd question on the foreseeable Future.

    I.e. able to evolve, (f.ex. in order to incorporate the Decision-Making process' checks and balances, already recognized and widespread in many EU/CoE Countries since long ; Comp. Supra), the new President of the ECHR added at the last minute, with obvious Voluntarism, apparently Warning that EuroJudges haven't yet said their last word, and keep always their Independent Legal power and Duty to care about at least the most crucial points, which may prove to be necessary for an elementary protection of Human Rights in Europe, (including, f.ex., by progressively adding in their Case-Law, the main elements of checks evoked earlier by "EuroFora")...

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=> It's at this key-moment in ECHR's History, that its new President, Dean Spielmann, symbolically pointed at a landmark Book, also cherissed by his predecessor, Professor Jean-Paul Costa (currently President of Strasbourg's International Human Rights Institute René Cassin), initially published in French and English with the financial help of Luxembourg's Government, and now printed even in Russian, etc., called "Europe's Conscience"...

An obviously Welcome heading, a fortiori when, already, "for the 1st time, during 2012,  the flux of applications has been Reversed", since thre stock of Pending cases was Reduced from more than 150.000 at the beginning of the year, down to 128.000 by the End of the year, i.e. - 16% less, so that ECHR might look forward into bringing the inflow and backlog of inadmissible cases "under control within 2 or 3 years", as things stand today.

i.e. even without any supplementary Reform, according to the Principles decided by the CoE in the framework of the "Interlaken process" of eventually necessary reforms, launched since February 2010 in Switzerland (Comp. "EuroFora"s NewsReports from Interlaken), which include a decision to wait until to see the practical effects of the New Protocol 14 change, thanks to Russia's last-minute agreement, before pushing for an even more rigorous "Filtering" of applications and/or other Reforms restricting Acess to Strasbourg's Court. A fact which should obviously take some Pressure away from the ECHR and Human Rights' Violations' victims..
(../..)

*Strasbourg/CoE/Angelo Marcopolo/ (EXCLUSIVE)- Georgia is always "Ready" for the AGRI project to create a Direct, fast, cheap and safe Transport link to EU's Industrial Heartland for Central Asia's Gas, via LNG Ship transports through the Black Sea and Danube/Rhine rivers, but something seems to have stalled in someone among our "Partners", claimed the embattled Georgian President, Milheil Saakashvili, speaking exclusively to "EuroFora" at the CoE, after meeting with its PanEuropean Assembly's President, Jean-Claude Mignon in a short Press-point, just before addressing its first 2013 Strasbourg Plenary for a Speech and Question/Reply session with MEPs from 47 Countries.

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 - "EuroFora" asked the Georgian President if "the AGRI project is included among the internal Controversies", which have bursted out recently in the country between the Presidency and the National Parliament's new Majority (since October 2012),"or not".

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   - "I think that AGRI project's developments have still, a very high link with our Partners", (i.e. Azerbaidjan, Romania, but also various other neighbouring countries, etc), Mikheil Saakashvili replied to "EuroFora" question, using an unusually evasive vocabulary on that point, (which had been raised also in the Past).

 - Because, "I think (that) in Georgia, so far, we didn't really approach towads the essence" of the AGRI project, he estimated.

 - "I mean, we (Georgia) will always be ready", ensured the experienced President of the Country.  

- "But it's still stuck within our Partners", he claimed, for the 1st time here.                                                                                                                                                                                                                                                                                                                                                                                                                                                 
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In previous Years' "EuroFora"s encounters with the Georgian President at the CoE in Strasbourg, he had appeared initially open to examine any possibility to transport Central Asia's Oil/Gas Energy Resources directly to Europe, including throuh a Black Sea - Danube River direct link, afterwards had joked saying in substance that he would consider only "Existing, Real Projects", not just hypothetical ones, even if they represented "Good Ideas", and, later-on, when the AGRI project was at last officially presented by Romania etc., he had finally started to find it not only "Technically Sound", but also able to "move Faster" than anything else (See, f.ex. : http://www.eurofora.net/newsflashes/news/georgianpresidentagriproject.html ).

So, it's obviously the 1st time that Saakashvili, while still expressing Georgia's "Readiness" to effectively join the AGRI project, nevertheless, finds, in (an unusually sharp wording) a problem that he claims to be due to someone among his "Partners", as he told "EuroFora" (comp. Supra), but without naming him...

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It certainly can't be Romania itself, since it's the main EU Country which is principally interested in Black Sea - Danube Energy Transport links, as in the case of the AGRI project, also because its relevant SeaPorts as well as the location of Danube's Delta, (in addition to President Basescu - a former Ship Captain- energetic commitment in such Sea - River ship trasport projects : Comp. many relevant Basescu's statements to "EuroFora"s co-Founder since many years, from 2004 up to 2011 included : f.ex. : http://www.eurofora.net/newsflashes/news/agridanubeprojectsbasescu.html ).

