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Investigative Journalist Daphne's Murder and Independent Web's Importance over Establishment's Media

Written by ACM
Monday, 16 October 2017
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*Strasbourg/Angelo Marcopolo/- A Journalist's independent Web "NoteBook", which became Popular by its Freedom of Criticism and Investigative Journalism,  proved to be much more Dangerous for Corrupted Criminals, than a routine Ordinary Job to Establishment's Medias, judging by the Target of those sly Murderers who Exploded a Bomb in her Car, brutaly Killing Daphne Caruana Galizia, near her Family Home in Malta, earlier Today.

 

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 - "Her Blog sometimes achieved a Larger Readership, than All the other Newspapers in Malta combined", reported the "Independent" (a former mainstream Newspaper, which has recently become an Internet "Pure Player" 100%)


 - Daphne "had been Sued for Libel over Articles she wrote for her Blog", as "AP" Agency calls Daphne Caruana Galizia's "Notebook" at the Web, nicknamed "Running Commentary", (often with Acid Criticism on some Politicians).


They reportedly included alleged Revelations about "Corruption", including Offshore Compagnies in the "Panama Papers" recent scandal, (f.ex. said to be related to Azerbaijan, etc), links to "Prostitution racket in London", Senior Officials' visits to "Brothels in Germany", etc.


Her Criticism reportedly Focused mainly at the Governing Socialist ("Labour") Party's Leaders, but was also extended to at least a part of the main Opposition Party's leadership, etc.


Just 2 Weeks before her Murder, she had reportedly filed (in vain) a report to the Police complaining about being "Threatened".


At her Latest Publication in her personal, Internet Website, (shortly before the Deadly Explosion), she had also Denounced that "there are Crooks everywhere you look now,” to the point that “the situation is Desperate", observed "CNN".


That Last Article concerned mainly the Prime Minister’s chief of staff, "Eurofora" confirmed.


But, reports that the Head of the Team of Magistrates charged with the Inquiry on that Murder had "personally" persecuted Daphne in the Past, obviously risks to cast a Shadow on the Investigation.


Thus, the Maltese Government has just declared that it asked also a Help from USA's "FBI" in order to Investigate that Crime : A move which Reminds a similar Attempt by a former Ukranian President in the Famous case another Critical Web Journalist Gongadze, in the Past, which had also arrived at the ECHR and was Pending at CoE's Committee of Ministers i Strasbourg. But, recently, at the USA, several FBI's Senior Officials have been notoriously Criticized (mainly, but not only, by New US President Don Trump's supporters) reportedly as partial former Cronies of Hussein Barack Obama's previous Administration, (widely Criticized for Spying more on his Political Opponents than against Deadly Islamist Terrorists...


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 - EU Parliament's President, Antonio Tajani, stressed that this "Journalist who Sacrificed her life to seek out the Truth", "won’t be forgotten.”


- EU Commission's vice-President, Frans Timmermans tweeted that ": "If journalists are Silenced, our Freedom is Lost".


- President of European ChristianDemocrat/EPP party, Joseph Daul, (former Long-Time Top MEP from Strasbourg), in a Press Release send to Journalists, including "Eurofora", by his Spokesman, Siegfried Muresan, a MEP from Romania, noted that "Daphne Caruana Galizia has Dedicated her Life to uncovering the Truth through her reporting", trying with "Investigative Journalism" to "make the World a more Transparent and Better Place". With "such a Horrific Crime", "the Free World ... lost a champion of Democracy and Free Speech".


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="Daphne" (alias "Laurier" in French) is the Greek Name of the Tree whose Leafs were used, during the Ancient Greek Civilisation, in order to Honour mainly Heroes, (who made sacrifices to realize an Exceptional Achievement, for the sake of a Collective Ideal and the General Good of Society or Humanity).


People like Caruana Galizia merit their "Daphne" leafs, for ever :


=> She must Not be Forgotten - ...Neither her Coward Killers,  until Justice is done, and the full Truth revealed.


The Tree of Daphne has Many Leafs !

 

 

(../..)

 

 

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Elections' results: Austria to become the 5th EU Country with Unity of All the Right ?

Written by ACM
Sunday, 15 October 2017

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*Strasbourg/Angelo Marcopolo/-
After Norway, Denmark, Finland and Bulgaria (etc), Austria seems due to become the 5th EU Country with a New Government forged on the basis of a Unity among All the Political Parties of the Right, according to the Results of Today's Parliamentary Elections, which Surprized also by a quasi-Extinction of a degraded version of "Greens", and the Birth of a New one, Closer to the Right.

 

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Indeed, the Crystal-clear Winners are the Mainstream Right of ChristianDemocrats/EPP, headed by f. Foreign Minister Sebastian Kurz, who Augment their Votes for + 7,5%, followed by the Rightists of the Freedom Party FPO, headed by Heinz-Christian Strache, who Grow for almost +6%.

 

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Despite a FPO Rightists' Lead in Austrian Polls, which had become Obvious already since 2014-2015-2016,...

 

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... nevertheless, ChristianDemocrat/EPP Leader Kurz Surprisingly managed, from the Middle of 2017, to Mark a sudden and Spectacular Upward Growth of his Party, enough in order to snatch the 1st Rank, regardless of a Last-Minute "come-back" of the Rightists, since last September 2017, which was Insufficient.

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Together, they can have a net Absolute Majority of about 58% of the Votes, (Composed for 31,5% by the ChristianDemocrats/EPP, and about 26,5% by the Rightists of FPO), with 113 MPs (62 + 51, respectively) out of a Total of 183.

