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CoE Venice Commission Head Markert to EuroFora: Romania President Basescu Referendum check 7-10/2012

Written by ACM
Thursday, 19 July 2012
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*Strasbourg/Angelo Marcopolo/- A controversial, unprecedented Referendum hastily set up for July 29 by opponents against the twice elected Romanian President Basescu's (2004-2009-2014) moves to fight Corruption and Debt, can start to be immediately checked, at Short term, by the European Political Leadership, while a full, final Decision on all Legal issues that it raises, validating or invalidating it as compatible or incompatible to European Standards, is to be decided on October 2012  by CoE's watchdog on PanEuropean Constitutional Law principles, known as "Venice Commission", said in substance  its experienced Director, Thomas Markert, replying to "EuroFora"s questions on this unprecedented Political Crisis, which suddenly popped up since the 7th of May, 2012, behind which might also be hidden much Wider and Big Geo-Political stakes, threatening to eventually affect all the EU, even on Strategic choices for Energy Transport (See Infra).

Markert pointed, for the purpose of "Fast Action", f.ex. at a Fact-finding Visit to Bucarest by Leaders of CoE's Parliamentary Assembly (See Infra), and revealed that CoE's Venice Commission was already involved in "close cooperation" with EU Comission, in view of its present and future "Monitoring" Reports (comp. Infra), while CoE's  body is also "Open to Cooperation" with EU Parliament, whose biggest Group, EPP's President Daul has just expressed strong Concern for  developments in Romania, asking from his current Prime Minister Ponta to explain to MEPs the exceptional measures he took, after he suddenly jumped into power under "Unclear" circumstances, as well as to respect the country's Constitutional Court's rulings, including on the obligation for the forthcoming Referendum to have at least a 50% turn-out in order to be legal.

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CoE's Secretary General, Thornbjorn Jagland from Norway, expressing "great Concern ... especially about actions taken by the Government and the Parliament (where Socialists suddenly took control without any Election by the People) in respect of other State Institutions" (i.e. against the elected President Traian Basescu and even the Constitutional Court, Parliament's and Sentate's Chairmen, the Ombudsman/Defensor of Citizens' Rights, an Anti-Corruption body,  etc),  officially asked from the Venice Commssion, (the PanEuropean watchdog on Constitutional Law, composed by Top Legal Experts, Presidents of Supreme Courts, etc), to check "whether these actions are Compatible (or not) with Constitutional Principles and the Rule of Law", according to his Letter.


Rule of Law, together with Democratic Principles enshrined in Constitutional Law and Human Rights, are the most essential Conditions for any Country to become and remain a  full and normal CoE Member. Otherwise, in case of serious Violations, CoE's Committee of Ministers may suspend or even expell a State, (as it happened in the Past f.ex. with a former Military Regime in Greece : 1967-1974).


+ Moreover, CoE's Parliamentary Assembly has often threatened, Suspended or even Denied the Credentials and/or Voting Rights of MEPs' Delegations from a recalcitrant Country whose Government is considered to seriously violate Constitutional Principles on Democracy and Rule of Law, as well as Human Rights, (f.ex. in the cases of Turkey back on 1994/5, Belaruss, Ukraine, Russia, etc., raising even the issue of USA's special status, etc).. Something which might, eventually, play also in the case of Romania, (if things have not been settled earlier), at the next CoE Assembly's Plenary Session in Strasbourg, at the beginning of October (1 - 5/10/2012), and/or on January 2013.

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- Precisely, in this regard, CoE Assembly's new President, Jean-Claude Mignon from France had Warned Ponta that "as a CoE's Member State, Romania must Respect the Commitments it has undertaken and European Standards", including "the Independence of the Judiciary, in particular of the Constitutional Court", which "is an Essential Condition for the existence for the Rule of Law in any state,” as he pointed out. “In a Democratic state, relations between the branches of power are governed by Rules established in advance, and Not decided by who has the Power", in one way or another, at one moment or another, he added.


=> - "Excessive use of Emergency Measures, Pressures on the Judicial system and Misuse of proceedings for purely Political purposes are just some examples of .. practices which Undermine the Democratic functioning of institutions", and "any political Interference in the administration of justice is Unacceptable", strongly denounced   the President of CoE's Assembly, Jean-Claude Mignon (ChristianDemocrat/EPP), together with the Presidents of the Socialist and Liberal Groups in the PanEuropean body of Strasbourg, Andreas Gross and Anne Brasseur, from Switzerland and Luxembourg, respectively, at the conclusion of their 2 Day visit to Bucarest, where they met with the Acting Chairman of the Senate, Filip, the Speaker of the Parliament, Antonescu, the recent Prime Minister Ponta, the Constitutional Court's President Zegrean, and the elected Romanian President Basescu, as well as Romanian MEPs, etc.


+ PACE's Leaders "also expressed CoE's "Concern" at "the Haste with which Profound Political Changes .. have taken place, without .. any real consideration or political Debate", (i.e. far from any popular election), after a series of Decisions taken under the controversial, recently apointed, Socialist Prime Minister Ponta, (who reportedly replaced the Presidents of Parliament and Senate, Prosecutors and Anti-Corruption Officials, the Ombudsman, etc. and threatened Constitutional Judges, before searching now to "impeach" even the elected Romanian President Basescu, etc), while even "Independent institutions such as the Ombudsman (who has in Romania a power to check certain Governemental Decisions, but was suddenly "replaced" by a Ponta's crony), play a Vital role in a Democracy", as they pointed out.


- CoE's Top Multi-Party Delegation, headed by PACE President Mignon. launched a Call to prevent "a Worsening of the present situation" in Romania, but, on the contrary, "ensure that the country's Institutions function Democratically", stressing also the "Duty" of the Romanian Establishment to guarantee "that Institutions are Independent from all Pressure", while also "Judicial Decisions, particularly those of the Constitutional Court (including f.ex. the requirement of a 50% minimal Turnout for a forthcoming Referendum to impeach the elected Romanian President Traian Basezscu), must be published and enforced", because, " as a CoE Member state, the country must Comply scrupulously with Democratic standards and the principles of the rule of Law", as they underlined in a joint statement officially published in Strasbourg.


 PACE's Bureau will discuss developments in Romania, including on the forthcoming Impeachment Referendum, scheduled for July 29, at its September 3 meeting, while CoE's Assembly also intends to "Monitor Closely" all relevant moves, "with Regular Missions" on the spot, including, naturally, to "observe" the anounced, September 2012 Elections, in view of an overall aprraisal of the situation at PACE's next Plenary Session in Strasbourg at the beginning of October, where a Current or Urgent Affairs Debate and probably a vote on a Resolution can take place.
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"Venice Commission"s Director Markert to "EuroFora" : - "Broad" Mandate
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    - The "Mandate" initially given to the "Venice Comission" by the official "request of CoE Secretary General, is very Broad, asking to check all recent Exceptional Measures, concerning their Compatibility with (CoE's) Constitutional Standards and Rule of Law", observed the experienced Director of the PanEuropean, Top Legal independent Experts' body, Thomas  Markert to "EuroFora"


    + In fact, Venice Commission holds now "2 Mandates" on Romania, after the main one, initially launched by CoE's secretary General Jagland himself in Strasbourg,  was followed also by a subsequent request from current Prime Minister Ponta (made "by Fax", the same Days that he was trying to explain his widely criticized stance in Brussels),  to check 2 controversial Measures recently taken by "Emergency Decrees", on "the Constitutional Cout", and on "Amending the Law on the organization of the Referendum" for Impeachment, on which "the Romanian Government is interested to have Venice Commission's opinion", revealed Markert to "EuroFora", adding also that, however, "these  2 Measures could (also) be Part of" the "broad" mandate initiated by Jagland, "may be not in all their Details, but in the General thrust".


    -  However, "our Opinion will be decided at the Next (normal) Session", already previously scheduled for "October" 2012, i.e. "after the (crucial) Referendum" on the Impeachment of elected Romanian President Basescu, because, "Unfortunately, we (CoE) haven't yet got a (full) Translation from the Romanian (Language) of all the Texts" to check, (i.e. including of those later submitted by Ponta : comp. Supra), and "it might not be very appropriate for the Venice Commission's opinion to come out during the "Hot" Days of the (Impeachment) Referendum, whle "it's probably better to have an opinion with a better Reflexion, after the Referendum", which "cannot be postponed", because, according to the Romanian Constitution, "it has to be held 30 Days after the Parliament's (current Small and contradictory Majority's) decision", Markert replied to relevant "EuroFora"s Questions on Venice Commission's capacity to act Timely.


    - "EuroFora" asked CoE's Venice Commission's Director, from the Practical point of view,  : - "If the (controversial impeachment) Referendum takes place (at the end of July), and if it creates Irreversible Consequences, then, how could you help (to ensure European Legal Principles' respect) if you act only on October ?"


     - "It's difficult to say right Now what will be precisely the Consequences of our (Venice Commission's) opinion, but I think that it's important to set the Record Straight on what Should be done, and what Can't be done", from the point of view of European Legal Standards, in the current Romanian crisis, Markert replied to an "EuroFora"s question on how Venice Commission might help to address eventually "irreversible" consequences of the forthcoming, July 29, controversial Impeachment Referendum, (i.e. apparently leaving open a possibility for CoE's Legal verdict to eventually Rectify "A POSTERIORI" an eventually illegal referendum's procedure, f.ex. if it was done in blatant violation of Democratic Rules, etc).


    - So, "I think (that) for Now, Quick Action is more  the Task of the Political Organs" of the CoE (as its PanEuropean Parliamentary Assembly, CoE's Committee of Ministers, CoE's Secretary General, etc), in case of an Urgent Need to "save the Mandate of (elected President) Mr. Basescu", Venice Commission's Director replied to an "EuroFora"s Question if it might have, or not, the means, from the point of view of Time, to act as far as it concerns the Presidential Mandate" of elected Romania's President Traian Basescu (2009-2014).


     - "Venice Commission"'s Top Legal Experts are due to Decide on Romania "on the 12 and 13 of October", (i.e. just 1 Week after the forthcoming CoE's Parliamentary Assembly's Plenary Session in Strasbourg, from 1 to 5 October, where developments on Romania will probably be debated), Markert anounced to "EuroFora".


    + Meanwhile,  "We (CoE's Venice Commission) already have close contacts with EU Commission", and "they (EU) are fully informed about what we (CoE) are doing, and the EU Commission has made Statements on the Romanian in the current context", Markert revealed in reply to another "EuroFora"s Question on EU - CoE cooperation on Romania, in order to ensure respect of Democratic, Human Rights and Rule of Law principles, as it has been notoriously advised by a landmark Report on EU - CoE's respective roles inside an overall PanEuropean Architecture, by Luxembourg's Prime Minister Jean-Claude Juncker, drafted after an official Mandate given by the 2005 Historic Summit of 47 CoE's Heads of States/Government at Varsaw, (comp. "EuroFora" co-founder's NewsReports to "TCWeekly" from the latest CoE's Summit at Warsaw).