No more adjacent Bulgaria, which can only benefit from such Projects, given its Danube River ports, as well as the fact that the Geo-Political importance of the 2007 EU Enlargement to Bulgaria and Romania, giving to the EU, for the 1st time, a Direct Link to the Black Sea, would be considerably strengthened for all Europe by the AGRI project.

So that several other relevant EU Countries, including Big ones as the Franco-German European "motor", from whom various High Ranking, experienced Top Officials have already expressed to "EuroFora"s co-Founder their Naturally great Interest for such projects of Direct EU - Asia Enegry Transport links, via the Rhine/Danube - Black Sea ship transport corridor, ( f.ex. Gaz de France's Director for International Relations, even EU Commissioner for Energy, Günter Oettinger, etc), with German land receiving a good part of Danube, while France hosts Rhine River's International Navigation Committee In Strasbourg's  superb "Rhine Palace", particularly after the 2001 opening of "Grand-Gabarit" Ship transport links between Danube and Rhine, etc. ;  and it's obviously many other, Small-Medium but always Strategically located European Countries and/or EU Accession Candidates which have also an Interest, such as the Netherlands (No 1 in EU's River Ship transports, and co-Initiator of such Danube-Rhine a.o. Pan-European Rivers' Networks since long) ; Hungary which hosts Danube river Navigation's Authorities, (comp. also Hungarian Prime Minister Victor Urban's relevant Statements to "EuroFora" in Brussels and Strasbourg) ; Ukrania, which holds a part of Danube River's "Delta", (and had already started to re-open a renovated Channel link to the Black Sea, able to serve also Big Gabarit Ships) ; etc. Russia itself could, according to an obvious Geographic logic, use, at least partly, a Future Black Sea - Danube/Rhine rivers Ship link for its own Energy Resources' transport to the EU, (while Moscow is also Member of the Danube River Navigation Committee), contributing to ameliorate also the Russo-Romanian relations by adding another joint interest permanently.

As for Azerbaidjan, it's among the main Beneficiaries of the AGRI project, and able to feel quite well the need to Diversify, Simpify, make Shorter, Cheaper and Safer its Gas transport links, directly towards the EU, - i.e. without being always obliged to pass through a too Long, much more Expensive and Dangerous, (because exposed to Risks of Earthquakes, various Conflicts, vis a vis Turkish Kurds, Armenians, Iraqi Kurds, Syria, Cyprus, Israel, etc, as well as to Ankara's usual Political Blackmails) pathway - as even the experienced Azeri deputy Minister of Foreign Affairs, Guliyev, has repeatedly agreed wIth "EuroFora", (comp. f.ex.: http://www.eurofora.net/newsflashes/news/coeministesondanubeblackseagastransport.html ).

Meanwhile, even at the South-Eastern Mediterranean Sea, while EU Member Cyprus apparently leaves the issue still "Open", as certain key Officials told "EuroFora" earlier at EU Parliament in Strasbourg, neverthelesss, Israeli Ambassador to the CoE, Nimrod Barkan, speaking to "EuroFora" earlier today at the CoE, clearly indicated that Israel's main choice, after having also thought to initially transform Gas to Electricity, transported by undersea cable to Europe, finally would go towards LNG Ship Transports, (which could, therefore, be boosted all around EU's Seacoasts).
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Thus, one is inevitably led to raise Questions about neighbouring Turkey's geopolitical Competition games, since, among all other, effective and/or potential "Partners" of Georgia, Ankara is the only one whose individual interests are 100% Opposed to the creation of a Direct, short, cheap and safe EU link towards Romania for Central Asia Energy Transports via Ships through the Black Sea and Danube/Rhine rivers, prefering to impose, by any means, a much Longer, more Expensive and Dangerous corridor, uselessly Zig-zaging, away from Europe, but through Southerner Turkey's Anatolia plateau and Mountains, not so far away from the Syrian, Iran and Iraqi borders, before attempting, later-on, when it might arrive at the Aegean Sea borders, to continue by Turning again towards the North, etc., etc...

+ Indeed, as "Eurofora" was told Today by some other Azeri sources, Turkey apparently pressured recently Baku to accept the principle of another, even 2nd Zig-zaging Pipeline, down Southwards, from Azerbaidjan to Turkey via Georgia, which would then cross all through the long Anatolia plateau, up to the Greek Borders at the Aegean Sea, before turning again Northwards, etc...

