newsitems

*Strasbourg/CoE/Angelo Marcopolo/- Surprizingly, it's even Years After controversial former US President Barack Hussein Obama's notorious Pressure to Impose UnPopular "Same Sex Marriages" between Homosexuals, Submitting to their "Power" even Children under pretext of so-called "Adoption", that Countries such as Romania a.o. still feel, Nowadays, the Need to SafeGuard Natural Family, by organizing a Referendum to clarify in their Constitution, a Definition of Marriage similar to that of Article 12, of the PanEuropean Convention on Human Rights, which Recognizes to "Men and Women" a "Right to Marry and found a Family", already, since Half a Century ago.

This is the main object of the Popular Referendum opened to Vote during this Week-End, (October 6 and 7, 2018), by Romania's 20 Millions Citizens, thanks to a People's "Initiative" dating from 2015, which Succeeded to Gather 6 Times More Supporters than needed, (instead of just 500.000, it was Signed by 3 Millions on 2016 !), and to be, in Addition, Endorsed Both by the Parliament and the Senate of the Country, (with 232 Votes against only 22,  and 107 against only 13, respectively, on 2017 and 2018).

Curiously, However, its Opponents have Claimed that such a Popular Referendum would be ..."Against Europe (sic !)", (as a Strange Article by a Romanian Author argued in Liberal German Newspaper "Zeit"), and, particularly, that it was against "LGBTI Rights", (according several NGOs, mainly Backed by Controversial Multi-Millionaire Soros, etc).

Both seem Unable to explain the Fact that this Popular Referendum simply Reproduces the ECHR's Original Text on Men and Women's Right to Marry and found a Family, witOut adding Homosexuals there, (Comp. Supra, and See also Infra)...

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All the (manifold) Parties located at the Right Side of the Political Spectrum support this Popular Referendum, Joined by an Historic, later Marginalized, but Recently slowly ReGaining Force "Ecologic" Party, as well as even a Part of the ..."Socialist" Party, (something that former Long-Time President of Romania, Trajan Basescu, pointed out as a "Paradox").

Opposed (or, rather, "Boycotting") are a Minor, openly "Technocratic" Party, added to a Split of atypical "Greens", curiously very "Liberal/Private Economy"-minded, and looking more and more as an Appendix of "LGBTI" Lobbies, and a Recent Part of a (much Wider than that) Anti-Corruption Movement, with Exceptionaly Shaky Leaders who have all Failed to Stay at least One (1) Year in the job (sic !).

"Neutral" reportedly is a Part of some Long-Time "Liberals", who Recently turned their coats towards the "EPP" Group in EU bodies, but wihOut adhering to the ChristianDemocrats' traditional BioEthical Values, (etc).

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However, a Strange Feeling of possible Ambiant Hypocrisy, at least from Some sectors and/or Parties, (Comp. Supra), Might, Perhaps, explain the Fact that this Popular Referebdum's Date of Vote was, astonishingly, Postponed, Belied, and, Later anew Modified, too Many Times in a row : F.ex., initially foreseen on Fall 2017, it was Changed for May 2018, Later Moved to June 2018, Afterwards on September 2018, and Now on October 2018...

+ In Addition, this Latest chosen Date, astonishingly Coincides with an EU Parliament's Debate Criticizing the current State of Law in Romania, (last Wednesday Morning in Strasbourg), on which, a more or less "Hot" Resolution was, curiously, left for Vote only Later-on, i.e. at the Next Session of EU Parliament, towards the End of October, scheduled for just AFTER that Referendum... (Almost at the Same Moment that anOther, even more Crucial Resolution, by CoE's PanEuropean Assembly, related to Russia's Membership, was Curiously entrusted as Rapporteur to a Notorious pro-LGBTI Technocrat, working on Artificial and other Reproductions of Human Beings, from the "Socialist" Group, Next Week in Strasbourg - i.e. just Before the Final Vote, Later in EU Parliament, on the Referendum for Romania - traditionally Linked to Neighbouring Countries and Russia itself also through Orthodox a.o. Christian Networks Backing that Referendum).