    >>>  Concerning also the apparently growing possibility for the EU Parliament to intervene for a settlement of the Romanian Crisis, in cooperation with CoE's Legal experts, as "EuroFora" observed, Markert replied : - "Potentially yes. But this has not happened yet". However, "we (CoE's Venice Commission) recently worked together with EU Parliament f.ex. on Hungary's case, and the Same could also happen for Romania", as he suggested, as a matter of general principle.


    - But, even if "it's often Tricky with MEPs to keep (sensitive) Information  Confidential, so that it's Easier to share it with (EU Commission's etc) Civil Servants than with MEPs, since "it's (almost) in the nature of Parliamentarians to prefer to use Public Information", in general, "so that it could be 2 Differend things",  as the experienced CoE Director of "Venice Commission"s Legal Experts' secretariat observed, nevertheless, "we (i.e. the PanEuropean Venice Commission), are Open to Cooperation also with EU Parliament", he replied to an "EuroFora"s observation that MEPs can eventually hold even confidental Commitee Meetings "in Camera", closed to the Press, if necessary, (f.ex. on come exceptional Defense and/or Foreign affairs issues, etc).
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=> EU sanctions ?
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    + But, Markert also revealed to "EuroFora" that CoE's PanEuropean "Venice" Commission, already is, in fact, engaged in "close cooperation" with the EU, even if discretely, and particularly with EU Commission which is fully "aware" of what we (CoE) are doing and with which we hold several exchanges.

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    - "Exceptional events in Romania have been a Major source of Concern", declared, meanwhile, EU Commission's President, José Barroso, after an initial assessment Report was published in Brussels on the occasion of the Annual EU Reports on Romania and Bulgaria, before "a further Report .. on Romania by the End of the Year" 2012, exceptionaly ordered now, in order to "look whether our Concerns regarding the Rule of Law and the Independence of the Judiciary have been addressed", or not.


    => - "Events in Romania have Shaken our Trust" ;  "Challenging judicial decisions, Undermining the constitutional Court, overturning established procedures and removing key checks and balances have called into Question the Government's commitment to Respect the Rule of Law".


    - In particular, EU Commission's criticism focused on "overriding core democratic principles :  Politicians must not try to Intimidate Judges ahead of decisions, or Attack Judges when they take decisions they do not like. The competences of a Constitutional Court cannot be Changed overNight", Barroso denounced.


    - On the contrary, "in every EU Member state we need a well-functioning, independent Judicial system, and respect for Democratic institutions and the rule of Law. EU is based on the principle of respect of the rule of Law and Democratic values", he stressed, Warning also "Prime Minister Ponta" that "there is a principle in the (EU) Treaty (Article 4) of "Sincere Cooperation" between Member states and the EU institutions".


    => - In consequence, now, "the most Important Immediate step is for the Government .. of Romania to demonstrate their commitment to the rule of Law and to Judicial Independence", by taking "a number of Urgent" Measures "required" by the EU in a series of "specific and Urgent Recommendations", "including", f.ex.,  the Repeal of Emergency Ordinances (on)  the Constitutional Court's powers, and (on) eligibility rules for the Referendum on Impeachment of President Basescu, the Respect for decisions of the Constitutional Court (which ask , f.ex., a 50% minimal Turnout in the Referendum) and of the Romanian Constitution, and to the Appointments ...for Key-Positions (as that of) Ombudsman, General Prosecutor, .. and Chief Prosecutor of ..Anti-Corruption Directorate", .. Refraining from ..."Pardons" (of individuals Condemned for Corruption, etc) during the "interim" Presidency (imposed by Ponta's controversial, hasty moves) and from appointing Ministers with Negative (Moral/Ethical) Integrity rulings", as well as "the Resignation of MPs with final (Judicial) decisions on incompatibility, conflict of interest and/or high-level Corruption", Barroso anounced
     
    For this purpose, he revealed that "Prime Minister Ponta committed to (implement these "Urgent" Measures)" even by writting, "in a Letter to the President of (EU) Commission on 17 July" (2012), so that EU bellied the controversial "Interim President" Antonescu's provocative declaration that he "doesn't take orders .. from anyone, except (from the National) Parliament", so that "the 10 or 11 Commandments from Barroso don't exist, because we have No such Document", which "would represent an Unacceptable and Unimaginable overreach of the European Commission's powers", as he reportedly claimed earlier.


    + On the contrary, moreover, in Romania's case, EU had already set as "Benchmarks" for "Verification", "Investigations into allegations of High-Level Corruption", "Conflicts of Interest, Incompatibilities", etc,. and a "Transparent and Efficient Judicial process" with "Dissuasive Sanctions", he pointed out.


    - That's why, and given that even "over 90% of Romanians see Shortcomings in the Judicial system and Corruption as Major Problems" and "matters of Concern", while "72% of Romanians want the (EU) Commission to Continue" monitoring reforms, according to "an .. Eurobarometer Poll conducted .. in May" 2012, "the current Controversiespose a Serious Threat to the progress achieved so far (in the Past, i.e. during President Basescu's still on-going Electoral Mandate 2009-2014) and raise Serious Questions as to the future of the reforms already launched" before the recent incidents, Barroso denounced.


    In consequence, EU Commission's President reiterated that Ponta "confirmed in writing his agreement to Implement all of the Measures addressing our (EU's) Concerns, including to Revoke the key Emergency Ordinances, to Restore the competences of the Constitutional Court, and Implement its Rulings over the forthcoming Referendum", and anounced that, "in the light of Recent Challenges to the Rule of Law and to Judicial Independence, the (EU) Commission will (exceptionaly) adopt a Further Report (on Romania), under a Cooperation and Verification (EU) Mechanism, before the End of this Year (2012), to Assess whether its Concerns have been addressed and Democratic checks and balances have been Restored", or not, "given current Uncertainties".
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    EU has various possible Sanctions at its disposal, including to eventually keep Romania under "Monitoring", and/or to use Article 7 of EU Treaty which threatens to strip a Member State from its Voting Rights in collective EU Decision-making processes, as well as to partly or thoroughly Suspend and withhold EU Funds earmarked for the Country, f.ex. in case of serious Suspicions of Misuse, Abuses and/or grave Corruption, (something which has already been done, at different occasions, vis a vis other EU Member Countries, f.ex. in relation to Bulgaria, Hungary, etc., and is considered more and more as a probable Sanction for EU's Future Economic and Financial Governance progressively set up after the recent Global Crisis). In addition, a Majority of MEPs in EU Parliament can always vote f.ex. to "freeze" EU Annual Budget's Funds for certain projects in Romania, unless Ponta's controversial Government fulfils some explicitly mentioned Conditions showing respect to elementary Democratic and Rule of Law EU standards. Given Romanai's current dependance on EU Funds both for necessary Reforms and a recent IFM Financial Deal after the Global Crisis, in addition to a specific EU -Monitoring mechanism set up as a condition to its EU Membership, EU has several possible Sanctions at its disposal, of various kinds and intensity.


    + Particularly since Ponta's controversial coup of May 7, 2012, investors' trust to Romania, (built upon Economies for Public Sector employees, a serious economic program and some ambitious geopolitical plans on Energy Transport from the Black Sea through Danube and Rhine River, prepared by elected President Basescu who had recently succeeded even to start bringing back Growth), soon Vanished, letting the National Currency Drop Down towards an abysmal Low, and affecting Negatively the country's Economic and Financial situation which Worsened seriously since May, threatened with grave consequences.

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 Ponta reportedly snatched the Prime Minister job without any Popular Election, when a Few MPs (reportedly from some tiny Turkish Minorities' parties, etc) made a sudden U-turn, back on May 2012, just after revelations of Corruption scandals stroke his mentor, the former "Socialist" Prime Minister Nastase, now condemned and jailed, threatening also some 20 MPs with other such Anti-Corruption Investigations, as requested by the EU and CoE, as a basic Condition for Romania's Membership. Shortly afterwards, Ponta started a controversial procedure to oust the Elected President of the Country, Traian Basescu, whom he has just "suspended", ordering also an unprecedented impeachement Referndum, scheduled on July 29, for the 1st time in Romania's History, threatened the Constitutional Court Judges and took Measures to seriously limit the Court's role and independence, hastily "replaced" the Speaker of the Parliament and the President of the Senate, and even changed the Country's Ombudsman/Defensor of Citizens' Rights, who has a power to contest Governemental Decrees and Emergency decisions, affecting even a normally independent Public Anti-Corruption watchdog, etc. To the  point that President Basescu and his allies denounced an Anti-Democratic "Coup", that Ponta hastily make before this Summer's recess, with a strange hurry, that even CoE Assembly's "Socialist" Group's President, Andreas Gross from Switzerland, reportedly criticized as "too Hasty", perhaps in an attempt to prevent Timely Sanctions from the CoE and the EU, etc...

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Of 471 Members of Romania's Parliament and Senate, only 256 voted for the Impeachment Referendum on 2012, (i.e. Less than the 322 MPs who had already unsuccesfully tried to impeach Basescu on 2007, slamed by a Majority of People who supported him), out of which, about 20 MPs, accordig to Basescu, were reportedly suspected for serious "Corruption", having reasons to be afraid of forthcoming "Investigations" which might have led them even "to Jail", so that the pro-Impeachment MPs without obvious "Conflicts of Interest" could be, in fact, just a Minority of about 235 MPs only, (given also the fact that EU Commission has just asked Bucarest to ensure that MPs condemned for Corruption "resign")...

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+ Geo-Political Issues at stake ?
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+ Moreover, according to another, EU Parliament's source, speaking to "EuroFora", controversial Socialist .. Ponta,  snatched on May 7  the Prime Minister's job without even being elected by the People, but only thanks to a sudden U-turn from a few MPs, including mainly those representing a tiny "Turkish Minority"(out of 4 explicitly "Turkish" or "Turcic" organisations), i.e. linked to the neighbouring Asian Country which is engaged in a notorious Geo-Political Competition with Romania and Russia on the Strategic choice of the way to Transport Oil/Gas from Central Asia towards Europe :


I.e., either either through a controversial Pipeline project, too Long, too Expensive and too Risky (exposed to Kurdish, Armenian, Cyprus and/or Greece's conflicts with the Turkish regime, as well as to EarthQuakes and/or Political Blackmails often abused by Ankara's Government), zig-zaguing too far away from Europe, but close to a Military Base of the USA (which had backed that option in the Past), or via a Faster, Cheaper and Direct EU link thanks to recently established (after 2002) Black Sea - Danube and Rhine Rivers' "big gabarit" connections for Ship Transports in Containers (made widely possible by New Technologies on Liquefied Gas, LNG, firmly supported by recent EU Parliament's Resolutions urging the EU to fund such Modern Installations of Liquefaction, Storage and Re-Gasefication of LNG throughout Europe's Sea and River Ports.