 

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On the Contrary, the Socialists remained Stagnant, staying at their Previous score of 26% and something, (i.e. Lower than in the Past), reportedly Heading towards the Opposition.

+ Another, smaller but real Growth of +0,3 % was added also to the Center-Right "NEOS" Party, (set up by an Atypical f. Businessman), which reached 5,3% of the Votes.


But, the "Greens", (co-headed by EU Parliament's MEP Ulrike Lunacek), Surprisingly, Fell so Low, this time, that they Don't even get Any MP at all !

 

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From almost 12,5% that they had before, they Fall now, indeed, Down to Only ...3,8%, (a Loss of -8,6% !), i.e. Lower than the Threshold of 4% needed in order to Participate at the Parliament, with Sweeping Changes in their Leadership expected...


>>> The main cause seems to be the UnExpected, but Spectacular Birth of anOther Ecology-oriented, New Party, headed by Former "Green" MP, Peter Pilz, who Succeeded to win almost 4,5% of the Votes, (and get 8 MPs).


Before that, the "Green" Party (of Lunacek's also Heavily pro-"LBGTI" Agenda, etc), had Rejected Pilz' candidacy for the fourth place in its list, and had even Refused him to present another candidacy for the sixth place...


But Pilz succeeded, (by hastily Creating a brand New Party, with Only 4 Members !), even to Bypass the "Greens", apparently on the basis of a Program quite Strict, vis a vis Mass Asylum Seekers/Irregular Migrants, who Tresspassed into Europe as an UnPrecedented, Giant "Tsunami" through Turkey, of More than, 1,5 Millions of People, since 2015-2016+, which is considered as Similar to what Currently is the Official Position of the CDU/CSU Governing Parties in Germany.

 

 austrian_elections_2017__new_pilz_party_eurofora_screenshot_400

 

+ In Addition, Pilz reportedly is, also, very Critical vis a vis Turkey's regime, prefering, instead, to Boost Support towards the Kurds and other oppressed Minorities, as well as to Cooperate in the Middle East with Jordany, and other Trustworthy Allies against Deadly Islamist Terrorism, for Peace, etc.

 
Such "New" Positions on "Hot" Topical Issues, apparently Explains, at least partly, also the Spectacular phenomenon of a Fast and Huge "Shift" made by Many People f.ex. in Wien City, (a stronghold of the Left), who Left the "Greens" of Ms Lunacek with - 10,2% Less Votes, , while, on the Contrary, Pilz's party Won, there, ...the Biggest Growth of Votes from All Political Parties in Austria (See relevant Graphics), by Getting + 7,5% of Votes for the First Time !

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=> These New Political Facts could serve, in one way or anoher, in the forthcoming EU Summit, Next Week in Brussels, (19-20 October 2017), where the Heads of State/Government have included in their Agenda also Turkey.


The Brussels' EU Summit is preceeded, as usual, also by a previous, ChristianDemocrat/EPP Summit, earlier the 1st Day, where Kurz might usefully patricipate, if there is enough Time.


At any case, if Kurz heads a Coalition Government together with the FPO's Rightists, (i.e. Stracher and possibly Hofer, who had been Close to Win the Presidential Elections in Austria, back on 2015, before Missing slightly his target, snatched, on the Contrary, by Van der Bellen from the "Greens", with a Wider support), then, he shall Not be Alone :


 - Indeed, Nowadays, he would be at least the 5th Head of State/Government to do so, since Austria could simply Follow the previous, but Recent Examples f.ex. of Norway, Denmark, Finland, Bulgaria, etc.


All those Countries are due to play an Important Role at a European or PanEuropean level in the Forhcoming Months or Years :


F.ex., shortly after German Chancellor Angie Merkel surprized by declaring, recently, that her "Favorite" Head of State/Government is ...Norwegian Prime Minister Erna Solberg, (See: http://www.eurofora.net/newsflashes/news/2017germanelectionresults.html), Denmark is due to take over CoE's rotating Presidency, for the period of November 2017 - May 2018, soon in Strasbourg.


+ Finland is expected to Follow, later-on,  at the CoE's Head, immediately Afterwards (i.e. from May up to November 2018.


** While Bulgaria will take over EU's rotating Presidency, from January up to June 2018, (See, amog others, also Ibid).


°°° As for Austria, it already Holds now OSCE's rotating Annual Presidency for 2017, and is due to Host a relevant Summit on December this year.


=> So that Sebastian Kurz's interestig Statements also on the need tp solve the Ukranian problem, and the Huge Prospects of an ambitious EU - Russia cooperation, from Portugal to Vladivostok, in the foreseeable Future, might Help to have some very Interesting PanEuropean Developments asap.

 

(../..)

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New PACE President Kyriakides to "EF": Trust, Russia, New Summit + Fight v. Corruption = Priorities

Written by ACM
Friday, 13 October 2017
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*Stasbourg/CoE/Angel Marcopolo/- Replying to "Eurofora"s Questions, CoE Parliamentary Assembly's New President, mainstream ChristianDemocrat/EPP MEP from the Governing Party in Cyprus, Stella Kyriakides, until now Chair of the Social, Health and Sustainable Development (i.e. Environment), Highlighted the Main Priorities for the forthcoming Months (i.e. 11 October 2017 - 23 January 2018), stressing that regaining "Trust", inside and outside PACE, would be at the Forefront :


Of course the current issue of Russian MEPs Status (Comp., f.ex. : ...), and the Preparation for a New CoE's 47 Heads of State/Government's Summit, as well as the Transition from a Czech to a Danish CoE's Chairmanship, but, Most of all, for her, it's the Need to restore Trust, and Fight efficiently against Corruption, which would be the "1st Priority", as she told us.