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More Serious is the Fact that its (Open or Disguised) Critics, here even more than elsewhere, Attempt to Evade the Main Substance of the Key Issues at Stake, and, particularly, that what is Really the Matter,

- is Not Homosexuals' Individual Liberty in their own Private Life, (since they are Free to have any Sexual Life they might want, and might, even, perhaps, form some kind of "Personal Unions" for Practical Issues, etc),

- But rather the Risk for Many Thousands of Homosexual "Couples" to become Easy Prey and slyly "Trapped" by a Lobby of Shady Technocrats, who could Exploit the LGBTI Community's InCapacity for Natural Births, (since they are Not Fertile), in order to "Use" them as a "Proxy" Group of Interest secretly Manipulated Against Natural Births of Human Beings, Pushing them, instead, in favour of various Artificial Tehniques for ProCreation, (f.ex. Artificial Reproductive Technology, In Vitro Fertilisations, Artificial Inseminations, Pre-Natal Tests, Creation of SuperNumerary Embryos, Human Embryos' Genetic Manipulations, "Banks" of Frozen Embryos, Sperms and/or Ovaries, Artificial Wombs, Surrogate "Mothers", New "Gene-Editing" Technologies, etc), provoking obvious Dangers for Humankind !

I.e. what is really at Stake in such kind of Topical BioEthical Issues is, in Fact, so Important, that Adversaries of Natural Human Family and Natural Births don't Dare Oppose it Oppenly, but Rather Try to Abuse of InDirect Methods to Undermine that : F.ex., here, they reportedly Push to Lower the percentage of Popular Participation to that Romanian Referendum's Votes under the Crucial Threshhold of 30%, (even if about 90% of Voters appear to be Supporting that BioEthical Referendum, according to Polls).

Will the Romanian People let a Shady Minority Lobby Block Democracy in such a Serious BioEthical Issue of Nowadays Society, with manifold Crucial Reperscussions on Humankind's foreseable Future (Comp. Supra) ?

*Strasbourg/EU Parliament+CoE/Thursday+Friday/Angelo Marcopolo/- After Turkey's unprecedented Refusal to Cooperate for the Implementation of ECHR's Judgements on manifold Human Rights Violations in Cyprus, (See : ...), a move that CoE's Highest Political Body : its Committee of Ministers, "Deplored", and that EU President Austria's Ambassador/Permanent Representative to the CoE, Gerhard Jandl, speaking to "Eurofora", also strongly Criticized as "UnAcceptable", (See Infra), EU Parliament's Plenary decided to definitively "Cancel" a Part of Funds initially earmarked for Ankara, while the competent CoE's body Rejected a List of Turkish Judges Candidates for the ECHR, and CoE's PanEuropean Parliamentary Assembly (PACE) is due to Check, Next Week in Strasbourg, the Credentials of Turkish MEPs, regarding Conditions which are defined widely enough in order to eventually put Sanctions also in such cases, as PACE's Secretary General, Wojciech Sawicki, told "Eurofora", inter alia, possibly Start-Kicking a Growing SnowBall of various Repercussions, that might Evolve much further in the foreseable Future.

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- EU Parliament expresed "Concern" for a "Continuing Deterioration", "and for "Turkey's Further Drifting Away from European Values", nowadays, particularly concerning "Fundamental Rights and Freedoms", as well as "the Rule of Law", as it was stressed in a Resolution Adopted by a Big Majority of 544 MEPs, against Only 28, Earlier this week in Strasbourg's Plenary Session.

=> As a 1st Step, MEPs Definitively, "Fully Cancelled" Now 105 Millions € from Turkey's "Pre-Accession Aid", which had been initially "Frozen", in the execution of EU's Budget for 2018. Instead, EU Parliament prefered to Transfert such Funds mainly towards Africa, but also Syria, etc., in order to Help Face more Serious Needs, (f.ex. "along the Central Mediterranean Migratory Route", etc), according to a Resolution on an "Amending Budget", Drafted by ChristianDemocrat/EPP's mainstream MEP Siegfried Mureşan from Romania.