Obviously, the most Strategic Sea/River Port in this regard is Romania's Constanza Black Sea port at Danube River's Delta, and, precisely, elected Romanian President Traian Basescu, an experienced former Ship Captain, is one of the stronger supporters of this New, more pro-European, strategic option for Fast and Direct EU - Asia Energy links, by Sea and River Ship Transport, thanks to New Technologies, as he has already stressed, many times, in positive, updated replies to relevant "EuroFora" co-Founder's Questions when he visited CoE and/or EU Parliament in Strasbourg, for several years, (See, f.ex. : http://www.eurofora.net/newsflashes/news/agridanubeprojectsbasescu.html ).


+ Moreover, recent developments on Croatia's forthcoming EU Accession (2013) and Serbia's EU Candidacy, as well as on the creation of the AGRI group of States interested in that kind of Sea/River Ship Transport of LNG, (uniting together Georgia, Azerbaidjan, Romania, Bulgaria and even Hungary, etc), to which could, naturally, be added also Ukraine (which has also an access to Danube's delta) and/or even Russia, as well as Franco-German and other Central EU Industrialized Countries interested in modern uses of Gas Energy, obviously make even Easier the creation of such a Direct, 100% EU Energy link to Central Asia's Resources through the Black Sea and Danube+Rhine Rivers, precisely at the moment that EU Leaders' wish to boost sustainable Growth has just led even to a June 2012 Decision to fund, mainly by EIB supported Loans, such Strategic Infrastructures on Enerhy Transports...


=> All these, recently converging Facts, taken all together, obviously point also at other, mainly Geo-Political issues at stake, which might be added to what could be really hidden behind the unprecedented, current Romanian political crisis...
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=> Fraude ?
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+ Meanwhile, Ponta was also accused to Cheat against Rules in order to grasp undeserved privileges even in another aspect of his career : World famous, prestigious Scientific Magazine "Nature" denounced that Ponta's PHD was plagiarized, having Copied more than 50% from another book, and this was confirmed by an Independent Enquiry from Bucarest University  Ethic Committee's Academics, who had awarded the Doctoral degree, but now found that Ponta's plagiarism "Breaks the Ethical, integrity and good conduct Principles of Research activity", confirming an earlier, similar assessment by a 3rd competent, collective body, that of  Romania's Council for Certification of University diplomas, which also concluded that he had "copied" large parts of his thesis.  


But another commission set up by Ponta's Education Minister cleared him out, claiming that, nevertheless, he had met the standards "of those times" (2003), and the controversial Prime Minister claimed that his "only mistake" would have been to omit citting another Book source at the FootNotes of his Thesis, leaving that just for the Bibliography mentioned at the End of his Draft, and Refused to resign, (contrary to what happened recently in Germany in a similar scandal which had affected a former powerful Defense Minister, until he resigned). Ponta seems used to such kind of moves, since the Supervisor of his 2003 Doctorate Thesis was also a "Socialist", as him : the former Prime Minister Nastase, who has just started, on July 2010, to serve a 2 Years Jail sentence to which he was recently condemned after a Court's Judgement in the 1st out of 3 Cases in which he is accused of Corruption, (for taking 1,5 Million € from Business a.o. participants invited in a Symposium that he had organized in order to fund his electoral campaign of 2004, as well as for a controversial Heritage of 300.000 € and an alleged 630.000 € worth Bribe in total, that he would have received (through merchandises imported from China, undeclared and not reimbursed Work, etc) from a former Government Official.


Moreover, elected (2009-2014) President Basescu denounced also the fact that many other former and/or current Politicians, including many Socialist and other MPs, had been already listed as Suspects involved in various other Corruption Scandals, so that they feared, before May 2012, that they would be targetted by Investigations soon.

=> Therefore, in such a context, Ponta's real willingness and/or capacity to set up a Referendum Vote without Fraude, (f.ex. on the crucial issue of the 50% Turnout threshhold, etc.), appears more and more uncertain, while voices have already started to denounce several concrete manouvers concerning the controversial July 29 vote on an eventual impeachement of he elected President Basescu, whose procedure is currently submited to many Exceptional derogations from the usual Popular Votes, accused to reveal a will to Cheat there too, adding another, even more serious, Anti-Democratic coup to a series of various other such Dubious moves which could be judged as incompatible with the Standards required by Romania's CoE and/or EU full and normal Membership.

(../..)

***

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

***

Prof.Schwarze to EuroFora +EU Parliament f.+c.Presidents Pöttering+Schulz on €uroTreaty-German Court

Written by ACM
Wednesday, 04 July 2012
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*Strasbourg/EU Parliament/Angelo Marcopolo/- The embattled, new €uroArea Treaty's on-going developments, after its landmark, 2/3 Majority adoption by the German Bundestag last week in Berlin, at the conclusion of the latest EU Brussels' Summit, just before a controversial Hearing, next week at nearby Karlsruhe's German Constitutional Court on a complaint lodged by Leftist and Rightist opponents of the move, was the main Topical Political focus in an exceptional Press Conference by former and current EU Parliament's Presidents Hans-Gert Poetering (ChristianDemocrat MEP, currently President of prestigious Adenauer Foundation), and Martin Schulz (Socialdemocrat MEP), as well as the Chairman of the Environment Committee, MEP Jo Leinen, on the occasion of the New, 3rd Publication of "EU-Commentar" Book, published by "Nomos" (= "Law" in Greek : a Company earlier owned by Giants Suhrkamp, Springer, and Bertelsman) :

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An authoritative, collective work of more than 50 Legal Experts, under the direction of Freiburg University's Professor for National and Foreign, EU and International Public Law, Jürgen Schwarze, Head of Europa-Institute and Chairman of Associations of Jurists and Scientists for European Law, together with experienced, EU Parliament's Legal Service's former Director at Luxembourg, Dr. Johan Schoo :

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 A Gigantic Sunthesis, in a comprehensive attempt to bring together, under an overall, coherent, systematic presentation, all EU Laws' Texts and Analysis, similar to the Historic "PandektenRechts" , or Digest, "Pandect" Law, from the original in Ancient Greek : "Παν-Δεκτης" = read "Pan-Dektιs", meaning : "All-Containing", i.e. a compilation of all Legal Rules into a Single, Big Book with many parts, ordered by Byzantine Emperor Justinien at the 6th Century,

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which survived for almost a MILLENARY (529 - 1.453, i.e. up to the Invasion and Destruction of the Byzantine Empire by Ottoman-Turcs), but was later saved by the Cathoilic Church and afterwards by German Lawyers, who selected, reproduced, diffused and used many Rules inspired from that, in updated versions after the Middle Ages, from the Renaissance and the 16th Century, until the Modern Civil Codes since the Enlightnement : 1.800/1.900).

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But, with the Big Difference that, instead of the above-mentioned "Millenary" Stability of "PanDektes" Law's content, on the contrary, the present EU Law is due to become a Dynamically developing issue for an Historically Emerging New European Reality which is still on the Making, and currently has a Vital Need to Urgently make a Big Leap Forward towards a Stronger and more Popular Political Union, as it was highlighted Today by the fact that the Authors had the Good Idea to "use the opportunity offered by the Publication of this Book in order to Discuss topical Legal and Political Isssues, together with EU Parliament's Presidents Poetering and Schultz, etc., making this trasbourg's July 2012 Press Conference to inevitably focus on the "Hotest" relevant issue : That of the forthcoming German Constitutional Court's Hearing of a couple of complaints against the New €uroTreaty and the European Solidarity Financial Mechanism, next week at nearby Karlsruhe (on Tuesday).

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Concerning the important Economic and Political stakes of the challenge raised via the German Judges on the New €uroTreaty signed by 25 EU Countries' Heads of State/Government at the March 2012 EU Brussels' Summit, and adopted by a Two Thirds wide Majority in the German Parliament at the end of June 2012, a very interesting Debate unfolded during today's exceptional Press Conference in EU Parliament in Strasbourg, whose Essential points, could be Briefly resumed, to put it in a nutshell, as follows :

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- Experienced President Poettering stressed from the outset EU Democratic principles on respecting Majority's decisions in Parliaments and EU Council, as well as the fact that European Law has precedence over National Laws in the 27 EU Member Countries, but also the fact that the Completion of European Unity already is at the Foundations even of the German Constitution itself.

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- In front of the present need to either make a Big Leap Forward, in EU Integration, or Fall Backwards, European Federalists' Chairman, MEP Jo Leinen stressed that Minorities should not try to Tame Majorities with Legalistic pretexts, because that's contrary to Democracy. While Johan Schoo warned that the Cost at EU level could be Great if Democracy is not respected by accepting the German Parliament''s 2/3 Majority decision which endorsed the New €uroTreaty and the EU Solidarity Financial Mechanism.


EU Parliament's current President Schulz warned against a Risk even for the Progress already made on EU Integration to be "Reversed" by various kinds of EuroSceptics, and pleaded in favor of a stronger EU able to spread elementary Human Rights 'values all over the World, instead of outsourcing production to oppressive regimes.


Finally, Professor Schwarze questioned the "Accountability" of any "Judges who might want to play Politics" by eventually attempting to "confine EU Integration", and invited EU Politicians to better explain to EU Citizens the current need to resolutely advance forward.


This was in Reply to "EuroFora"s main Question, where we reminded the fact that the Historic Founders of the €uro Currency had already foreseen that its introduction would provoke a vital Need for an Economic and Political Union of Europe, which became now obvious in order to face the Global Crisis, and asked if there might be also some Legal obligations, at EU/CoE level, for National Courts to respect certain Basic Principles of Democracy and Economy at a so crucial Historic juncture.
---------------------------------------------------
In particular :

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    Reacting to strong Criticism on a tiny Minority of various marginal Politicians' attempt to abuse of the Constitutional Court at nearby Karlsruhe in order to delay and/or block the entry into force of the New €uroArea Treaty, linked in fact with the EU Financial Solidarity Mechanism, EU Parliament's former and current Presisdents, Poettering and Schulz, as well as from the Chairman of European Federalists, MEP Jo Leinen, supported by the Leading Author of the EU Kommentar Book on European Law, Professor Schwarze, (See also Infra), "EuroFora" highlighted 2 main points, one Political, and another, Legal  :

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    (A) Could Democratic Principles of rule by a Majority of People's representatives, be reconciled with any eventually long Delay and/or partical or Total opposal by the Karlsruhe Court Judges against a Decision of crucial importance taken by a 2/3 super-Majority at the Bundestag ?