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 - "Eurofora", pointing at the foreseeable "Timing", observed that Kyriakides' mandate, in principle, includes up to the Opening of the January 2018 PACE Plenary, and that, meanwhile, she had just co-organized an Exceptional Joint Meeting with CoE's Committee of Ministers and Top MEPs, Yesterday, Thursday, 12 October 2017, for the First Time after Many Years, (mainly on Russia, COE's Budget and new Summit, etc), due to be Followed by various PACE Committees' meetings elsewhere, as well as from the Hand-over of the Chairmanship of CoE's Committee of Ministers, on November 15, in Strasbourg, closely followed by an Important PACE's "Standing Committee" (with Similar Powers as the Plenary) at Copenhagen, etc.


=> And we asked PACE President Kyrakides how she Plans to Deal, in that Context, wth the Most Interesting Issues that the PanEuropean Assembly has to face nowadays.


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 - "There is a lot of things on the Agenda of the (CoE Assembly's) Standing Committee in Copenhagen", she acknowledged, (considering an Agenda whose precise contents are due to be Published "Next Week", as other PACE's Officials told "Eurofora").


 + As well as "the Follow-up to the Report of Mr. Nicoletti (Chairman of the Socialist Group), is comming up", (on a CoE's New Summit, but also Dialogue between CoE's Parliamentary Assembly and CoE's Committee of Ministers, including on Russia, etc : See ...), observed the new PACE's President, speaking shortly after an important relevant Debate and Vote at CoE's Assembly, earlier this week.


- And, such moves include  "Contacts of (CoE's) Committee of Ministers with the (Parliamentary) Assembly", but also with "the Congress" (of Local/Regional Authorities, which holds its Autumn 2017 Plenary Next Week in Strasbourg), "also of comming Importance is the Court" (ECHR), "the Czechh Republic" (out-going CoE's Chairmanship during May - mid-November 2017), "Denmark" (In-comming CoE's Presidency for mid-November 2017 - May 2018), etc.


 - In particular, "for me, it's Important to Establish Trust and Cooperation, through (PACE's) Political Groups, in order to Solve Problems", (considering also the fact that, even if she's Member of the ChristianDemocrat/EPP Group, nevertheless, she had been endorsed and voted also by Key Members of the Liberal, Conservative, Socialist and Leftist Groups : See ...), but also the Current Need for a Wider PACE Majority, f.ex. as far as it concerns the issues of Russia, a New CoE's Summit, etc).

+ Also in order to strengthen, in any way, "Support for Investigations and for setting up a (relevant) Independent Body (recently scheduled) for the Fight against Corruption" (inside and outside the PACE, f.ex.by various alleged External Lobbies' Attempts to influence it by inappropriate means), she added.


- "I think that this is for me a Great Challenge", because "we (CoE's Assembly) Need to get out the Clear Message that we are Totally Opposed and Immune to that !".


- "That's why this is going to be the 1st Thing ahead", and, "as long as I have the Honour of sitting at this Seat (PACE's Presidency), I want to be even More Clear: This, for us (PACE), is a First Priority", she stressed.


 - "So, If that Moves Ahead, and Comes to an End, during my Term, I would be quite Satisfied", she concluded, in reply to "Eurofora"s Question.


+ The relevant "Time-Frame" for that purpose "was (initially) given up to the End of the Year. We will see. But I wouldn't be Surprized I they need some More Time, f.ex. another Month, or so", President Kyriakides added later-on.  


---------------------------
Short but Crucial
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  Meanwhile, as far as it concerns the Russian Issue, speaking to Strasbourg's Journalists, including "Eurofora", PACE's New President did not deny its obvious Importance, even if she declined from considering it as a landmark for her Presidency, preferring, rather, the "message" that she stated above, in reply to "Eurofora"s question, (Comp. Supra).

Indeed, Kyriakides' PACE Presidency, notoriously taking place in the contect of "an Exceptional situation", as she reminded earlier, os paradoxically, Both Short (See : ...) and Crucial, particularly on PanEuropean CoE's relations with its Biggest Member Country, Russia.
Inter alia, also for Practical reasons of Timing :


As it's well known, Moscow's Government has recently declared its intention to "Freeze" sine die the 2/3 of its Annual Financial Contribution to the CoE, (about 22 Millions €),  as long as there is No Guarantee for the Russian MEP's Rights to Vote and Participate in CoE's Assembly, (after some controversial 2014 - 2015+ PACE Resolutions which had "Freezed" most of them, on pretext of the Problems provoked inside Ukraine also by various Foreign interferences, etc, which had resulted into Threatening a new and dangerous Division of Europe).


But, that UnPrecedented Crisis, Now Extended even on CoE's Finances, threatens also to Affect about 10% of CoE's Budget, not only for the Present Year of 2017, but Even ...(in Addition) for the Next Year of 2018, for which the Budget is, normally, Decided around the "End of November" 2017, as Experienced PACE's Secretary General Sawicki confirmed to "Eurofora". Sawicki, personally, believes that the CoE could Find a Way to Handle even an eventually prolonged such Financial Problem, and this seems not far away from what CoE's Secretary General, Thornbhorn Jagland, also claimed, speaking at the PACE, earlier this week. But, obviously, it such an eventually Accumulated Loss of More than 10% + 10% of regular Revenues for the CoE would, obviously, be Not Easy to absorb, in real practice...