EU Council and Parliament had previously Agreed that the initially Frozen Amounts ("put in a Reserve"), would have been only Released IF Turkey made "Measurable sufficient Improvements in the Fields of Rule of Law, Democracy, Human Rights and Press Freedom". But, already, EU Commission's Annual Report on Turkey, from April 2018, confirmed Unequivocally a Backsliding of the rule of law, democracy and human rights", clearly revealing that "the Conditions" had "Not been met" for that, on the Contrary... (Comp. Supra).

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+ While it remains, still, to be seen what exactly will happen, on this point, with EU's New Budget for the Year of 2019, (whose Draft will be Soon Debated and Voted in Strasboug, starting from Later this Month : End of October 2018+),

 it's, However, true, that the main Bulk of EU Money for Turkey now comes from a much Bigger Amount of + 3 Billions € in full Grants per Year, that Ankara had Obtained since 2015 after a notorious Blackmail exerted on the EU via that 2015-2016 UnPrecedented Big "Tsunami" of more than 1,5 Millions of Mass Asylum Seekers/Irregular Migrants, which was Suddenly thrown into the EU, through Turkey's Borders to EU Member Greece.

Even if consistent UNHCR and IMO Data clearly prove that, in fact, that "Tsunami" started to be Stoped by the Closure of Borders at Victor Orban's Hungary, which rapidly incited also Other European Countries accross the Western Balkans Route, to Close also their own Borders, in order not to be Trapped in the Middle of such Huge Population Movements, (See : ..., etc), nevertheless, EU continues to Pay Turkey, Despite the Fact that it does Not really meet its Commitments in full, not even there, since, Nowadays, even more Mass Irregular Migration towards EU Member Greece continues, and Returns are Not Really working well.

Moreover, an Interesting Amendment tabled by MEPs who asked for "a proper (EU) Monitoring mechanism" to be Established on Turkey "in order "to Identify the correct Allocation of Funds", just slightly missed, now, a Majority for only 13 out of 656 MEPs (sic !), Dividing EU Parliament in 2 almost Equal Parts... Already, EU's Court of Auditors and EU Parliament's Budget Control Comittee (COCOBU) had Earlier Criticized the Lack of Clarity and Transparency in the way that Turkish Officials were handling EU Funds in the Past.

As for Turkey's current Financial Needs, they apparently seem Growing recently, inter alia, given also the Latest Sharp Fall of the Turkish Lira, added to a High Inflation, several Downgradings of Ankara's Debt credit by International Rating Companies, and IMF's apparent Reluctance to continue Funding Turkey, (something that its Economy Minister has already Excluded since August), etc.

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But, while EU's main Attention on Mass Irregular Migration is curently moving towards Africa, Turkey's recent Behavior at the CoE (Comp. Supra) has just Opened a New Front of UnPrecedented Problems for Europe :

- Thus, given also the Obvious Dangers for the PanEuropean Mechanism of Human Rights' Protection, if Other Countries started to more or less imitate Turkey in its Recent Blunt Refusal to Cooperate with CoE's Highest Political Body (its Committee of Ministers) for the Implementation of ECHR's Judgments on the numerous landmark cases of Human Rights massive and continuing Violations in Cyprus' Occupied Teritories by Ankara's Foreign Military Troops, the current Austrian Presidency of the EU (July - December 2018) Started to react :

- "This is UnAcceptable, of course !", clearly Denounced the EU Austrian Presidency's representative inside the CoE, (and, therefore, Head of the Majority Group of 28 EU Member Countries amonga Total of 47 Member States'  of the CoE), new Ambassador/Permanent Representative to the CoE, Gerhard Jandl, speaking to "Eurofora" Yesterday in EU Parliament, on the occasion of another Collective Meeting there.

- In fact, the Turkish Delegation had even ...Deserted its Desk, during CoE's Ministers recent Debate on Human Rights Violations in Cyprus by Turkey, condemned in several ECHR's Judgements, Refusing to Speak to anyone, Neither to Reply to Questions raised by CoE's Top Body...