- "This (i.e. Ankara's insistance to impose, at any price, a Long, Expensive and Dangerous Zig-Zag to Central Asian Energy Transport routes through Turkey, before they reach Europe), has recently Dissuaded all other Options" for Azerbaidjan, thus Hindered to use its full Potential, threatening to "freeze" or postpone them, at least for the  time being, (i.e. practically Hindering EU - Asia Energy links, specially Azerbaidjan, to use their full Potential fast enough), the source warned "EuroFora".

Indeed, given all these Facts, it cannot be excluded that Saakashvili, always anxious to interpose NATO between Georgia and Russia, as he reiterated today at the CoE, despite his otherwise good knowledge of Georgia's interests, might have been obliged, by pro-Turkish Lobbies' insistance, to accept, at least for a while, Ankara's demands to delay somewhat the AGRI project, at least until that notoriously unwanted "Anatolia" Turkish project, too expensive, too Long and Dangerous (see Facts already cited Supra) and currently not supported by anyone else than Turkey itself, might, eventually, find at least a few clients..
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However, new Prime Minister of Georgia, Ivanishvili, a self-made Billionaire who was chosen to head the Winning Coalition of political parties to October 2012 Elections and is just starting a 4 years-term, has reportedly decided, according to mainstream Media, to review many such controversial Deals allegedly imposed to Georgia in favor of Turkish a.o. related interests, including in various Infrastructures, (f.ex. Powerhouses, Railways, etc). - "There are projects and contracts ... by the previous government (that) are ... not beneficial for our country. We plan to Review these projects", Ivanishvil reportedl anounced. (See, f.ex. : http://en-maktoob.news.yahoo.com/georgia-review-deals-signed-previous-government-165856349--sector.html )

In particular, the so-called "new" Trans-Anatolian pipeline hypothesis, (which reportedly succeeded to failed "Nabbuco"'s Insufficiency of Gas supplies compared to its heavy Cost), appears, in fact, to be only a re-make of an old, 1996 dated idea to merely sell to Turkey alone Azeri Gas from a future field, which curiously surfaced now, while Turkish Economy is currently falling down with a possible Crisis looming. At least Azerbaidjan's SOCAR company seems to hope to also sell to Europe a part of the Gas transported by TAP, but without knowing yet how this might, eventually, be transported to hypothetic EU consumers through Turkey, when, and at what cost, (while Russia's North and South Stream pipelines' building, EU's Renewable Energies' boost and Enegy Efficiency plans, as well as new EU Gas findings at EU Member Cyprus, Israel and Egypt, Nigeria, etc, might soon make more Asian gas supplies partly redudant for the EU as several specialized Media warned. Thus, the obvious Question raised is why should Azerbaidjan and Georgia build more Long and Expensive, Dangerous and Environment-Polluting Pipelines without any other certainty than merely  to bring Gas to an uncertain Turkey alone, (instead of heading directly towards the EU with AGRI a.o.  Shorter, Cheaper, Faster and Safer projects) ?

So that, in one way or another : I.e. without excluding also the possibility that President Saakashvili, (who might, eventually, remain in power until the next, October 2013 Presidential Elections), could possibly realize also himself that, if things are in substance as they seem to be (comp. Supra), then, the country's, the whole region's, and even all Europe's general Interest, obviously is to bypass any eventual attempt to hinder the AGRI and/or other such Black Sea - Danube/Rhine river Asia - Europe Ship Transport link, directly heading towards the EU.

*Strasbourg/EU Parliament/Angelo Marcopolo/- The importance of Human Rights for the incoming Irish EU rotating Presidency, including on EU Enlargement, was confirmed to "EuroFora" by the new EU President in office, Irish Prime Minister Enda Kenny, who also stressed, earlier today at EU Parliament's Plenary in Strasbourg, that in EU needs to attract genuine Popular Support, by better associating EU Citizens to its Decision-making processes, in order to win the present Challenge of succesfully completing a necessary Economic Governance also with a relevant EU Political Union that would be strongly backed by European People, meanwhile, the example of Irish Economy's on-going Recovery showing that adequately organized efforts can yield positive results in real practice, (See Infra).
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- Yes, naturally, Human Rights are certainly important for the incoming Irish EU Presidency, Prime Minister Kenny replied positively from the outset, without any hesitation, to "EuroFora"s relevant question;

+ And he made it clear that, "Yes, this goes also vis a vis EU Enlargment policy" too.

+ In this regard, he also reminded Ireland's own active involvement, through "the United Nations, accross the World", "in Peace keeping, and Dealing with issues of Poverty, Human Rights and Malnutrition",  while now a "Major (EU/UNO) Conference in Dublin, on April (2013) will deal with Climate Change, Malnutrition, Illiteracy, etc. These are issues into which we have obviously an interest", he anounced.  