+ And, at the Same Moment with that Practical Financial Problem, there is also anOther, Different but also Topical, new Political Problem nowadays :


- I.e., how could the PanEuropean CoE prepare efficiently a New Heads of State/Govenrment Summit, expected for 2019, if its Biggest and a Geo-Politically, as well as Culturally Important Member Country, as Russia, stay partially or totally, more or less Excluded from having a say on such a Top Political Event, (which, Contrary to the EU, occurs Only at certain Exceptionally Important, Historic Junctures in CoE's History) ?...


=> That's why, the Fact that a Solution on that Problem affecting Russian MEPs has, according to PACE's Rules of Procedure, to be Found, at the latest, ...Before the Opening of its Next Plenary, "Winter" Session in Strasbourg, (23-27 January 2018), simply Because the Credentials of All MEPs are normally Decided at that Time, for All the Year round, (as also a Russian Diplomat confirmed to "Eurofora".

>>> In other words, in real Practice, it's, de facto, during the New PACE President, Stella Kyriakides' term of office, (11 October 2017 - 23 January 2018) that a Deal has to be brokered between Strasbourg and Moscow, in one way or another, if there is a Political Will from Both Sides to reall Solve this Problem, without wasting more precious Ressources and Time, particularly at the present Period, full of Great New Challenges in Europe and Worldwide.


In consequence, well informed PACE's Officers did Not Deny at all, Today, a possibility for the New President of CoE's Parliamentary Assembly to, eventually, Visit Moscow asap, withOut officially confirming yet, neither disclosing this or that precise Date, but promising to do so beforehand, if and when it may become possible.

During Yesterday's (Thursday, 12 November) Exceptional Joint Meeting between the CoE's Committee of Ministers and its Parliamentary Assembly's leaders, (the 1st after several Years of interruption !), well informed sources from the Inter-Governemental part, told "Eurofora" that, Despite the "Complex" Issues raised, there is a certain Mutual Wish for "Dialogue", both between Governments and MEPs, as well as between the CoE and Russia, on he Need to Try to Find an adequate Solution of the pending problems, in one way or another, for the Road Ahead.

May be even the New USA Presidency by Don Trump, could be, more or less Helpful, (particularly after also the recent, 1st Meeting between the American and Russian President, Trump and Putin, at July 2017's "G20" Summit in Hamburg, Welcomed by their Host, German Chancellor Angie Merkel : See ...). As well as Recent Developments in the Geo-Political views of New French President Emmanuel Macron, (particularly as far as it concerns the Need for a Joint Fight against Deadly Islamist Terrorism, cowardly Targetting innocent Civilian People, and to forge Peace in Syria, etc). Added, Soon, to a New German Government, headed by Experienced Chancellor Merkel, (who had practically Started her Top Diplomatic activities by a landmark Franco-Germano-Russian Summit, back on 2006, at the Historic Castle of Compiegne, near Paris, hosted by former long-time President Jacques Chirac, closely followed by a "G8" Summit with Putin and Sarkozy, etc, that she hosted in Germany on 2007 at Heiligendam, and anOther "G8" Summit, with the same, that Sarkozy hosted at Deauville on 2011 with then Russian President Medvedev, etc : Comp. "Eurofora" co-Founder's News Reports from those Compiegne, Heiligendam, and Deauville Summits, at : ... + ... + ...). Perhaps also, mutatis-mutandis, the Recent and/or Forthcoming Elections in Germany (9/2017) and Austria (10/2017), etc., as well as the Incoming Chairmanship of the EU by Bulgaria, from the 1st of January 2018, (See: ...), etc.

Meanwhile, among others, in a Different but Parallel move, informed sources from Cyprus, reportedly speculated that, by a (perhaps Helpful) coincidence, it's also the Country's President, Nicos Anastassiades, (an experienced ChristianDemocrat/EPP political leader), who might, eventually, Visit personally Russia, at some Date between Now and December 2017.

(../...)

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CoE Rule of Law Criteria include Eurofora idea on Dialogue with Citizens before important Decisions

Written by ACM
Thursday, 12 October 2017
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*Strasbourg/CoE/Angelo Marcopolo/- The Parliamentary Assembly (PACE) of the PanEuropean Organisation for Democracy, Rule of Law and Human Rights, CoE, has just decided to Start Implementing, in real life, vis a vis all States and other Public Authorities, a List of Legal "Criteria" for "Rule of Law", which includes a Core part of "Eurofora"'s project on Dialogue with Citizens before Public Decisions affecting their Lives and/or Society at large (Comp. also : http://www.eurofora.net/newsflashes/news/eucoeabdcitizensinpublicdecisionmaking.html , etc) :


This is contained in a relevant "Check-List", drafted between 2012 - 2016, and re-Published on 2017, by the Prestigious PanEuropean CoE's Top Legal Experts' body known as "Venice Commission" for "Democracy + Human Rights through Law",  currently Chaired by experienced former Long-Time CoE's Senior Officer, Jean-Claude Buqicchio, who actively participated in PACE's Debate.


PACE had invited (already from 2007) the Venice Commission's Top Legal Experts to Study the concept of "Rule of Law" (alias : "Rechts-Staat"/"Etat de Droit", etc) in Depth, and the latter Found that, despite some more or less differences, nevertheless, un "Consensus" seemed to Exist, among 47 CoE's Member States, Observers a.o., as far as it concerns its "Core Elements" :


They include not only "Legality" and "Certainty", as well as "Non-Discrimination and Equality", but also "Access to Justice", and, in particular, "Prohibition of Arbitrariness".