+ In order to concretely illustrate the issue with key Facts from EU's History, "EuroFora" referred to "the Political aspects of what was just evoked by the Presidents" of EU Parliament, former and current, as well as of the EU Federalists, and we pointed at the Interview that gave us yesterday one of the great "Personalities in EU's History", the experienced, former EU Commission's President and f. Prime Minister of Luxembourg, current Chairman of the "European Merit" Foundation and ChristianDemocrat/EPP MEP, Jacques Santer, who had had the Historic task to take a leading active part in the creation of €uroArea's New Common Currency zone, (See previous "EuroFora"s NewsReport :http://www.eurofora.net/newsflashes/news/santeroneuropoliticalunion.html )

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- "Santer reminded that, long before the Introduction of the €uro" Currency, "already, .. there was a quasi-Unanimity on the fact thar, after the establishement of the €uro, the People would Need and become Enthousiastic about what the present "Fiscal Pact", alias "New €uroTreaty", just Starts to do Now, i.e. a kind of ECONOMIC and POLITICAL UNION, because the "€uro" would make it Necessary, and would also prepare it, facilitating further EU Integration", as "EuroFora" observed
Leading EU Politicians such as the long-time former German Chancellor Helmut Kohl, and f. EU Commission's President Jacques Delors from France, according to Santer, had already "agreed" on that perspective, obviously crucial for EU's Future.


=> - "Don't you think that, if there might be, now, some Unwanted Obstacles, which might Humper and/or EnDanger at least the New €uroArea Treaty, while the current Need to find a satisfactory Solution to EU's Financial issues, resuires *, on the contrary, to Advance much more Forward, such Obstruction would not only be Opposite to Democratic Principles, at a crucial Historic juncture in Europe, (as clearly highlighted by Germany's case, after the Bundestag adopted the €uroTreaty with a 2/3 strong Majority), but this might be also Contrary, may be, to some possible interpretations of EU Law" itself, i.e. something which could, eventually, backfire f.ex. at the EU Court of Justice in Luxembourg, ... not to speak about the Article 6 of the PanEuropean Convention on Human Rights, here in Strasbourg, (which guarantees "a Fair Trial", f.ex. by Hearing and Replying to the comments of All People who may be affected by such a case, and/or by taking Timely Decisions, ), without undue Delays, (by National Courts, as that of Germany's Constitutional Judges at nearby Karlsruhe) etc. ?", "EuroFora" asked Poettering, Schulz, Leinen, Schoo and Schwarze.

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    + (B) Even if such a risk occured, couldn't €uroArea Treaty's supporters (both inside and outside of Germany : i.e. also from other EU Countries) counter-attack and Defend it, f.ex., with another, opposite complaint at the EU Court of Justice at nearby Luxembourg, based on an adequate interpretation of EU principles at a European level, (and/or even at Strasbourg's PanEuroepan Human Rights' Court, arguying f.ex. a violation of Article 5, which guarantees a "Fair Trial", i.e., f.ex. with a possiility for participation of all those who are affected by a case, in a Timely manner, etc.), "EuroFora" also asked in substance.
-------------------- 

Professor Jûrgen Schwarze :  

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

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    - Professor Schwarze, replying to "EuroFora"s Questions, didn't exclude, a priori, that a possibility to defend the signed €uroTreaty's ratification by the German Bundestag, also vis a vis National Courts, might be found, but stressed the need to warn against current attempts, on the contrary, to restrict it under legalistic pretexts, and invited EU Politicians to appeal to EU Citizens :

- "From EU Law's point of view, there is often a way forward", Professor Schwarze agreed with "EuroFora" in principle.


 - "We agree that Law is an Important Tool for developments in Europe, since .. , (and) that Europe is a Community of Law, able to deal with major Challenges and Controversies through a Legal approach", he acknowledged.


>>> - "I think that, running  through your comments, is the Idea  of a Proportional Ratio between Law and Politics in Europe, at a very Critical Time", Professor Schwarze observed from the outset in his reply to "EuroFora"s question.

 
    + "But, at the same time, it has (recently) become clear, that there can be also a Disadvantage in this : Genuine developments in Policy, can find themselves in Narrow confines because of Legal Requirements", he warned.

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- F.ex., "now, ...  there are Signals at the ECJ alone, that we can't overcome a Political reluctance F.ex., "recently, we've seen a meeting, to which referred President Poettering, and (ECJ's President, Greek Judge) Mr. Skouris said that we should be <<Cautious>> about the Future Integration of Europe", he noted, in relation to "EuroFora"'s question (Comp. Supra).


- "This Danger, to me, is particularly relevant when we look at Political Decisions and  at the  Legal  profession particularly, we can say that we can't afford for this to happen, whether we are talking about the (German) Constitutional Court, etc", particularly when there is a crystal-clear Majority of EU Citizens' representatives have Democratcally decided to urgently move towards a Strategically crucial direction, (as, f.ex., in the case of €uroTreaty, etc), he warned.

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=> Therefore, "I would agree with President Poettering, and his Critical assesment, that there is a Concern that the German Constitutional Court has been seen as a Confining force", Professor Schwarze denounced.


- "I don't think that there is a better way of putting it : I think that Mr. Nonnenmacher, recently, at the FAZ Newspaper, correctly pointed at the fact that there are many views against further EU Integration, including on the Financial System, and this goes against what the initial Fathers of the (German) Constitution wanted to achieve", the experienced, Top Professor on National and European Public Law criticized.


- "I think that's something on which we can all subscribe to, and that illustrates the Concern that we have to express".


+ "But, we have also to ensure, as Lawyers, that (at) the German Constitutional Court, these latest, Difficult Steps Forward, should not be stoped" : "I would be the 1st to criticize that, if the Results were any different", he anounced.
--------------

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=> Therefore, "I think there is a Need for Accountability, whether we are talking about the ECJ, or the Constitutional Court in Germany, if they (Judges) want to play Politics", Professor Schwarze criticized.


- "There are Legal Limits, you can set Legal Limits. But, what are Judges called upon to do ? What do Judges, in Luxembourg or in Karlsruhe ? Do they have to be more clever than Governments, who are trying to address the currenty critical Crisis' times ?", he wondered. - "I think it's practicaly impossible for them to do so", i.e., "to be cleverer", Professor Schwarze stressed.


>>> - "So, they (Judges) need to be  cautious, to stay within their confines. But it's necessary, for all of us, at the same time, to Strengthen our Belief in Europe, and  all the way accross  the EU. That's the problem. And that's where Politicians need to act, and I will be critical of that", he advised.

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 - "We've become used to the phenomenon, whereby, accross the EU, when there is something Positive in the EU, then, each Nation claims that it was their doing. But, when something goes Wrong, then, they blame at Europe. .. If that is repeated for ever, what are ordinary People in the Streets supposed to think ?", Schwarze wondered.


- "So, that's something that we need to CounterAct, by Arguying for Europe, by Defending Europe, President Schulz said this. We should be a lot more critical in Germany, and, sometimes, we've gone a bit too far", he warned.


=>  - "We must Restore a situation whereby Politicians try to convince People that Europe is an Advantage, that it's part of our overall Destiny", Professor Schwarze concluded.


- In this regard, "if you want to measure all Legal Details, then, have a look at this Book !", he invited, smiling.  

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- That's  why, "it's a great opportunity to introduce this Publication by sitting here", in EU Parliament, "with so Prominent Political guests, It's a great Honour, not only for us, Authors, but also for the Publishing House ("Nomos" - "Law" in Greek) which produced this Book".


------------------------
Hans-Gert Poettering :
---------------------------------

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    * In an exceptional re-appearance (since the last time that he came in a Press Conference in Strasbourg it was with former French President Sarkozy and EU Commission's President Barroso, as he reminded) of probably the most Experienced among the current 577 MEPs : fomer EU Parliament's President (2007-2009), long-time Chairman of the ChristianDemocrat/EPP Group of MEPs, and Winner of the latest, June 2009 EU Elections as Head of Germany's CDU/CSU candidates, currently President of the prestigious "Adenauer" Foundation, Hans Gert Poettering, welcomed from the outset  "a Marvellous Publication" which "brings together EU Law and puts Comments on it",


    - "This 3rd Edition covers (also) the Fiscal Pact", i.e. the New €uroArea Treaty, (signed by 25 Heads of State/Government in Brussels' EU Summit of March 2012, accordin to a Collective Decision taken by December 2011's EU Brussels' Summit (See relevant "EuroFora"s NewsReports from Brussels on 12/2011 and 1/2012, added to our 3/2012 publication), "which is very Important and very Topical", Poettering pointed out.


    - Because, "it (€uroArea Treaty) is among the great Concerns and great Problems in the EU Today, of which this Book gives an overview", he stressed.

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    - "What is Essential here, is that we should Never Forget that we (Europeans) are a Community Based on Law, and that's one of the Greatest Successes of European Politics after the (2nd World) War" : I.e. that "it (EU) is Ruled by Law, and it's Not Power that controls the Law".


    -Thus, "if we are going to welcome the Basis of Democratic Rules, .. in other words, if we (EU) want to be ruled by a Majority (of Elected Representatives of the People) in our Parliaments, it goes without saying, but it (includes) also the (EU) Council of Ministers : That's crucial". Poettering observed.

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    - "Secondly, I want to stress, in response to a small Controversy I had Last Week, with the President of the (German) Constitutional Court (Dr. Vosskuhle), that European Law takes Priority, has precedence, over any other Law in EU Countries, and that is something that we must Defend :" i.e. "that European Law comes 1st, and, then, National Law comes 2nd", President Poettering (who is also a Lawyer by education) underlined.


    - Because, "if it was the Other way round, then we (EU)'d have 27 Legal Orders, and we would have National Law(s) taking precedence : That would Jeopardize the precedence of European Law", he warned.


    + "And Third, and finaly, I'm extremely Concerned about Discussions in Germany, where there are some opinions, including inside the Constitutional Court" at nearby Karlsruhe, "that (according to) the German Constitution", we "would be going Too Far, if it were to deal with European Unity", (i.e. if EU resolutely advanced towards currently needed Political Union, in order to become able to efficiently face the Global Financial Crisis). - " This is something that I want to Vigorously Contradict !",

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    - Because, in fact, "the EU is a constituent part in the (German) Constitution" : F.ex. "in the Preambule, there is a Mention of a "United Europe", and, also in Article 23, where it talks about the Completion of a United Europe, and so on. That means that European Unity is not just an Important Component of the German Constitution, but it's also a Basis (at the Legal Foundations) of the Federal Republic. That's why, the Judges who interpreted the Constitution need to see these 2 together, in context", Poettering advised in conclusion.


    - In consequence, he thanked the "EU Komentar"'s Publishers "for illustrating EU Law in this way", "and for pulling all EU Laws and Comments on it", so that this Book has "an enormous Value for all of us involved in the European Project".


-------------------
Jo Leinen :
--------------------------

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 - "When I was a (Law) Student, at the University, this Book was .. 10% of what it is now  : In other words, EU has Developed very Dynamicaly", and,  "perhaps, if we keep developing the EU in this Speed, we'll have another one soon !", speculated, smiling, German Socialist MEP Jo Leinen, former long-time  President of EU Pariiament's Consitutional affairs and Environment Committees, as well as current President of "European Federalists".  


- "We have to understand EU and explain it to others : It's not a Traditional organisation, but a Sui Generis entity, with its own Rules and Procedures.  This makes it very Difficult for Ordinary People and the General Public, even Academics, even MEPs and National MPs to understand it !", (without explicitly mentioning, however, National Judges)...