- Indeed, "the Irish People's Commitment to Human Rights .. is Exemplary", Enda Kenny stressed earlier, speaking about EU's "Foreign Policy", just before starting to deal with "Enlargement", whose "policy" must be "Credible".

- EU's Credibility is "based on the Principle of Conditionality", and "much will Depend on the Progress made by the (candidate) States themselves", Irish EU 2013 Presidency's Programme explains further, (apparently contrary to Turkish Governmaint's astonishing recent claims that Irish EU chairmanship would close its eyes on Ankara's persisting refusal to respect at least its basic Human Rights' obligations).

-In this regard, the Jan.-June 2013 EU Council's Chairman, confirmed that "Croatian People" should, normaly, be "greeted as (EU) Members on the 1st of July", 2013, as well as he cited "Iceland" before Turkey, in a List of "Countries in Negotiations, each at Different Stage", together with "Montenegro", with which Negotiations were "Recently Launched".

 The natural  "Difference" between Iceland and Turkey being perceptible also in the Irish EU Presidency's official "Programme", which anounces that it "will Work Further to Advance the OnGoing" EU "Negotiations with Iceland", but simply "Seek to Restore (sic !) momentum" in the "Process with Turkey". (The word "Accession" having, wisely, .. disappeared in Prime Minister Enda Kenny's EU Parliament speech, since EU Councils have already decided, repeatedly, that EU - Turkey's deals will be an "Open-Ended process", i.e. which might result also in a Privileged Partnership or any other kind of closer relationship with the EU, but not necessarily into a full entry)....

- However, for EU to be more credible when it has to exert Pressure on Candidate Countries in order to make them respect EU conditions and standards on Human Rights, Democracy and Rule of Law, etc., we (EU itself and Member Countries) have to be ourselves really consequent, f.ex. when it comes to fight corruption, rightfully observed in substance the Irish Minister for EU affairs Lucinda Creighton, in a subequent EU Parliament's debate on "Corruption, Misuse of EU funds and effects on Political Decision-Making processes", together with EU Commissioner Michel Barnier.

 
 - "If the Greek State fully takes it seriously to really fight against Corruption, then, things will certainly change for the better", stressed Austrian MEP Hubert Pirker in reply, speaking shorftly after a Majority in Athens' Parliament just decided an Investigation vis a vis former PASOK Minister of Finances Papakonstantinou, but refrained, at least for the time being, from doing so also vis a vis the current and past PASOK leaders Venizelos and Papandreou (also former Prime Minister  between 2009-2011 and Minister between 1993-2004), despite strong criticism by most Opposition parties, both from the Right and the Left side of the political spectrum, which asked for the Investigations to have a Wider scope, (among many other concrete examples in a similar sens).

By an irony of the sort, (which obviously Simplifies things in the case of Greece), it's more or less the same groups who notoriously profited from Clientelism, Nepotism, Corruption and other Crimes committed in the Past in a disproportionaly extended Public Sector, mainly under some former "Socialist" Governments during the last 30 Years (1981-2011), and accepted a 1999-2001 Deal to "close their eyes" on Turkey's gross violations of Human Rights, etc. so that Ankara would get a controversial and unpopular "EU Candidate" status after the 12/1999 Helsinki EU Summit, in exchange of Greece's too early Entry in €uroZone even before it makes necessary Economic Reforms in order to prevent the huge Debt Crisis which broke out later-on from 2009...  So that, often, criticism on Turkey's persisting and/or growing, serious violations of Human Rights/Democracy, and against mainly Past Corruption in Greece, are often linked in practice...
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+ Replying to a relevant Question that we raised after Today's Press Conference at EU Parliament in Strasbourg, Enda Kenny said that he remembered quite well his 1st meeting with "EuroFora"s co-Founder, symbolically made in Berlin, back on March 2007, on the sidelines of a special Summit of EU Heads of State/Government which symbolically included a landmark event to celebrate 50 Years since the foundations built by Rome Treaty of 1957, with the adoption of a Declaration starting : - "We, Citizens of Europe" (as the Historic USA's Declaration of Independence : - "We, the People"), focusing on the Unification of Europe on the basis of Human Rights and for the Welfare of its People ("Glück" at the original in Deutsch). *PHOTO www +++

The move had been done in the framework of the German 2007 EU rotating Presidency, that Chancellor Angie Merkel had inaugurated at EU Parliament in Strasbourg since January 2007 wih a landmark speech where respect of Human Dignity and Fundamental Freedoms had been named as "Europe's Soul", being followed also by Merkel's visit to the ECHR where she was welcomed and spoke with the then President, Professor Jean-Paul Costa (French), in the presence of Strasbourg's Journalists, including "EuroFora".