The latter, aiming to "Prevent Abuse (or Misuse) of Power", (aka : "Detournement de Pouvoir"), by "Public Authorities", concerns "Legal Restrictions to Discretionary Power", when "exerciced by the Executive in Administrative Action", (a Frequent Phenomenon in Modern Societies). It consists in "Mechanisms to Prevent, Correct and Sanction" any "Abuse of Discretionary Power", including the "Judicial Review of the Exercice of such Power" when it's "given to Officials".


In particular, "Public Authorities" must be "Required to Provide Adequate Reasons for their Decisions", especially "when they they Affect the Rights of Individuals". So that "the Failure to state (such) Reasons", should be "a Valid Ground for Challenging such Decisions in Courts".


This is contained in CoE's "Venice Commission" Top Legal Experts' "Rule of Law CheckList" ("Critères de l'Etat de Droit") Booklet, which was Endorsed by the Highest Political body of the PanEuropean Organisation : its Committee of Ministers and Printed 3 Times on 2016, the Use of which was, Yesterday Evening, strongly advised by CoE's Parliamentary Assembly's Legal/Human Rights Committee's new President, Ms Olena Sotnyk, (See relevant "Eurofora" Photo).


As it was clearly explained, during PACE's Plenary Debates Yesterday Evening, this concerns a set of Principles, more or less Common to All concerned Countries, but in Each of which, the Concrete Ways to Implement them, might appear to be quite Diversified, in real Practice.


In Substance, what is really Common, is that all this concerns the use of Discretionary Powers by Public Authorities (and/or "Private Actors in charge of Public Tasks"), when the take Decisions which Affect Citizens' Rights and/or Society at large. And the Scope on which Bears the Monitoring by independent Courts, is Not the concrete Content, the Conditions, and/or the Aim of a Decision, as such, But, rather, the Decision-Making Process :


- I.e., particularly its Internal, Logical aspects, as far as it concerns an "Obligation to Give Reasons", and the Reality, Legality, Pertinence or Sufficiency of such a Motivation, (including, f.ex., if it Replies Adequately, or Not, to eventual legitimate Objections with Arguments that the Affected Citizens might have raised, etc). No "Detournement de Pouvoir" or "Abuse of Power", i.e. No Misusing a Power given by the Law only for a concrete Aim, in fact, for slyly seeking to obtain another, illegitimate aim, etc.


+ At the same time, it includes relevant Key aspects of the External Procedure of a monitored decision taken by a Public Administration in order to Regulate one or another area, such as, f.ex. : To be "Debated Publicly" and "Adequately Justified", with, previously, "the Public having Access to the Draft", and "a Meaningful Opportunity to Provide Input", (as CoE's above mentioned Booklet stresses, Referring, f.ex., to relevant Official Documents of UNO's Human Rights Committee, of the OSCE, etc), i.e. at least an elementary "Procedure Contradictoire" (according also to French Administrative Law, etc), sometimes going as far as to speak also of "Citizens' participation in the conduct of Public Affairs, by exerting Influence through Public Debate" (UNHRC, 1996).


++ But also the Absence of Excessive Dis-Proportionality between the Measure taken by a Public Authority, compared to its Legal Aim, and the way it Affects the Citizens. An Estimation of the Impact of a planed Measure to Citizens' Rights, Compared to the General Interest Benefits expected from it, in order to "allow to strike a Fair Balance, between the various conflicting Interests at stake", (ECHR). At least, withOut any "Erreur Manifeste d' Appreciation" about that, (in French Administrative Courts' case-law),  according to the usual denominations of relevant Judicial Monitoring on Public Administration's Decisions, in the real practice of several CoE's Member States, even of ECHR itself (on 2 out of those 3 points).


(Such Legal points have been extensively Analyzed by "Eurofora" Co-Founder's original Comparative Law University Research, already Started as Early as since 1980 -with a 1.000 pages-long Report, presented² by Strasbourg's Faculty of Law for a Prize awarded to PhD. Thesis, after written proposal by Paris II Universiy Professor Paul Amselek. But also more Recently, Since an active Participation in a landmark 2012 Scientific Colloquy at Strasbourg University, in cooperation with those of Rennes, Paris II, including a Report on a relevant Environmental Impact Committee's Public Debates with Citizens, set up by Michel Barnier when he was Minister, etc).


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    + The Fact that such a Legal Structure of Relations between Citizens and Public Administrations is considered by the CoE as corresponding widely to a certain Level of Development in Modern Democratic Societies in general, throughout the whole World, and Not Only in Europe, became Obvious, inter alia, also by the inclusion, among the 9 Top Legal Experts on the basis of whose "Comments" CoE's Venice Commission adopted this "Rule of Law CheckList", also of a Member from the USA. While, in Addition, Yesterday's PACE's relevant Debate in Strasbourg included also Representatives from Morocco up to Canada and Other Non-European Countries. Moreover, in a Resolution Voted and Adopted at the Conclusion of Yesterday's Debate, PACE clearly Asks all Venice Commission's "Member and (even) Observer States", (several among which, notoriously are located also in Other Continents accross the World), to "actively ...Defend and Promote" this "Rule of Law Checklist", them too.