 - But, "in a Community of Law, we must have Clear Rules, .. and the Legal Experts involved here" (in the "E-Kommentar" Book) have done extremely well to make this as clear as possible".


 >>> - "In the last few Months, even during the last 2 Years, we (EU) found ourselves a bit Stuck, in between making a Great Leap Forward, or goiing Backwards !"


- "We've had the current passwords of being a "Fiscal Union", "Banking Union", "Financial Union", (etc), and in a Union of 27 (Countries) we need to have our rounds put Together : We need New Structures, Reinforced Cooperations, and we face the Risk not only for a "2 Speeds"' Europe, but of working in 2 Differend Europes, and that's very Challenging !  Now, Legal practitioners have a difficult task..", he warned.

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 + >>> - In particular, "I'm extremely Concerned about the Dead End that the Highest Court in Germany has got itself into : They are saying : - "You can go this far, and not further", But that's very Difficult when one is forced either to "Cut the Gordian Knot", or to, somehow, be a Victim of it, and chuckled by it", Leinen denounced.


- "Now, there have been Press Anouncements saying that Gauweiler  (a Rightist, CSU Dissident) and Gysi (a Leader of Germany's "Left" Party) are going to have to be Re-Elected, they've got to get wider Democratic Majorities, and not to be able to use the Rules in the Constitutional Court in order to "Tame" the Majority", (which has already adopted the €uroArea Treaty by a 2/3 wide Vote : See supra), Leinen concluded.
---------------------------

Johan Schoo :
-----------------------------

 

schoo__400

 

- The Court's Chairman, Andreas "Vosskuhle recently said, at the last session (at nearby Karlsruhe) Constitutional Court that "Democracy can become very Expensive, if it's not defended", observed the experienced former EU Parliament's Legal Service Director, Johan Schoo. - "Now, you have the President of the Constitutional Court comment on National Level".

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=> - "But the Cost at European level for Democracy could be Great, indeed, if the Decision of the Parliament (to endorse the New €uroArea Treaty, voted by a 2/3 wide Majority) is Not Respected sufficiently, and that's something that the Constitutional Court hasn't fully adopted yet", Schoo warned.


------------------
Martin Schulz :
-----------------------------


 - "I'm a Book Seller by trade, and .. I'm glad that Books can still be published today, even if their content can be Digitalized : You can't get the same Feeling by a Computer as flicking through the Fine Paper of an enormous Publishing House, as here : Books are Beautiful. Computers are just a Compliment to Books", observed EU Parliament's President, Martin Schulz, smiling.


    - "Now, I share the Concerns aired by the previous speakers", he denounced from the outset.


"I'm not a Lawyer, but, as I understand it, the Constitutional Court checks what LawMakers do, in the framework of the (German) Constitution".

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    - But, "if the Constitutional Court starts saying to Law-Makers what they may, or they may not do, then, it seems that the (normal) Competences have been Turned on their Head (i.e. upside down) !" Unfortunately, "that's the way that things are going in Germany at the moment. Because the Constitutional Court is saying to LawMakers in advance : - "You may do this, and you may not do that !"


     - Even if "this might be Legally permissible, nevertheless, it strikes me as rather a Borderline maker. That one should encourage, through one's statements or behavior, to do one, or another thing, seems to be taking in that Direction", he criticized.


    + "Regardless of that, the Chancellor (Angie Merkel), seems to be in a very Difficult situation in Germany :" -"Because, other Countries, around the EU, are demanding Leadership from her. And as she takes up that Leadership role, other Countries turn out and say : - "We don't want your Leadership !", and, then, in your own Country (Germany) the Cosntitutional Court says that "you can't do that !", "You can't do it even backed by the Parliament", he deplored. So that the German Chancellor "cannot take up its Leadership role (in the EU), if the National Parliament has a Standing Reservation on that !"

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    => - So that, "the Largest Country in the EU, (Germany), cannot take on  its Leadership role, if the National Parliament has a Standing Reservation on that, or if the (German) Constitutional Court has a standing Reservation on that (EU) Leadership role", President Schulz denounced, pointing at the Absurdity of such a Legalistic obstacle to Vital Needs for Europe's Development.


    - "And that's where we are" now !, he regretted


     - But, the "EU is not without Other Options" :  F.ex., - "Mr Leinen said that in 1997 the EU Kommentar Book was, perhaprs, a Tenth (1/10) of its present volume (See infra). Because, "since that Time (1997), there has been tremendous developments in Europe, which makes People think that Progress  in European Integration can no longer be reversed".

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    >>> - "But, that is a Mistake" : in fact, "Progress (Historically made in EU Integration) Can be Reversed !", Schulz warned.


    - Because "there are Forces that would Reverse it". F.ex., "in some EU Member States, these are No Peripheral Voices, but Voices from within Government, or at least from Parties which have decisive influence on Governments".


    (F.ex. a CSU dissident MP in Germany who joined the "Left" as well as a former "Socialist" Minister, Herta Daeubler-Gmelin, in complaints lodged at the Constitutional Court ; or some -even if not all- among the breakaway MPs from the New Greek Governing party "New Democracy", who formed the "Independent Greeks" new party ; as well as  the French Left led by Melenchon and even inside the Governing "Socialist" Party who both supported the difficult election of new President Hollande, such as those who influence the prestigious "Monde Diplomatique" Magazine which is published this July 2012 under the Heading of an Editorial by Serge Halimi against what he claims to be an EU "forced Federalism" [sic !], etc).

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    - "There are, therefore, Forces that don't want the EU that we have it at the moment. And they are Now", (i.e. at a Crucial moment, precisely when the Way out of the Global Crisis notoriously stirs Strong Competition to boost Exports and attract Investment, etc., between the EU, USA, China, Brazil, India, Japan, and various other Regional Economies accross the World), "more Determined to act, than those who would Defend the European Integration", he observed.


    - "The "EuroSceptics", that's those who would Reverse EU Integration, and move towards National Policies, are Now more Determined to Act than those who would Defend Europe", President Schulz denounced.

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    -   On the contrary,  "those who would Defend Europe, those who believe that Europe is the Solution to Trade and Environmental problems, for Currency issues", etc.,  "on the 21st Century", "those who believe in the 500 Million (Citizens') strong (EU) Community that allow us to Stand "Eye to Eye" with Other Regions in the World", (such as USA, China, Brazil, etc), are, now, on the Back Foot"...


    - "Those who want to see the Integrated Europe be a Federal State, or a Community, or a Nation State, those who see Europe as an Instrument to Achieve both Economic and (Political) Far-Reaching Goals, are, Now, on the Back-foot", Schulz regretted, (in what might seem to be a, perhaps Statically Realistic, but Dynamically Too Pessimistic view, mainly because it doesn't take into account Europeans Vital Needs and Real Potential in a Unique, Historic Opportunity to, at last, develop a Popular, ReVitalized and Strong, Unified Europe at a New World stage, as "EuroFora" firmly believes)...


    - "There is an Attack now on Values-Based Democracy, on our Values-based Rule of Law, and our Social Acquis".


    - "Those who want to Defend these things are a Minority" today, he found. - "When it comes to Politically balanced Forces, they are now in Minority"


    >>> -  "I mean : of course China can manufacture Cheaper than Europe. Of course it's Cheaper in Vietnam, (or Turkey, Pakistan, etc), than it is in Germany" and other EU Countries. "But, why ? Because Children work, because there are Slave-like Wages, because there are Migrant Workers in Poor Conditions, because when the Government doesn't like what the Web-space says, they Close down the Internet, (etc), because in these Countries Power has the Last Word". Such Countries, "they also have also Lower Environmental Standards, because they don't have Unions, they don't have Courts that People could Defend their Rights in, there is No Constitutional Court to guarantee People's Rights. And, there are People who say that, <<if we (EU) want to be Competitive, we have to be Like Them>> !", EU Parliament's President denounced.

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    (I.e., surprisingly endorsing, even as a Socialist MEP, a main leit-motiv strongly supported also by former French President Sarkozy, a ChristianDemocrat/EPP, who had seriously tried to start building on that an interesting Alliance between Real-Politics and Human Rights via the International Economic Competition, as, f.ex. in his landmark Speeches at nearby Urmatt, as early as since back on 2009, but also recently, even in his latest Speech in a spectacular, massive Popular meeting at the "Human Rights' parvis" at Trocadero, exceptionaly the 1st of May, 2012 : See relevant "EuroFora"s NewsReports from the spots : i.e. from Urmatt and Trocadero, in 2009 and 2012: + http://www.eurofora.net/newsflashes/news/sarkozytrocadero.html )


    - On the contrary,  "We' (EU) have got a Super-National Community of States under the Rule of Law", and "we want to Export that Model. That's not  "European Imperialism", it's Transfering Rights to People (also) in Other parts of the World, where you haven't yet a right to claim those (Human) Rights". But, "these People who are Defending this Ideal, are on the Back-foot" currently, he denounced anew.


    - "Now, I know, that it's said too often. But,  for the Evil to Win Now, it's enough for the Good to Do Nothing !", Schulz warned.

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    => That's why, "if we see Europe as a Community of Law, as this Book suggests, then, we have to accept that this Law is Not cast in Stone".


    - On the contrary, "this (EU) Law has to be Defended on a Day by Day basis". So that, "this Fat Volume is an Encouragement, it's a Test-bed for Development towards what is Better". And if we have to Defend that Good which has (already) come about, (then) what is Missing at this moment is Enthousiasm to Defend it", he regretted.


    - "I don't know if that is to be found in this Country (Germany), but I think that the main Mistake in Lisbon Treaty was the introduction of the EU Council's President, with Mr. Van Rompuy", Schulz criticized. Because "the Lisbon Treaty was about making a Majority (instead of Unanimity among all 27 EU National Governments) the Rule, as part of the Co-Decision procedure" (between EU Parliament and Council), and, thus, bringing More Democracy and more Legitimacy", President Schulz reminded.

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    - "But", on the contrary, "what we've got, is Heads of State and Governments trying to handle themselves more Power, in All sorts of Legislation. As we saw also, just Last Week with the (EU) Patent issue", (but also earlier, with Shengen, etc). They are getting involved in the Legislative bodies' work, (as EU Parliament's, etc), and they are doing something Alarming" : I.e. "they are bringing back, through the back-door, the old principle of Unanimity", he denounced.


    - "If this escalates, it means that (EU) Decisions will be invalid, worthless from one Mandate to the Next, and Prime Ministers could just go back to their Home Cities and say that they don't feel Bound by this (EU) Decision", EU Parliament's President warned.  - "Now, €uro can still worth 1 (American) Dollar and 26 cents, but the Management of €uroZone is really, a very unfortunate one", at the moment", Schulz criticized in conclusion, offering to the "EU Kommentar'"s Authors the possibility to "add" his observations "to the Next Edition", even "with a No Copyright version", as he said joking...