- Exerting an obvious, blunt Blackmail, Ankara's Government, in fact, Refused to Cooperate with the CoE for the Implementation of ECHR's Judgements which have notoriously Condemned Turkey for Massive and Continuing Violations of Human Rights of Greek Cypriot Refugees/Displaced persons and "Missing" People, since the 1974 Military Invasion/Occupation of the Northern Territries of the Island, ...Demanding from the CoE to Definitively ...STOP its Efforts to Implement ECHR's Rulings on landmark Cases of Individual Applications by the Victims, (such as the World-Famous "Loizidou" case of a Woman Refugee/IDP, but even in Many Other Recent Individual Cases of ECHR's Judgements, such as "Xenides-Aresti", etc), even if ECHR's case-law has Not yet been fully respected in real practice !

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- Already, ECHR's President, Italian Judge Guido Raimondi, speaking Earlier to "Eurofora", regretted that, "indeed", all these Cyprus' Refugees/Displaced persons Cases "seem to be Blocked", as he had already Warned, while Turkey's explicit Threats had started to circulate in Strasboug after the Summer.
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=> It's in such an UnPrecedented Context, that, inter alia, Recently, CoE's Parliamentary Assembly's (PACE's) competent Commission Asked to Reject all 3 Turkish Candidates for a Job inside the ECHR in Strasbourg, in an Official Proposal due to be Debated and Voted by PACE's Plenary Session Next Week in Strasbourg.

+ Most Important : CoE's Assembly is due to Examine and Decide on the Ratification, or Not, of the Credentials of All the National Delegation of Turkish MEPs, here Next Week, following the recent Parliamentary Elections in Turkey, PACE's Officials told Strasbourg Journalists, including "Eurofora", Today, Friday, during a CoE's Press-Briefing.

=> Replying to a relevant "Eurofora"s Question evoking Turkey, the Experienced CoE Assembly's Secretary General, Wojciech Sawicki, clearly stressed that PACE's Rules of Procedure use a sufficiently "Wide Wording", concerning the Conditions for which a Delegation's Credentials may be contested, including, inter alia, also, f.ex., a CoE's Member State's Commitment to Cooperate with the PACE's "Monitoring" Committee, and/or its Legal/Human Rights and Political Committees, on the Verification of its main Obligations, (etc).

+ In such a Context, it's not really a Surprize  PACE's Legal and Human Rights' Committee's forthcoming Hearing (Next Tuesday in Strasbourg) of a Top CoE's Legal Expert on the Key Issue of "the Implementation of ECHR's Judgements" Nowadays, in view of the Preparation of an Official CoE Report on that matter by former Long-Time Greek Foreign Minister and vice Prime Minister, Evangelos Venizelos, will be finally held ...Behind Closed Doors ("in camera"), i.e. withOut any presence of Independent Press, (as "Eurofora" was told....

+++ Meanwhile, PACE's SG, Sawicki, speaking afterwards to "Eurofora", with an Interogative mood, told us that, "Personaly, I have Not yet Heard something of that kind on Turkey", (i.e. on its MEPs' Credentials' contestation).

But it wasn't excluded that something relevant might occur, either Now (i.e. during Next Monday's PACE Plenary), or on January 2019...

+ Otherwise, in the Meantime, Turkey, paradoxicaly intends to keep All the Augmented MEPs' Posts in the PACE, which had been awarded by the CoE to Ankara when it had Promised to Pay a Higher Annual Financial Contribution to CoE's Annual Budget  equal to those of "Big Payers" (such as Germany, Russia, France, Italy, etc), Regardless of the Fact that, soon Afterwards, suddenly, the Turkish Government had anounced its decision to Stop Short of Paying such a Contribution, and Return Back to a Lower, Less Expensive version...

Some claimed (in Reply to Other Journalists' Questions) that this Recent Exceptional Augmentation of the Number of Turkish MEPs in the PACE would have No Relation with Ankara's earlier promise (Now Bellied) to become a "Big Payer" for the CoE. But it's also a Fact that Both Moves had been Initially Announced by the CoE at the Same Time ...

(../..)