Enda Kenny was then (3/2007) a new Chief of the main Opposition party in Ireland, and had participated in Berlin to an EPP Summit, (as also on December 2012, before the latest EU Summit in Brussels, where we simply crossed eachother), after which he gave to "EuroFora"s co-Founder a brief but topical statement, on his own initiative, containing a critical remark on Turkey's failure to meet EU standards and Values, (which had been published at "TCWeekly" in the following days), following a collective appraisal by the latest then EU Brussels' Summit of December 2006, which had notoriously decided a series of Sanctions ("freezing" several Chapters in EU - Turkey Negotiations, and setting a new Time Deadline until December 2009, calling Ankara to, at last, comply with EU Member Countries' collectice Declaration of September 21, 2005, and withdrtaw its provocative and serious attack against EU, CoE and UNO's Member Country Cyprus, made earlier, on July 29, 2005, just after Turkish Prime Minister Erdogan's visit to London, where he had met former Prime Minister Blair ("Socialist"), and particularly to fullfil the only Commitment that Turkey had undertaken in order for  EU Heads of State/Government to open Negotiations with Ankara, (which has not been fullfilled not even today, on 2013)..

This is obviously added to Ankara's notorious Failure to implement (even more than 15 Years after the first cases were decided !) the Biggest Number among all 47 CoE Countries in Condemnations by the ECHR for repeated, serious violations of Human Rights, such as Torture, Killings, Arbitrary Deprivations of Liberty, Unfair Trials, Oppression  of Freedom of Expression, "Missing" Person, etc.+
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- Thus, speaking today, just a few days after "the 40th Anniversary of (Ireland's) joining what was then the European Community" (1973-2013), Prime Minister Kenny observed from the outset that, in fact, - "our Atlantic Island has long been at the "Heart" of Europe", (i.e. close to Merkel's 2007 wording  : Comp. Supra).

- F.ex., as early as "in the 6th and 7th Centuries" AC, "our Monks-Educators, Columbanus and Kilian, among others, left heir small Boats to bring a Light of Learning to the European Mind", he reminded at EU Parliament's Plenary in Strasbourg,

 - whose 7th ArchiBishop, Saint Florentius, was also an Irish Monk, initially Ermit at the nearby Vosges Mountains' peak of Ringelsberg, who founded Monasteries around the Haslash valley's Crossroads between Alsace and Lorraine Regions, more than 1 Thousand Years ago   : 674-693. I.e. during the old Austrasia ("Eastern Lands") kingdom, which united together a part of the Netherlands, Belgium, Luxembourg, Alsace (France) and Baden Wurtemberg (Germany), as well as Basel (Switzerland), at EU's core.

- "Today, Ireland keeps that Faith, with our continent", as a "Union of Peoples", "because of a particular idea of Europe ":  I.e. "that ..., despite  our National Differences, as a People, we (Europeans) dwell Best and Deeper, Always in the Shelter, Never in the Shadow, of the other". Therefore, "we (Europeans) must work hard and Together, to ReNovate, to Restore and to ReNew our Union", the Irish Prime Minister said to MEPs, promissing to work as Incoming EU 1-6/2013 Council's Chairman, "in that Spirit of ReNewing".

- Because, "our EU us not some exclusive, distant pavillon. Our Union is (like) a Family :  at times boisterous, anxious, fretful, joyful", but "always Compassionate, always Faithful". "So, Ireland's (EU 2013) Presidency will be about our European Family", he symbolically resumed.
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For that purpose, Enda Kenny anounced the Irish EU Presidency's intention to "work very closely with .. the Elected Members of the People of Europe in the (EU) Parliament, whose increased Importance and Growing Influence, puts you (MEPs) at the very Heart of the Union's business :

- Because "Our (EU) Citizens need to know, and they need to see that we are working ro Restore their Confidenc e and Trust, not alone in the National Parliaments, but equally and critically in the Democratic Ideal of the EU itself : It is important that People undestand and Feel that returning Confidence". Since "I am convinced that our European People can be both Inspired and Motivated about .. what we can achieve in Europe", he underlined from the outset.

- Since, "in this <<Year of the Citizens>>, we must be ready to argue the very <<Why ?>> of Europe", the Irish Prime Minister Warned, "agreeing with those who might say that our (EU Institutions') response is sometimes Not sufficiently Clear", as he criticized.       

- On the contrary, "Politics for me has always been about People, 1st and last !", stressed afterwards in reply to MEPs' debate at Strasbourg's Plenar,  the incoming EU Council's President in office.