    Meanwhile, already before "EU Kommentar"'s forthcoming 4rth Edition, nearly all that was said in that unusual, but Topical Press Conference, by 2 EU Parliament's Presidents, the Chairman of European Federalists, and the Head of the 50 Legal Experts' team which authored the present, 2012 Edition of the Modern version of this new, Dynamicaly evolving  kind of EU "PanDektis" Law (Comp. supra),  has just been published by "EuroFora" herewith...
---------------------------------------------


    => Eventual problems from the nearby German Constitutional Court at Karlsruhe, might appear in case it either Suspends, Curtails, Blocks or Delays too long the completion of €uroTreaty's Ratification process, which only needs, now, new German President Gauck's signature, which should, normally, had been a usual, routine matter, after it was signed in Brussels by 26 Heads of State/Government already since March 2012 EU Summit, and since it was recently adopted by a 2/3 wide Majority at the Bundestag in Berlin.

german_constitutional_court_400


    In that case, Europe would be obliged to practically halt its moves and  stay practically Deadlocked, at a Limbo, without any obvious solution or perspective at the Horizon, at least not as fast and efficient as EU's action on urgent Financial and other issues currently needs to be.


    And this would obviously raise also serious questions on whether a Legalistic Bureaucracy should be left alone to hamper even a large Majority of EU Citizens' clearly expressed Democratic Political Will, in so Crucial Issues that even suspicions of risks for any kind of eventual Manipulation and/or Pressure from some opposed Foreign Interests might be felt by many People...


    (As various other concrete, topical examples have recently shown also in France, f.ex. on the topical issue of the controversial cancellation by the French Constitutional Court of a particularl Law against active Negationism of the Armenian Genocide, notoriously bullied by the Turkish Government and its cronies, influencing a Minority of MPs, despite a Large Majority of Votes, from all main Political Parties, which had adopted that law, both in the National Assembly and the Senate, before the lastest Elections).


--------------------------------------
+ "EU Kommentar" to be translated ?
--------------------------------------------

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    + Meanwhile, given the Wider EU interest for such issues, "EuroFora" also raised a "Practical Question", on whether there might be "any possibility to Translate this EU Law Digest Book in other official EU Languages, at least in English and French, etc., because many other People and EU Countries would naturally be interested by the value of this systematic and timely attempt to update a Synthesis including all, even the latest EU Law developments, (even if it seems to be written in a crystal-clear Deutsch, easy to understand with a basic knowledge of Goethe's language).

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    President Poettering reacted positively, in principle, to "EuroFora"s suggestion to translate the Book from the original in German, but carefuly raised the question whether it could be done without using perhaps "too expensive" ways, and invited us to speak about that with the Leading Author, Professor Schwarze.

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    Schwarze appeared rather interested in "EuroFora"s suggestion to search to find out whether it might be possible to have some EU Financial Help in translating original European Scientific Publications on EU Law developments, as "EU Kommentar", due to be largely used in practice by Legal Experts, Public Officials, Judges, Lawyers, Businesses, Politicians and EU Citizens, throughout the entire EU on a wide variety of issues covering, in principle, all areas of EU activities.

agg__professor_schwarze_400


In comparison, even Justinian's Historic "Pandectis" Digest of Law (See above), was initially published in Latin, Greek and later in German, before being totally or partially translated in addition by several other Languages, while also inspiring Laws and Legal practice in various other Countries...

pandectis_index_400_01
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("DraftNews", already sent earlier to "EuroFora"s Subscribers/Donors. A more accurate and Full, Final Version may come asap).

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EU Markets Commissioner Barnier to EuroFora:Speeden Financial Rules to protect Citizens after Crisis

Written by ACM
Wednesday, 04 July 2012
20120704_14.52.08_400

*Strasbourg/EU Parliament/Angelo Marcopolo/- The current Need to speed up the adoption of Draft Regulations on Financial Markets for more Efficiency and Protection of EU Citizens, particularly after the Lessons tought by the recent Global Crisis, was stressed by experienced, twice EU Commissioner and former Foreign Minister of France, Michel Barnier, speaking to "EuroFora" after a Press Conference at EU Parliament in Strasbourg, who also expressed his "Hope" for the incoming Cyprus' EU rotating Chairmanship to help broker several Agreements between EU Commission, Parliament and Council, so that the entire set of New Rules can be ready to start functioning the Soonest, contributing also to bring back much needed Trust, and therefore Growth :


- This must be done "the Soonest possible", stressed the competent EU Commissioner to "EuroFora" from the outset, after making it clear that the move concerns Financial Markets' Regulation.


- That's why, "we (EU Commission) have many Hopes on the (incoming) Cyprus' EU (Council's) Presidency", during the Semester of July - December 2012, concretely added in his replies to "EuroFora"'s questions Barnier.


Cyprus has, indeed, included among its Priorities both the "Deepening" of EU's "Common Market", and the necessary Rectification of Errors committed in the Past by abandoning Financial a.o. Markets to Speculators, Manipulation and/or totally uncontrolled selfish Interests, often even Non-European, as incoming EU Council's Chairman, President Christofias strongly Criticized, earlier Today, during EU Parliament's Plenary Debate, (comp. other, relevant "EuroFora"s NewsReport, herewith).

20120704_09.23.51_400
 
On this occasion, Christofias, speaking only a Day after a Barnier's Press Conference here, also anounced that "an important issue" during Cyprus' 7-12/2012 EU Chair, "is that of Financial Services, as they'll contribute to Consumer and Investor Protection, and to .. Markets' Transparency".


Barnier had, indeed, just presented, during a Press Conference after EU Commission's weekly collective session in Strasbourg, yesterday, at the margins of EU Parliament's full Plenary session, a last Series of concrete Measures which complete an ambitious and coherent, overall set of Legislation on manifold aspects of the Financial Markets, most of which have already been "demanded even by the G - 20" recent Summits of Heads of State/Government, as he reminded, particularly after the November 2011 G20 Summit at Cannes, (Comp. "EuroFora"s relevant NewsReports from Paris and Cannes), followed by that of Mexico in 2012, etc.

barnier_pres_conf_400

The latest Draft Rules include, f.ex., various particular Measures due to ameliorate EU Citizens' information, Rights in case of Change of Banks, restrictions preventing "Toxic" assets from being sold to them superficially, as it has already happened in the recent Past, brutaly depriving many Small/Medium Households from their Savings, etc. All in all, a timely adoption of the overall set of Rules allowing a deeper integration and a much better functioning of Financial Markets could also contribute to several Billions € in Growth, the EU Commissioner responsible for the Common Market also explained.


Most important : Barnier had shown, on this occasion, "a set of Graphics, that I always bring together with me, when I speak to EU Countries' Heads of State/Government, to MEPs or to the Press", that he Distributed now to a group of Journalists in Strasbourg, including "EuroFora", where are pictured all the, various, concrete "Proposals", already made by EU Commission and completed Today, for an overall, coherent "Financial Regulation Programme ... in Response to the (Global) Financial Crisis and to G20 (Summits') Commitments", from "July 2010" up to July 2012 :

barnier_graphics_on_financial_regulation_drafts_400

=> Clearly Distinguishing between those EU Commission's Proposals which have been, meanwhile, already "Adopted by the EU" (pictured in Velvet Color), and those who, on the contrary, still remain .. "Discussed in the (EU) Parliament and (EU) Council" of Ministers, (pictured in Orange color), Barnier's Graphics obviously Denounce the Fact that, a wide Majority (almost the 2/3 !) of Draft Rules needed to Regulate Financial Markets after the Global Crisis, are being Delayed, in practice, by Inaction and/or unsolved yet Disagreements between MEPs and Governments !..


 I.e. precisely what the 3 current Presidents of EU Parliament, EU Commission and EU Council, respectively Martin Schulz, Jose Barroso and Dmimitris Christofias, have explicitly agreed, after an important working meeting, Yesterday (Tuesday) afternoon in Strasbourg, to dissipate, by vowing to start "Cooperating Closely Together" in order to broker Agreements on necessary Decisions at a Faster pace, to boost EU's Efficiency, at this crucial period of the way out of the Global Crisis, (comp. also several other, relevant "EuroFora"s NewsReports throughout all this week+).

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("DraftNews", already sent earlier to "EuroFora"s Subscribers/Donors. A more accurate and Full, Final Version may come asap).

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Incoming EU Chairman, Divided Island Cyprus President Christofias to help Europe's political Union ?

Written by ACM
Wednesday, 04 July 2012

 

dx_start_in_pe_400

*Strasbourg/EU Parliament/Angelo Marcopolo/- Obviously frustrated by Turkey's obstruction to his Dream to ReUnify Cyprus via its People, whose Northern part still remains under Military Occupation by Ankara's troops since a 1974 Invasion, despite 4 Years of unprecedented Direct Talks (2008-2012) with 2, more and more intransigeant representatives of a declining Turkish Cypriot Minority outnumbered by a growing massive influx of Turkish Settlers in Cyprus' Occupied Territories, while its Majority Greek Cypriot lawful inhabitants, obliged to flee Ankara's Army as Refugees, their Family Homes/private properties usurpated and Churches plundered, are still hindered to Return to their Ancestral Homeland, contrary to CoE, EU, UNO and even International Criminal Court's rules, President Christofias vowed, nevertheless, to brave all difficulties, during his incoming July - December 2012 EU Council's rotating Chairmanship, in order to be really Helpful in what Europe urgently needs to achieve to become able to efficiently face a persisting, and recently aggravated Global Economic and Financial Crisis, i.e. to Strengthen and Deepen a much closer Political Union, firmly supported by EU Citizens.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 -"Without the Understanding and Everyday Contacts between EU's Institutional bodies, (EU Council, Parliament and Commission), we (EU) can't achieve anything at all. On the contrary, we'll continue accusing each other as bearing heavy Responsibilities, some vis a vis the (>EU) Council, others vis a vis the (EU) Commission, and/or the (EU) Parliament, without obtaining any result", he warned.


- But, "the EU, is a Union made out of Compromises, whether we like it or not. Because we all represent diffferent Countries, and sometimes even Diffferent Interests". That's why "we (the Small but Strategic Island of Cyprus, at the CrossRoads of 3 Continents in front of Suez Channel, blessed by Nature and recently even by growing Oil and Gas underSeas Findings) shall try to stand in the Middle, as a Honest and Objective Broker, in order to Conciliate Positions , Views and Policies", Because "we (Cyprus' July - December rotating EU Councill Presidency) shall Test something New :"

dx__400

- "To "Marry" Fiscal (Budgetary) Discipline, with Growth and Social Cohesion : That's something New, I think". So, "let's Try it !"


+ "By introducing Innovative and decisive People-oriented policies, with People's legitimate Needs at their core, we (EU) can achieve Sustainable Economic Growth with Social Cohesion",  according to the Call he launched in conclusion of a long and often animated EU Parliament's Plenary Debate in Strasbourg.
--------------
  - "It seems", indeed, "that this is the Greatest Challenge that EU has ever faced, ... because EU's Prosperity and Social Cohesion have been significantgly Threatened", while also some "Cracks in (its) Institutional Unity.. have been observed", he warned.