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*Strasbourg/CoE/Angelo Marcopolo/- Just a few Decades after Europe's ReUnification, the Quality of Justice has converged and become very Similar in Western and Eastern European Countries, including Russia, with some exceptions, especially on doubts about certain Judges' Independence, told, in substance, "Eurofora" CoE's Director for the Efficiency of Justice, Stephane Leyenberger, in reply to our Question at a Press-Briefing on the occasion of the Publication of the New bi-Annual 2018 Report of the PanEuropean Committee for the Efficiency and Quality of Justice (CEPEJ) throughout 47 Member States, with a lot of Graphics, together with a brand new, refurbished Data-Base accessible at the Internet.

But, concerning Equality and Womens' work, former Eastern Countries are often more Advanced, and this was true even Before the well known big Political Changes, (f.ex., since many Women already were Presidens of Courts there, etc), he added, in reply to a subsequent question by another journalist.

However, CEPEJ, despite the Fact that it's dealing Both with the Material, Staff and Financial Infrastructures, as well as with the Quality and Efficiency of Courts' Work in the main substance of Legal cases, it has not yet expanded its scope also towards concrete details on the way that they develop the Content of their Case-Law, (f.ex., on how Administrative Courts might Control the way that a State uses its Discretionary Powers, etc), contrary to what another CoE's Body of Legal Experts, that of "Venice Commission", is traditionally doing in parallel, Leyenberger added, at another Reply to a 2nd "Eurofora"s Question.

Meanwhile, Turkey seems to have almost perfectly conceiled, (at least from the Statistics), the Brutal and Massive UpHeaval that its Courts notoriously faced since 2016, when Many Thousands of Judges were Massively Dismissed, Arrested and Jailed, as suspects for so-called "Terrorist" Networks, or "Putsch" Accomplices etc., as "Eurofora" learned from anOther CoE's Official : They simply send us 2 Years of Statistics including for the 1st Time also Rapporteurs-Judges, who had not be counted, until then, so that, at the end, there was No Big Difference visible on Paper, ...., she told us.

(NDLR : "DraftNews" : Eurofora will return back to CEPEJ's interesting and huge work, asap, later-on, for a more Comprehensive Analysis, when EU Parliament and CoE Assembly Plenaries' preparations won't provoque a similar Overload as they do now)...

*Strasbourg/RPUniversity 2018/Angelo Marcopolo/- Having still in mind what had happened with the Rejection of EU's 2005 Referendum for a European Constitution, but also Earlier, on 1969 in De Gaulle's France, a new Referendum would not solve the problems for a Parliamentary adoption of an Exceptionaly Important, but Controversial Reform of the French Constitution Now (most probably on 2019), agreed, in Reply to a relevant "Eurofora"s Question, a well known Top Legal Expert on Public Law in France, former President of the Internatonal Human Rights' Instituite "René Cassin", Strasbourg University's Professor emeritus and former President of the University, Jean Waline, Nowadays Author of one of the most Popular Manual Books in French Administrative Law, (See also Infra).

He had just given the Concluding Lecture at the Annual "Summer University" 2018 of the Mainstream, Center-Right Opposition Party in France, that of the "Republicans", (Founded by Sarkozy, as successor of Chirac's  "UMP/RPR", etc), for Strasbourg's Region, at a Collective Meeting Yesterday Evening, (where "Eurofora" had been Invited for Press coverage, by the main Organiser, vice-President of Lower-Rhine's Department, responsible for Strasbourg, and former MP, Jean-Philippe Maurer, as well as the "Republicans"' regional Secretary General, Mayor Georges Schuler).

President Jean Waline, (Son of a Famous Figure in the History of Legal Science in Europe, Marcel Waline, one of the First to Criticize the Vichy regime's Collaboration with the NAZI Military Invasion and Occupation, during the 2nd World War since 1942, and a firm Gaulliste, a spiritual Father of the "Individual Liberties" Doctrine expressed in the current, 1958 French Constitution's Article 66 about the Protection of Liberty by ordinary Judges), reminded, by the way, that, Paradoxically, "it was a Parliament dominated by the so-called "Popular Front" (Left) which Transfered Governing Powers to (NAZI Collaborator) Petain" in that Shady Past...