    >>> However, the Most Important Decision taken Now by CoE's 47Member States-strong, PanEuropean Parliamentary Assembly , obviously is that this adopted 2017 Resolution, not only "Endorses" the "Rule of Law CheckList", but, Moreover, it also goes on to Add even its intention, for the 1st Time, to Start "Us(ing) it Systematically" , "particularly" ... in order to accurately Identify any structural and systemic (Legal) Problems in CoE's Member-States", whenever the Situations existing in them are checked by PACE's competent "Committees" on "Legal/Human Rights" affairs and/or its "Monitoring Committee", "on the Honouring of Obligations and Commitments by Member States".


    => I.e., in other words, it's as if PACE clearly and explicitly Decided, Now, in real Practice, to Start Using, at least from October 2017 onwards, that Venice Commission's "Rule of Law CheckList", (including the Above-Mentioned Key Legal Points), as if it had become a Legally Binding set of Rules nowadays !


    + For that purpose, PACE's Resolution also "invite(s)", Now, All "the National Parliaments and Government bodies", as well as "CoE's Secretary General", to "Systematically" "Refer" to, and/or "take into Account" that same "Rule of Law CheckList"'s Criteria, whenever the First have to work on various National "Reforms", or the Latter to make his "Annual Report on the Situation of Democracy, Human Rights and the Rule of Law in Europe", (as he Already Started to do so, from 2017).


    >>> And, since, now, that "Rule of Law CheckList"'s "Criteria" have been Officially Adopted, Both by CoE's Parliamentary Assembly, and Secretary General, from 2017, (Comp. Supra), as they were Also Endorsed, from 2016, by CoE's inter-Governemental Committee of Ministers, following "Venice Committee"'s Independent Top Legal Experts on Constitutional Law, and Joined even by CoE's Congress of Local and Regional Authorities, etc, then, it concerns, practically, All Levels of Government : Local, Regional and National.


    ++ Furthermore, Advancing even anOher, Important Step towards "Eurofora"s Project, for Dialogue between Citizens and EU Institutions (including EU Parliament, etc) Before important Decisions are taken which seriously Affect their Lives and/or Society at large, CoE's PanEuropean Organisation for Democracy, Human Rights and Rule of Law's Parliamentary Assembly, (PACE), also Decided Now, to "invite" even "International and Regional Organisations, including ...the EU, to refer regularly to the Rule of Law Checklist" in their "work", as that Adopted Resolution adds.


    Already, Experienced former Twice EU Ombudsman/Citizens' Defendor, Headquartered in Strasbourg, Professor Diamantouros had told "Eurofora" in the recent Past, that, After the Entry into Force of EU's Lisbon Treaty (2010+), his Intention to Start Using its General Clause (contained in EU's "Charter of Fundamental Rights") about "Good Administration", in order to Check EU Decisions' legality also from the Precise point of view highighted by "Eurofora" above, (Comp. f.ex.: ...).


    And, Nowadays, even the Booklet with CoE's "Venice Commission"'s "Rule of Law CheckList", Published on 2016, (Comp. Supra), explicitly Refers to relevant "selected Standards", contained, f.ex., as far as "Hard Law" is concerned, also to "EU's Charter of Fundamental Rights (2009)", UNO's International Convent on Civil and Political Rights (1966), etc., and, as far as "Soft Law" is concerned, also to "EU Commission's Communication to EU Parliament and Council on "a New EU Framework, to Strengthen the Rule of Law" (2014), EU Council's Conclusions "on Fundamental Rights and Rule of Law, and on Commission's 2012 Report on the Application of EU's Charter of Fundamental Rights (2013)", as well as to the "EU Accession Criteria" ("Copenhagen Criteria"), etc. But also to OSCE's Copenhagen Conference "on the Human Dimension" (1989), as well as its Follow-up with a Similar "Moscow meeting Document" (1991), and OSCE's "Decision No. 7/08" about "Further Strengthening the Rule of Law in the OSCE Area (2008)". Concerning, particularly, "Eurofora"s Specific Viewpoint (Comp. Supra), CoE's "Rule of Law Checklist" refers, about "Preventioon of Abuse of Power", also to the "UN International Convenant on Civil and Political Rights' (1966) Article 17, about "Interference with Freedoms", as well as in Thematic UNO's Texts about "Migrants and their Families (1990)", "the Rights of the Child (1989)", etc., and even to "CoE's Committee of Ministers : "The CoE and the Rule of Law" (2008), UNO's "Universal Declaration of Human Rights (1948), Articles 9, 12, 17", etc.


    Naturally, such Texts could also Inspire, in the foreseeable Future, EU's Court of Justice, at nearby Luxemburg, in parallel with ECHR in Strasbourg, at their respective Case-Law.

 

    => Therefore, PACE's Resolution, adopted Yesterday Evening, significantly Concludes by "Encourag(ing) Civil Society to Use the <<Rule of Law CheckList>>", in order to "objectively Assess Respect for the Rule of Law" in real, Everyday Practice.  

 
    >>>  - "It's one of the Most Important Pieces of Work we have Ever done !", stressed with Emphasis, Yesterday Evening, the experienced President of the PanEuropean Commission for Democracy through Law, (alias CoE's "Venice Commission")


    - Indeed, "the Rule of Law is Not Abstract, any more : We have just a Small Book", which, "in Reality, it's very Precious !", echoed further PACE's new Chair of its Legal/Human Rights Committee, MEP Olena  Sotnyk, concluding a long Debate.   

 

pace_legalhr_committee_new_president_mep_sotnuk_brandishing_venice_commissions_rule_of_law_checklist_booklet_eurofora_400


     She was proudly Brandishing a Copy of that Booklet as if it was, mutatis-mutandis, somehing like the World-Famous ...Mao's little "Red-Book", notoriously used by Millions of People, during China's "Cultural Revolution", back in the 1960ies ...