- Therefore, "I firmly believe that it's Necessary to support the Unity and Cohesion of (EU) Member States :Together we can certainly do Better. .. EU has No Choice but to Emerge Stronger from the current (Global) Crisis", which also "undermines the Confidence of Citizens" : A "Challeng" that "we (EU) Can, however, Succesfully handle, .. if we safeguard our Confidence in the Common EU Instituitions", with "the Community Method", which "has proven to be a Powerful Weapon in Defense of our Common Interests, and should by all means be Protected", he stressed.


+ But also by "Deepening European Integration, (which) goes hand by hand with Solidarity and Social Cohesion, and is .... the Best Way to Effectively Address the current Socio-Economic Crisis'", the incoming, July - December 2012 EU Chairman highlighted, speaking at the aftermath of June 2012 EU Brussels' Summit, which mainly confirmed and asked to advance further in the EU Economic and Political Integration strategy initiallly set up by the Franco-German couple of Sarkozy-Merkel as early as since the December 2010 Franco-German Summit at nearby Friburg, as well as the 16th of August 2011 Elysee Palace Top meeting in Paris, which inspired the EU Brussels' Summits' Collective Moves since December 2011 and January/March 2012, (Comp. "EuroFora"s relevant NewsReports from Freiburg, Paris and Brussels).


- However, this obviously implies that "European Citizens" would "regain Faith in the Visison of EU Integration", since it's "only in this way (that) we Can Reduce the Chasm between the Citizens of Europe, and the imprersonal and -what often seems to them as- Remote Decision-Making circles in Brussels", he warned, (despite the fact that Christofias chose to open an Exhibition with a Reception in Brussels, instead of Strasbourg, just a day before arriving at EU Parliament's Plenary, here)..
- In that direction, "for a Succesful Cure of the Problems caused by the (Global) Crisis, its Root Causes must be properly Diagnosed : The substance and the Scope of the Socio-Economic Crisis must be Analyzed jointly", and "we (EU) should have the Courage to Self-Criticize, at the National and European Levels, regarding the possible Political Inertia or the Weaknesses of EU Policies, mostly of the Past 2 Decades". (I.e. practically during 1999-2012, which coincide also with Turkey's controversial and Unpopular EU bid, a Main factor in the Causes which provoked the 3 "No" to EU Draft Constitution's EuroReferenda on 2005-2007, as well as an Unprecedented Majority Abstention of EU Citizens from EU Elections, the number of Voters sharply Falling deep Down from 1999 and 2004, with a partial Deceleration on 2009, but remaining still a Challenge for the forthcoming EU Parliament's Elections of 2014).


- In particular, "We (EU) should Not allow our Societies to be at the Mercy of Markets, and of the Interests whichg Manipulate them", exploiting, in the Past, an "Unaccountability of the Markets, by Lack of Government Supervision", Christofias also denounced, backing recent years' efforts, initiated mainly by Sarkozy-Merkel and other EU Political Leaders, to start promoting and taking Measures to Regulate and/or Monitor particularly Financial and other Markets, up until the Global Level, as, f.ex. with the 2011, May G8 Summit at Deaville and specially the November G20 Summit at Cannes, (comp. "EuroFora"s relevant NewsReports from Paris, Deauville and Cannes).


- In fact, "ordinary Citizens of EU Member States are the Last to Blame", while, moreover, "we (EU) canNot ... put the Weight of the current (Global) Crisis on the shoulders of those who barely earn a living". On the contary, "we (EU) have a Moral and Political Obligation to apportion the Burden of the (Global) Crisis Equitably, and, most certainly, Protect the financially and socially Vulnerable Groups" of People, Christofias warned, expressing "Deep Shock" in front of  "Images of Suffering People .. shown on TV, waiting at the Queue at Shelters for a portion of Food just to Survive". It's an insult to anyone of us even to give the impression that we (EU) might "Tolerate such a Situation in Europe" : "We (EU) canNot stand by", while People "are Led to Social Exclusion and Impoverishment", he denounced, "Inviting .. EU Commission's President (Barroso), to work together in Finding Ways to Expand and strengthen the <<Most Deprived Persons>> Programme" of the EU, "through the use of Public Intervention Stocks of Agricultural Products", as he mentioned as one concrete example, (in an area notoriously backed also by EU Parliament's biggest Group's President, Joseph Daul from France, Head of ChristianDemocrat/EPP MEPs).  - "I'll be the Happiest personb in Europe if, by  the End of Cyprus' Presidency, tangible Results from This Program .. or Measures with an Equivalent effect" are realized, "thereby Reducing this imprtant Social Problem as much as possible", underlined Christofias.


But he certainly didn't mean that  EU Citizens' expectations  should be reduced only to a  ... "Soup for the Poor" : - More generaly, "the most Important points are a Fairer ReDistribution of Wealth", and "a more consistent and Humanistic Social Policy, ... combined with Support to SME's - the backboneof the European Economy", which could "lead to Employment, Growth and .. Social Cohesion, within the EU", he added.
+ At the same time, nevertheless, the incoming EU July - December 2012 Chairman, also paid Hommage to the "Actions (which) have been Promoted", especially, "during Last Year" (2011), notoriously mainly incited by the Franco-German couple Sarkozy-Merkel (Comp. relevant "EuroFora"s NewsReports from 2011 but also early 2012), as well as with the "Contribution of all", including "EU Commission", and he expressed the Hope that such Measures "will create Better conditions for Competitiveness and Growth", "expecting" that they will also "Increase Employment, primarily for Young People, and lead to a "Greener" Economy".


++ "Complementary" to that, are also the "Measures primarily taken (in the Past 1 Year) to Stabilize the Debt Crisis", he added, making also a special mention to the "Fiscal Pact"(as some call, in fact, the New €uroArea Treaty on €uroArea's Governance : Comp. "Eurofora"s NewsReports from EU Brussels' Summits of 12/2011 and 1/2012, as well as from Elysee Palace in Paris' special Franco-German Summit of August 16, 2011, etc).  - "We (+25 EU Heads of State/Govenment, out of 27) Agreed, through Consensus - to the Greatest possible Extend ... on a Fiscal Pact which .. establishes a Strong Structure of Governance in the €uroZone", Cyprus' President Christofias justly praised, (considering, in fact, a Treaty which gives €uroZone, for the 1st time in History,  a Top Political body : the €uroSummit of Heads of State/Government (1st to be ever held being that of October 2008, during the French EU rotating Presidency), due to meet even more Regularly, as well as to Choose, if they wish so, to start dealing not only with Economic, but also with purely Political issues concerning the €uroArea Countries: See the relevant "EuroFora"s NewsReport of March 2012). I.e., potentialy, an Historic move of paramount Importance in view of a European Political Union.


+ "Furthermore, we (EU Summits' 2011 - 2012 Decisions) have managed to build a Stronng Protective Wall", able "to support Member States facing intense Financial Pressure", he also acknowledged, speaking just a few Days after the German Bundestag officially adopted in Berlin, both the New €uroArea Treaty, and a brand new European Solidarity Fund at the End of June 2012, (as already scheduled since 2011).
=> Thus, now, "the Challenge is to Complement" a "Fiscal Discipline approach, (since it's certainly Important to Cut Waste and get Public Finances back on track), with a strong strategy for Growth and Job creation in Europe", he reiterated.
---------------------------                      
Meanwhile, Highlighting the "4 Priorities" of Cyprus' EU Chairmanship for July - December 2012, President Christofias briefly referred to the Main Areas for Concrete Action during this Semester, on EU's "Efficiency" and "Economic Growth", as well as to Measures due vis a vis EU "Citizens", but also "in the World" :

(A) Surprisingly pointing from the outset, as No 1 Priority's main action , EU's "MultiAnnual Financial Framework (2014-2020)", i.e. precisely the important, Strategic issue highlighted by "EuroFora" at our Question/Reply with EU Parliament's Spokesman Duch 2 Days Earlier, during the Press Point on the July Plenary session, (See : http://www.eurofora.net/newsflashes/news/euparliamentfinancialperspectives.html ), President Christofias anounced his intention to work for the "Finalization of the Negotiations and the Completion of a Fair and Effective EU Budget", able to "lead to Growth and enhance Employment", seeking "progress" particularly on "Agriculture/Fischeries and Cohesion policies", as well as on "Research and Innovation". Moerover, under the same Priority on EU's "Efficiency", he also pointed at "Energy", "Connecting Facility" and "TransEuropean Networks" (which include Energy Transport, but also TeleComs, etc), because of their "contribution to boost Competitiveness and Integration" in the EU. "Climate", "Environment" and "Energy", as well as an "emphasis on Maritime" policies, were added as parts of a desirable "Sustainable Development".

(B) On EU's "Economy", (priority No 2), Christofias promised to "focus on" the "implementation of Europe 2020 Strategy", with "further" emphasis on "Growth and Employment", as well as on "Financial Services",  for "Consumer and Investor Protection", as well as for more "Transparency of the Market", in parallel with the promotion of the "Deepening of the Single Market", for the "Economy", "SMEs" and "Consumers", as "Basis of EU "Integration".

(C) In the EU "Citizens" priority, Cyprus' President stressed the "Importance" to "strengthen Participation" in "the formulation and implementation of the "EU 2020 Strategy", "especially on Employment and on Combating Poverty and .... Exclusion", while also "promoting Children Welfare", and "Active Ageing", not only in Work but also in "Participation of the Elderly" in "socio-cultural and civic programs", action against "Violence on Women" and "Gender Wage Gap". It also includes the aim to "establish a common European Asylum system by the end of 2012", as well as "negotiations on Next Generation programmes "Erasmus" and on "Literacy", concerning "Education".

(D) On the "Europe in the World" field, Christofias anounced a "special attention to the Southern dimension of EU's Neighbourhood policy", "under the Major Political Upheavals taking place on the ...Mediterranean coast", where People are "Seeking Democracy", advising to let them "decide on their own System of Government", withoput doing the "Mistake" to eventually "attempt to impose a model", instead of better "supporting the vision of the Youth ... for Pluralist Societies", with "Respect of Human Rights", as he said, before concluding with a brief but positive mention also of EU "Enlargement", to "promote",  since it "has been" among "the most succesful EU policies".
-------------------------------
=> Thus, despite the fact that Cyprus "faces an additional Challenge, due to the Problems of the Anachronistic Division, as a Result of the on-going Turkish Military Occupation of the Northern Part of the Island", "We (Cyprus' incoming EU Presidency for July - October 2012) will spare no effort and will not allow any problems that the Occupying Power may provoke, from Derailling us from exercising an entirely European Presidency", Christofias promissed.
------------------------------
Replying to British Liberal MEP Watson's call to "engage with Turkey", Christofias denounced  that, in fact  .. - "It's Turkey who refuses  to talk with me, despite several calls and invitations, not even to speak about the Dream to reunite Greek and Turkish Cypriots, something which would be also favorable to Ankara's interest, as well as of its People, many of whom notoriously struggle for Democracy and against gross violations of Human Rights, as he reminded. "Turkey is an Occupying Power, and EU, as a matter of Principle, should condemn Turkey's acts which attempt to downgrade and/or discriminate against Cyprus, an EU, UNO and COE Member State", President Christofias criticized in reaction to the above mentioned remark. On the contrary, for many Years, my Dream was and still ise to work for the ReUnification of all Cypriots, Greek Cypriots, Turkish Cypriots, Maronites, Armenians, etc, and I always kept particularly good relatiions with most Turkish Cypriots. The Country belongs to all its People, and to nobody else. But in case of solution, Cyprus would naturally have very good relations also with Turkey, as well as with the UK and naturaly Greece, etc. But Ankara didn't respond yet positively. Nevertheless, I'll continue my efforts up to the last minute, he promissed, (speaking shortly before the February/March 2013 next Presidential Elections).