- But, f.ex.  "this is the 1st time that EU Parliament is indispensable to the (Decision-making)  process" on  EU's Financial Perspectives' (201-2020), "because for the Lisbon Treaty, it is a Co-Decision process", and "the Irish (1-6/2013 EU) Presidency has an absolute Respect for EU Parliament as that of Elected Members of the People of the EU", since "you represent 500 Millions of (EU) Citizens".

- Already, "from the Wreckage of the (1st and 2nd World) War, we created a Peaceful, United, Democratic Europe of Peoples", But, now, - "It's indispensable for EU Citizens to feel that they have an opportunity to find Jobs which are Suitable for them, and that they can enjoy  : That's what Politics should be about".

While "the current Economic Crisis is impacting deeply on our People", among whom, "the deepest hurt is that of Unemployment.. particularly for our Young People. Their Confidence Corroded. .. Worse : Their Hopes eroded".. : But "we cannot, and will not, as Democrats, allow a Generation to grow up believing that their Political Leaders have Failed to give them a reasonable Chance in Life. Because it's they who are Democracy's Future, .. Europe's Future", and, "what matters most to our young People" is "the Chance to Work" and particularly "the Dignity of a Job", (i.e. its intrinsic Quality, independently of Money and other material aspects) : "This is the Challenge of our Generation", he pointed out.

- Already, 40 years ago, before Ireland entered the EU, "in 1973, our Exports, primarily Agricultural, went primarily to Britain", while, "Today (2013), Irish Companies export High-Tech. goods and services accross Europe", the Irish Prime Minister observed proudly.

- "The Next Phase of EU's Recovery will involve untapping the Full Potential of the Single Market", including f.ex. Telecoms (comp. "EuroFora"s recent Questions/Replies with Commissioners Kroes and Almunia, in Strasbourg and in Brussels, December 2012 : ... ), and, in general, "Technology in a Digital Single Market. So we want to see, and will prioritise progress on E-Signatures, High-Speed Broadband, collective Rights management, Data Protection, etc", Enda Kenny highlighted.

+ Moreover, "Europe remains among the Best places to live, not only just Economically, but (also) Culturally and Socially", he added, apparently evoking also a possibility for a cultural/social rights' dimension of EU's identity.

But, "the World we are living is changing : Genetics, BioTech, NanoTechnologies, Robotics, etc., all these changes that are coming out as a Wave : We (EU Politicians) have an opportunity to make  of those Waves of Change for the People who are going to live in our Planet during the next 100 years, on the Platforms that are being put now, by Courage, by Trust, by Decisiveness and by Clarity at EU level", Keny stressed.

+ Meanwhile, at another issue, which usually attracts wide interest by EU Citizens, twice elected, former President of Ireland, Mary McAleese, has recently been appointed, by the competent EU Commissioner for Education, Culture and Youth, Androula Vassiliou, as Head of an EU High Level Panel on evaluating Universities' quality of Education, Digital Innovations, etc., both in the EU and Worldwide,  (See previous "EuroFora"s Publication of September 2012 : http://www.eurofora.net/newsflashes/news/vassilioumodernizeuniversities.html )..

However, Kenny also expressed the hope to see a consistent Agricultural Budget, able to guarantee EU's "Food Security", particularly "in the context of a rapidly Growing Global Population", as well as to safeguard EU's Cohesion.
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If the 1-6/2013 EU Irish Chairmanship's Programme is mainly placed under the Title : - "For Stability, Jobs and Growth", it's also because the topical Example of a small Country which has recently faced heavy Hardships and placed under an EU/ECB/IMF Program with Austerity for its Citizens, has now started to see a real Light at the end of the Tunnel, apparently leading towards an Economic Recovery soon, this obviously brings an Optimist message to all the EU, as the Irish Prime Minister pointed out :

- "Our proud People continue to labour under the weight of Bank-related Debt". But "I' am happy to say that Ireland is taking steps on the road to Recovery : We have honoured all our EU-IMF Commitments, through 8 Troika Analyses. Last Year (2012) our Economy started to Grow again, our Exports climbed to Record-levels. We are bringing Government Spendin under Control. Internationaly, Investors are showing New Confidence in Ireland. The Result is seen in Lower Yields on Irish Government Bonds : Recent Bond Sales show the Market Confidence, that once ebbed, is now returning". So that, "We (Ireland) are determined to Exit the EU-IMF Programme before the End of this (2013) Year", he anounced.