 
    => Could, indeed, CoE be Launching, now, its own, Legal, and brand New, peaceful "Cultural Revolution" ?

 

mao__people_on_1966_at_tien_an_men_square_photo_in_german_exhibition_of_2017__eurofora_screenshot_400

Mao + People brandishing the "Red Book", on 1966, at Tien an men Square, (Photo in Historic German Exhibition of 2017, covered by N-TV)

 

 

(../..)

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


Ukraine's Poroshenko +PACE Chair Kyriakides (Cyprus): No Credentials+No Dialogue during Occupation ?

Written by ACM
Wednesday, 11 October 2017
 poroshenko__agg_eurofora_400_01

*Strasbourg/CoE/Angelo Marcopolo/- Despite the Kind Words between them, when Hard Facts were discussd with MEPs, the exchanges between Ukranian President Petro Poroschenko and CoE Assembly's (PACE) New President Stella Kyriakides, ChristianDemocrar/EPP MEP from Cyprus, took a Syrrealistic look, when it came to the obvious Question on What Progress was made for Peace between his 1st Official Visit to Strasbourg, back on June 2014, which had raised many Hopes (See, f.ex.: http://www.eurofora.net/newsflashes/news/coevenicecommissiononukranianpresidentreforms.html , http://www.eurofora.net/newsflashes/news/coeandpoliticaldialogueinukraine.html , etc), and Today, on October 2017, with a quite more "Gray" situation, even if a Partial Implementation of the 2015 Minsk Agreements, seems to have been, meanwhile, a main cause for having avoided an escalation, in a still very Delicate situation, and a "Bumpy" but evolving Internal Reforms' process is on its way :

 

pace_kyriakides__poroshenko_eurofora_400


 - Indeed, "at the time of your visit in 2014, Ukraine found itself in a profound Crisis, with a huge strain on the Ukrainian People and the Stability of the European continent. We hoped that the Next time you came we could celebrate the End of the crisis, But that is Unfortunately Not the case". However, "You came to us, at that time, with a strong Message : that it is only through Peaceful Dialogue that the conflict in Ukraine can be reSolved", reminded PACE's President.


 - "We (PACE) welcomed your approach and made it clear that the Assembly would keep Ukraine high on its Agenda. As you know, we have firmly supported and continue to support Ukraine’s Territorial Integrity and Sovereignty", as well as, "addressed in various Resolutions some of the most urgent Political and Humanitarian consequences of the conflict". + In Parallel, "at the same time, we have also insisted on the need to advance the Internal Reform agenda".


 - "Even if the Status of parts of Ukraine Not under the Government’s Control canNot be reSolved at This Moment", as noted Kyriakides, (Despite the fact that, as Poroshenko said Later, "several million people, ... now live in a Disastrous Humanitarian condition, ...level of Unemployment, ...conditions for the elderly, ...Limited access for children to Education", but "Poverty", in the pro-Autonomy Regions of Donetsk/Luhansk, which didN't yet got a Legal Status promised by Misk Agreement), the Ukranian President has "put in place" an "Ambitious Reform Agenda", where some "Progress" was "Achieved", on a "Positive Path".


- "Encouraging" him to "Devote even Greated Energy" also on "Other Urgent Reforms", such as "DeCentralisation" (Comp. Supra), "Fight against Corruption", and "Education", etc., she evoked also the fothcoming "Recommendations ...from the Assembly Tomorrow (Thursday) following the urgent Debate on the new Ukrainian Law on Education, (i.e., particularly, Minority Languages : Hungarian, Polish, Russian, etc).


=> Thus, "We (PACE's MEPs) Now look forward to hearing Your (2017) Message to us", she invited.


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

poroshenko_in_plenary_pace_eurofora_screenshot_400


 - Poroshenko, after "Congratulating" her for the "Election" as CoE Assembly's President, said that he was "Glad that this Event has practically Coincided with (his) Visit", because it's a rare, but "Timely", "Symbolic Juncture" :


- Particularly, as far as it concerns "protecting the Principles upon which this (CoE's) Assembly is founded", about which, "there is No place for Compromise",  "especially with those who, by all means", damage the "Values ... upon which we build our Cooperation", as he Criticized from the outset.


---------------------------------------
CREDENTIALS
---------------------------------------------------

=> - In particular, CoE's PanEuropean "Assembly, rightly reserved the right Not to renew the Credentials of the Russian Delegation, if Russia Continues its (Military) Occupation", Poroshenko pointed out, in his main Speech, at his own initiative, from the outset.

--------------------------------------------
POLITICAL PROCESS
------------------------------------------------------

+ Moreover, Replying, afterwards, to MEPs' Questions, he also stressed that "what is Standing in the Way of a Political Solution", (as German MEP Barnett asked, on behalf of the Socialist Group), is the still unfullfiled "WithDrawal of all the Foreign Troops, including Russian Troops", from the Occupied Territory", as he called it :


 - "Can you Imagine any Political Process taking place when we have Occupying Troops in the Donbass ? Can you Imagine any Election meeting ...Democratic Standards Under the Occupation ...?", Poroshenko wondered, as he sees things, particularly in the pro-Autonomist Donetsk/Luhansk Regions.