But, the Academician Marcel Waline had also Published Original Insights in so Various but Key Socio-Political Issues, going from "Philosophical, Legal and Sociological Positivism", (1933, repub. 1993), and ..."the Proletariat, in nowadays Society" (1946), up to the "Parliament, Government and Political Parties according to Democracy" (1955 : a Prefiguration of what became the Current French Constitution since 1958), as well as a Huge Number of pertinent Legal Comments on Administrative Judges' Case-Law about manifold Topical Cases, (later Compiled by his Son in a Series of 3 Books published on 2004 - 2007), that President Jean Waline, notoriously Characterized by a Sharp Political Feeling, certainly wouldn't underestimate the Various Aspects of this Macron-proposed Constitutional Reform :

- Thus, f.ex., he did not Hide at all the Fact that the Rightist Populist Party of "National Rally", (formerly "National Front"), might get, (with the Constitutional Reform introducing a part of Proportional System, as planned by New French President Emmanuel Macron), much More MPs in the Next Parliamentary Elections, while, until Now, that Population of more than "1/5th" of the Voters that they usually Represent, Has Not at all an Equivalent Number of MPs in the French National Assembly, where it's almost practicaly non-existent, (compared to Other Parties), as he reminded.

+ But, at the Same Time, the proposed Constitutional Reforms, also contain a Number of Various Other Provisions, which often Diminish or Curtail MPs' Rights, such as, f.ex., a Sharp Cut in the Total Number of MPs, Restrictions in the Number of Amendments raised by an MP, of his/her Speaking Time, Easier procedure for Censuring Laws by the Constitutional Court, Shorter Time for a Compromise Deal between Assembly and Senate in case of Disagreeement, Governemental Interventions in fixing the Parliament's Agenda, etc., Jean Waline critically observed, inter alia.

=> Thertefore, the main Question raised is Whether a Majority of MPs might be Found, or not, in order to Adopt a Package of Constitutional Reforms which mainly Diminish MPs' own Rights, to the point to be considered as "Anti-Parliamentary" : - Why should they ? he Wondered.

- But, in Fact, as things stand, Political Parties are, practically, the only Bodies allowed to Fund MP's expenses for Electoral Campaigns, etc, and, therefore, can still exert an Important Influence, in real practice, on them, Waline went on to observe. And this might, indeed, be a Decisive Factor able to Influence MPs' Behavior, he realistically concluded.

=> Therefore, Waline didn't hesitate when "Eurofora" raised the Question if he believed Rumours according to which, the current Government might, eventually, find Easier and Safer to Adopt such Constitutional Amendments through a Popular Referendum, instead of a Parliamentary Vote, or not. And this, Despite the Fact that, as it has notoriously happened, already, with the famous Majority "No" (in France, Netherlands and Ireland, etc) to the 2005-2007 Euro-Referenda on a Draft EU Constitution, mainly Because of EU Citizens' Opposal to Turkey's controversial and unpopular EU bid, (which was parallely evolving during that same periodp of time) : A Similar phenomenon to what might happen, mutatis-mutandis, also time, his (given, f.ex., some People's Opposition to this or that aspect of the current Government's overall Policies.

>>> Indeed, he immediately Agreed with "Eurofora"s above-mentioned, Critical Observation, and stressed that, often, Popular Referenda are Not politicaly Reliable Mechanisms, precisely "because many People Vote "No" for any Other Reasons whatever, Different from that for which a Referendum was made"...

=> In Consequence, in such a case, a Referendum is quite "UnThinkable", and even "Not Possible", Jean Waline Concluded in substance, Replying to the above-mentioned "Eurofora'"s Question, (Comp. Supra).

- At any case, it will be interesting to see what will really happen, when those Constitutional Amendments will be officially Tabled, "probably on January 2019", i.e., by an Irony of the sort, ...just after the 1958 Constitution's 60th Anniversary this year of 2018, Waline highlighted, with a smile...