 - Indeed, concerning Ankara Government's recent provocative statements and/or harassment/blackmail (already denounced by various MEPs : Comp. also "EuroFora"s earlier, relevant NewsReports, including Yesterady's : Tuseday's), EU Parliament's President, experienced German MEP Martin Schulz, replying to a Question during the subsequent Press Conference in Strasbourg, stressed that : - "Turkey must respect the fact that EU has certain Rules, and one of these Rules is the Rotating (EU Council's) Presidency. Cyprus takes now the Right and the Responsibility to lead the EU. It's a Duty of  (EU) Member States to undertake this (Rotating, EU Council's) Presidency. Now, something that I've already said to Prime Minister Erdogan in Istanbul, and to President Giul and to the Speaker of the Parliament in Ankara, I'd repeat it here : It's not the EU who is going to jon Turkey, it's the other way round ! For that reason, Turkey must abide by the Rules of the EU !", he warned Ankara.
- "As the President of an EU Institution, and my collegue now, for 6 Months, Dimitri Christofias, we both lead an EU Institution. And, as such, I can't accept that the Turkish Government says to me : - "Yes, we accept you, because you are German, but we don't accept him, because he's from Cyprus. The facsinating thing about the EU, is that we are all Europeans here", strongly said Schulz. - "If a Country wants to join the EU, it depends on Respect for those Rules. And I see, that, for the moment, Turkey does not want to respect those Rules", he denounced.

20120704_13.06.54_400

=> "- Now, that casts a Heavy Shadow on the Application Process, and it's something that I've said before, but we have to get the Message accross, that it's something that it's Not going to be Acceptable !", he warned Ankara, (echoing also various similar, and even sharper Criticism of Turkey's provocative attempts to boycot the incoming EU Chairmanship, denounced earlier during the EU Parliament's Plenary Debate by several MEPs, many of whom raised also questions about whether Ankara's lucrative (about 1 Billion € in full Grants, and some 4,5 Billions € in total EU Aid for Turkey each year, even in the present times of Crisis and Austerity), but controversial and unpopular EU bid might still continue totally unimpeded, regardless of its behavior..
---------------------------------------------------------                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               
Independently of that, as far as it concerns Europe's present and Future itself, the incoming EU Chairman, Cyprus' President Christofias (who repeatedly thanked EU Parliament's President Schulz for his "support", promissing a close and productice cooperation between MEPs and EU Council), concluded his Plenary speech with a Symbolic reference to "hte reat Philosopher of Antiquity, Socrates, who said, according to Plato : "


- "The Meaning of Life" is "to be a Good Athenian", i.e. to "leave Athens a Better place, than what we found". And, Today, "we have a Duty to work tirelessly toards making Europe a Better place for all EU Citizens", stressed in conclusion the incoming EU Chairman for July - December 2012.
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(NDLR : See also President Christofias', short but topîcal Reply to "EuroFora"s Question on another issue, already sent earlier to Suibscribers/Donors as DraftNews).
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("DraftNews", already sent earlier to "EuroFora"s Subscribers/Donors. A more accurate and Full, Final Version may come asap).

***

f.EU Commission President+Luxemburg Prime Minister Santer to EuroFora:Political Union due since €uro

Written by ACM
Tuesday, 03 July 2012

 20120703_16.12.32_400

*Strasbourg/EU Parliament/Angelo Marcopolo/- The current need for the EU to advance towards a Political Union had been already foreseen and even scheduled by those who created €uro Currency, as an inevitable consequence of that, revealed explicitly to "EuroFora" the experienced, mainstream MEP, former EU Commission's President, and former Prime Minister of Luxembourg, Jacques Santer, who had personally contributed actively to the introduction of the €uro, together several other Top EU Political Leaders until 1999.

- "EuroFora" asked Santer, if, according to his Historic Experience and active role at the Top of the EU Collective Leadership when the €uro had been planned, prepared and introduced, during the 1990ies (Comp. the currentlly debated

-"Certainly! Certainly !", immediately reacted Jacques Santer to "EuroFora"s question positively. - "If you read anew the Speaches which had been pronounced then, including that of (Historic German Chancellor) Helmut Kohl, it's obviuous that the Political Union was also one of the Conditions for a (Real)Economic and Monetary Union. And (former Loong-time EU Commission's President -Jacques- Delors always spoke of <<Economic Government>", he observed from the outset.


- "So that we had 2 Elements : 1st the Monetary Union, which should already start to work, and, 2nd the Economic Union, which was a kind of "second Lung" for the EU, "but wasn't yet ready", President Santer further explained.


=> "And the Monetary Union would render Necessary to build also an EconoomicUnion?", "EuroFora" went on to ask.


- "Precisely, we thought, at that moment, that the Monetary Union was going to provoke, let's say, a larger Economic Convergence inside the EU, so that, indeed, a Monetary and Economic Union would become able to function with both its lungs taken together", the Experienced former EU Commission's President acknowledged.


- "But, obviously, I must say, that the (Global) Crisis which has started from the USA, hadn't been foreseen, and it has shaken up (upset) all data",  Santer observed, "while, until then, the EMU (even if incomplete), it was functioning properly, wasn't it ?", he also noted.


- "However, if the EU Constitution's Draft (Treaty) had been adopted, (instead of being rejected by 3 EuroReferenda in France, the Netherlands and Ireland, back on 2005-2007, notoriously because of Turkey's  controversial and unpopular EU bid),  then, we (EU) would have got a 5 Years Advance on what EU is trying to do now (on 2012) for an Institutional deepening of EU's Political Union, (through a Stronger Economic Governance, etc). Therefore, in that case, EU might have been better prepared to face the USA-generated Global Crisis of 2008-2009, wouldnt' it ?",  "EuroFora" reacted to his latest point.


- "Oh, Yes !", agreed, prolonging a spontaneous laugh with an extended smile, the experienced former EU Commission's President during a crucial era, and f. Prime Minister of Luxebourg,  Jacques Santer, (who had recently lectured on EU History at a landmark Summit of ChristianDemocrats/EPP Heads of State/Governments at the Royal Academy in Brussels), and current President of the Foundation of European merit, and, significantly, President of "Europe Group", inside the Union of European Federalists.


+ In this regard, as far as Catching up with Time on EU Political Union is concerned, Santer, commenting on the Results of the latest EU Brussels' Summit, he soberly told "EuroFora", that,  "at least, it generated some Directions (Horizons). (But) now, all depends on how this will be prepared in order to function" in real practice, he rightfully observed, apparently pointing at the forthcoming ECOFIN (from July 10-11 onwards) and EU Summits' meetings of October and December 2012   to "at least" start completing now the earlier scheduled but unaccomplished yet, crucial task...

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imag0218_400_01

(Opinion).

 In Democracy, the forthcoming choices for EU's Top Jobs, as the New EU Parliament's President, new EU Commission's President (+ probably EU Council's President, EU Foreign Minister, etc) should be made according to EU Citizens' Votes in June 7, 2009 European Elections, and main EU Governments' strategic policies.

At the heart of the biggest EU Countries, in France and Germany, EU Citizens clearly voted for a renovated, non-technocratic but Political Europe based on Values, declared explicitly incompatible with Turkey's controversial EU bid.

This main choice was also supported in several other small or medium EU Countries, such as Austria (cf. promise of a Referendum), Spain (cf. EPP program's reservations vis a vis Enlargment), etc., while EPP Parties won also in Poland, Hungary, Cyprus, etc.

In other Countries, whenever Governing coalitions didn't make these choices or eluded them, continuing to let a Turkish lobby push for its entry into the EU, they paid a high price, and risked to damage Europe, by obliging EU Citizens to massively vote for euro-Sceptics whenever they were the only ones to offer a possibility to promise  real change and oppose Turkey's demand to enter into the EU :

It's for this obvious reason that British UKIP (IndDem) succeeded now (after many statements against Turkey's EU bid) to become Great Britain's 2nd Party, unexpectedly growing bigger even than the Governing Labour Party, as well as the Liberal party  ! Facts prove that it's not an isolated phenomenon : A similar development occured in the Netherlands, where Geert Wilders "Party for Freedom" (PVV) became also the 2nd biggest in the country, (after EPP), boosting the chances of a politician who had withdrawn in 2004 from an older party "because he didn't agree with their position on Turkey". And in several other EU Member Countries, even previously small parties which now focused on a struggle against Turkey's controversial demand to enter in the EU, won much more or even doubled the number of their MEPs (fex. Bulgaria, Hungary, Greece, etc).

On the contrary, whenever Socialist and oher parties were explicitly or implicitly for Turkey's controversial EU bid, they obviously lost Citizens' votes and fell down to an unprecedented low.

In consequence, EU Citizens clearly revealed their main political choices, in one way or another : They voted to change for less Bureaucracy, but more Politics and Values in a Europe really open to EU Citizens, but without Turkey's controversial EU bid.

Recent political developments are obviously different from the old political landscape which existed in the Past of 1999-2004, when Socialists based on Turkish 1% vote governed undisputed not only in Germany, but also in the UK, Greece and elsewhere, France followed old policies decided when it had been divided by "cohabitation", before the 3 "NO" to EU  Referenda since May 2005, before Merkel, before Sarkozy, etc.... before the surprises of 7 June 2009 new EU Elections.

If the current candidates to the Top EU jobs promise and guarantee to respect People's democratic choices, OK.

Otherwise, Europe must find new candidates, really motivated and able to implement these democratic choices of the People.

The beginning of crucial, final Decisions are scheduled for the 1st EU Parliament's plenary session in Strasbourg, in the middle of July, and they could be completed towards the October session, when Lisbon Treaty's fate will have been fixed.


See relevant Facts also at : http://www.eurofora.net/newsflashes/news/2009electionsandturkey.html
http://www.eurofora.net/newsflashes/news/daulelections.html
http://www.eurofora.net/brief/brief/euroelectionresult.html

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Polls

2009 EU Elections were won by Parties against Technocracy and Turkey's controversial EU bid, while the 1999-2004 Majority Abstention trend decelerated. What should be done in 2009-2014 ?

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