 - Meanwhile, "We (Ireland) had to borrow 64 Billions €, and put that on the backs of our Electors, of our People, because EU Financial policy at the time was that Banks shouldn't fail.  We were the only Country in the EU where we have to pay each Year 3 Billions €  for 10 Years" for that purpose, the Irish Prime Minister denounced. =>  "And that's also why I was glad to see that the latest EU Summit took Decisions towards a(n EU) Banking Union that would be able to break the link between Banks and Sovereigns, (comp. relevant "EuroFora"s NewsReport : ......), Kenny added.

 - This point was made even more clearly, later-on, by EU Parliament's President, Martin Schulz : - "The Irish People had to bear a Heavy Burden". "If we (EU) succeeded to face a Banking Crisis it was also thanks to them. .. If there had been a Collapse of the Irish Banking System, then there would be a Contagion accross Europe, it couldn't be stopped. For a Population of a small Country this was a Heavy Burden, indeed, but it has acted with Responsibility, and protecting the entier €uroZone, even protecting the whole Europe", (i.e. including the UK). That's why Irish People require the Solidarity of us all", Schulz concluded, (partly reminding also yesterday's observation by Cyprus' President Christofias that Nicosia's current Financial problems would be mainly due to the support given by Cypriot Banks to EU/IMF's decision for a drastic "Hair Cut" of private Creditors' rights on the Public Debt faced by Greece)..
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Starting his EU Presidency at the same time that EU launches a "Year of EU Citizens" during 2013, (officially inaugurated just a few Days ago in Dublin, together with a Debate on the Future of Europe oreganized by experienced EU Commission's vice-President for EU Citizenship, Viviane Reding, as well as EU Parliament's Rapporteur on that issue, Antigoni Pericleous-Papadopoulou, MEP from Cyprus), Prime Minister Enda Kenny also stressed that EU leaders must "Motivate .. People, give them an Inspiration, that Politics does work, and that they can have an opportunity to contribute" themselves too".

- "Because if we don't do that, there will be (Popular) Anger, Rage, Frustration, Citizens and troubles in the Streets", he warned.

- In fact, "nothing is more important, in the entire Political Spectrum, than create opportunities for People to contribute to the Society in which we live". -"I'm a believer in Politics, and .. I think that we can do something about this", Enda Kenny concluded on this point.
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 - "This (2013), after all, is the Year of (EU Citizen. It belongs to every one of you (MEPs), it belongs to us, to explain to our People that the purpose of the EU,  what it means to feel to be a European, to have Pride in being a European, and that together, we have the opportunity to lead EU,  500 People, where others want to join, the opportunity to be a Strong Global Player", as he observed.
 

- Questioned earlier by "Eurofora" about what means for the incoming Irish EU Presidency the fact that its term of office coincides with the opening of a "Year of EU Citizens, Director of Policy Communications, and alternate Spokesperson, Gerald Angley, replied in substance that it's important for  Ireland, also because "it Fits well" with the "Democratic Legitimacy" issue that has to be settled in order to build a stronger Economic Governance and Political Union, according also to EU President, Van Rompuy's recently disclosed Draft, presented for the 1st time at the December 2012 EU Brussels' Summit.

In concrete terms, the main idea behind "EuroFora"s project, i.e. to give a fair chance for debate with concerned EU Citizens before taking important EU Decisions which affect their lives, was endorsed also by EU Parliament's Rapporteur on the 2013 "Year of Citizens", MEP Antigoni Pericleous-Papadopoulou from Cyprus, who stressed, in reply to our relevant question, that "we (EU Parliament's Majority) stand for Transparency and Dialogue with EU Citizens" whenever important EU Decisions are due to be taken, as she told us in reply to a relevant question just after most parts of her Report were welcomed in an EU Parliament's Plenary Debate, previously in Strasbourg.
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*Strasbourg/EU Parliament/Angelo Marcopolo/- Experienced former Prime Minister of Belgium, and President of the Liberal Group of MEPs in EU Parliament, Guy Verhofstadt, replying to an "EuroFora"'s Question, made it clear that ECB's recent success on Markets must not drop the "Pressure" on States to complete EU's Banking Union with an urgently needed Real Resolution Mechanism, "the fastest possible".Simply because EU Member States cannot have a real Banking Union without a Real Resolution Mechanism, which seems to lack in a controversial EU Commission's Draft revealed recently, he explained at a Press Conference in EU Parliament in Strasbourg.

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- Obviously, completing the Economic Governance of €urozone is Important. But, ... from the point of view of Timing, is there any chance Not to Delay the process too much ? Or, perhaps, you believe that the most important is to settle the substance" of the issues, "so that the Timing might be a Secondary matter, comparatively", "EuroFora" asked Verhofstadt.

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- "I think that, what is necessary, is that we (EU) continue Reforms at EU level, that we desperately need", in order "to overcome this Crisis" :

=>  - "That means, Economic Union, Fiscal Union, (and) Political Union, as well as a Banking Union", stressed the President of EU Parliament's Liberal Group in reply to "EuroFora"s question.

- "And, my point is that, when we look at one of those elements, f.ex. the Banking Union, which is the most Urgent, and (particularly) the Goal to cut the Sovereigns (Debts) from the Debts in the Banks", (See Infra),  then, "we see, with the last proposal by EU Commission, that we (EU) are going in the Wrong Direction", Verhofstadt warned.  

             
- "That is my fear, at this moment, that, because of the OMT operations of the ECB, which have (succeeded to) get down the Markets, but not only them : This has also taken Pressure away from the Political Leaders in Europe, to do the Reforms that are necessary", he denounced, smiling.

- "I'm not criticizing the OMT operation(s), I think that what (ECB's President) Mr Draghi did on the 6th of September (2012), .. was absolutely necessary, but it's clear that it has taken pressure away also from the (EU) Political Leadership in Europe to go forward with a number of necessary reforms", Verhofstadt observed.
+ "And, Proof for that, you can find in the latest (EU Commission's) proposal on the Banking Resolution", the President of EU Parliament's Liberal Group of MEPs  criticized in reply to "EuroFora"s  query. 

                                                                                                                                                                                                                         - Because, "it's clearly a system that doesn't cut the Sovereign (i.e. State Debts) from the Banking Debts", he mainly pointed out.

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In particular, the President of EU Parliament's Liberal Group  criticized the fact that, at its current state, in EU Commission's Draft proposal, "on the on-going €uro-Crisis, I see a Danger to fall in Complacency, about this", as he said.

- It's clear that many Political Leaders in (EU) Member States believe that it's possible to "escape" the Necessity of further (EU) Integration, in order to solve the EuroCrisis", he denounced earlier.

- "And one clear example of that is what has just been put on the table, apparently by the EU Commission, on the Resolution Mecanism of the (EU) Banking Union" :

 - Because, "as you know, in order to have an (EU) Banking Union, you need to have, not only a Single Superviror, proposal that is (already) on the table now, and discussed between the (EU) Council and the Parliament, but you need also a Resolution Mecanism, the Fastest possible", he explained.

- But, "yesterday, it was revealed that EU Commission has proposed a Banking Resolution mecanism that would be an "Empty" one !", Varhofstadt denounced.

    - Indeed, "For a Real Resolution Mechanism, you need Funds, you need a European System, Decision-making procedure, but you need also a system which can Split between Sovereigns, on the one side, and Banks at the other side, because that's what the Banking Union is all about" : I.e. "To make a Split (Distinction) between the Debt Problems of the Countries, i.e. the Sovereigns, and the Banking problems. And you need also a "Burden-Sharing", because, "if you have f.ex. a Big Bank specialized in CrossBorder operations, it can be so Large, that, rescuing that Bank, can put a State in Danger" :

- "I can give you the example of the Irish, before the (EU) Banking Union" : Indeed", before the Crisis, the Debt was 44% of GDP, but after Rescuing those Banks, they (the Irish State) got a Debt of 142% of GDP. So, the whole Ireland has been put into Difficulties, very near to insolvency, because of their Banking problems. So, you need a European Resolution Mecanism that can help Countries like Ireland, like Spain, like Cyprus (f.ex. with "Marfin" Bank, etc), and others, (f.ex. Iceland, as its Economy Minister recently explained to "EuroFora" and other Journalists, at the CoE in Strasbourg)..

- "And it's not the case of the proposal of EU Commission, as it has been revealed by the "Financial Times" yesterday". Because "that proposal, still says, that it's mainly up to the States to do the job. So, it's not cutting the link between (EU Member States' Debts') Sovereigns, at one side, and Banks at the other side".

- On the contrary, "what we (EU) need is  a system where, even if it's for (EU) Member States who have to intervene at first stage, but when the (Bank) Rescue Amount is, f.ex. Higher than 10 % of the Country's GDP, then, the European system has to come in. Then the ESM (EU Solidarity Mechanism) has to come in". I.e., "if a (Banks') Rescue amount is so important that it might put a Country in serious Difficulties, i.e. obliging her to Refund itself by Loans with Heavy Interest Rates, then the ESM has to come in, with a kind of Burden-Sharing between (EU) Member States", he advised.

=> "If we don't have such a Resolution Mechanism, then, (in fact) you don't have a real Banking Union as such, and we fall Back in what we have until now, i.e. mainly the (EU) Member States remaining alone responsible for their own Banks", Verhofstadt warned.