------------------------------------
REFERENDUM
-----------------------------------------

 

 

+ As for a Suggestion, by British MEP Miss Gilland, on behalf of the Conservatives, to hold a New "Referendum in Crimea, with three choices : to Stay with Ukraine, to stay with Russia, or to be semi-Independent, under UN supervision", Poroshenko replied that he was "Ready to Accept Anything which is Adequate for the Ukranian Constitution".


 - "But, Before we Talk about Anything (sic), Crimea should be Returned to Ukranian Sovereignity", he asked. Since, Otherwise, "it will be Impossible, because it is under Occupation". F.ex., "Can you Imagine a Referendum in the Czech SudetenLand in 1938 ? This is the Same", he claimed : "It is Impossible to hold a Referendum under the Barrels of Russian Tanks. I would Not be a Referendum, and would have Nothing to do with Democracy", as Porosenko presented things.

------------------------------
DIALOGUE :
----------------------------------------

+ The "Hottest" came, however, at the Conclusion : Dutch Senator Cox, on behalf of the Leftist Group, observed that "in 2014", the Ukranian President "said to this (CoE's) Assembly that the Only way out of the crisis in Ukraine was via Peaceful Dialogue". But, "it is Now October 2017 and still the peaceful Dialogue with the Citizens in the East of your country (still) Has to Start", he observed Critically.


 - "You put the Blame on the Russian Federation, and they bear a huge responsibility, but Where is Your Responsibility to finally do what you Promised : to Start a peaceful Dialogue with the (Dissident) Citizens of your country, (i.e. the pro-Autonomy Donetsk/Luhansk Regions), to find an end to this horrible crisis ?", Cox asked.  

>>> - "Can you imagine Any Dialogue with the Occupied Territory (of pro-Autonomy Regions of Donetsk/Luhansk) ? "The only Pre-Condition for that Dialogue is the Withdrawal of Russian Troops", sharply replied Poroshenko...

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

 - "Thanking" the Ukranian President for "UpDating ... on the ... (Internal) Reforms", and for the "very Important" "Views" he expressed "on the Way forward for a Peaceful Settlement of the conflict in Donbass", PACE's new President resumed that, "For there to be Peace, stability and respect for Human Rights, Violence and Fighting must Stop. It is, therefore, very important to ensure Full implementation of the Minsk Agreement", Kyriakides briefly Concluded, (as expected, pointing at a Series of reciprocal Moves, that Both Sides have Not really made yet, according to an approximative Time-Table, which needs re-visiting : Comp. http://www.eurofora.net/newsflashes/news/fulltextsofallukraineagreements.html ).

------------------------------
... and TURKEY ?...
-----------------------------------

 One thing is certain : - If Turkish Prime Minister Erdogan read these exchanges, he would probably wish that the new PACE President would better inspire Poroshenko, more than he might have inspired her, (a Cyprus'  MEP) ...


Why ? Simply Because

(taken in the Order that all these Points were presented earlier, as really evoked):  

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



- Cyprus does Not ask from CoE's Assembly to Refuse the ReNewal of "Credentials" to the "Turkish Delegation", "if Ankara Continues its (Military) Occupation" at the Northern part of the Island, (Contrary to what had just Asked the Ukranian President against Russian MEPs, (Comp. Supra).


And that, Even if Turkey's Military Invasion and Ocupation of Cyprus has been, and still is, Obvious and Undeniable, (as well as Denounced several times by UN Security Council's Resolutions, as well as EU Parliament's and COE's early Resolutions who have Asked for Ankara's Troops' Withdrawal. While, on the Contrary, Poroshenko's claims about alleged Russian Troops in the Donbass, are firmly Contested by Moscow, and Not Obvious, (except, perhaps, from some Private Individual "Volunteers", from various Countries, and/or "Humanitarian" Aid from Russia, etc).


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


- Cyprus Never said that "Any Political (Peace) Process" for a Solution to the problem in the island, would be Impossible, as long as Turkish "Occupying Troops" still are at the Norhern Part of the Country, as Poroshenko just did, as far as "Donbass" region is concerned, and alleged Russian troops, (Comp. Supra).

 

On the Contrary, Cyprus' Government has been notoriously holding Peace Talks, under UN Auspices, in order to Find a Political Solution for the ReUnification of the Island, Both with representatives of the Turkish Cyprits pushed by Ankara to gather at the Territories obviously Invaded and Occupied by Turkey's Army at the Northern Part of the Island (since 1974), and, Recently, with Ankara's Government itself, (at a Multilateral "Conference" which opened at nearby Switzerland from 2016-2017).


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


- Cyprus Never said offiially that it would be "Impossible to hold a Referendum" in the Territories of the Island which are "Under Occupation" by the Turkish "tanks", etc., Contrary to what Poroshenko just said, concerning Crimea (comp. supra). In fact, UNO's Peace Talks on Cyprus routinely foresaw Referenda also in the Occupied Territories controlled by Ankara's Military, (whenever a Political Deal might have been reached by representatives to UN-sponsored Talks).


Therefore, Cyprus Never Asked for the Occupied Territories to be, "Before we Talk about Anything", "Returned to [Cyprus'] Sovereignity", Contrary to the Ukranian President's claim (Comp. Supra).


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

 Cyprus Never put as "PreCondition" to "Any Dialogue" (with "the Occupied Territory"), the previous "Withdrawal of [Turkish] Troops" from Ankara, which have Obviously Invaded and are still Occupying the Northern Part of the Island.


Contrary to what Poroshenko just asked, in relation to what he Finds to be "Russian Troops" in the Donbass, as he claimed, (Comp. Supra).

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

Naturally, each Sovereign Country is, in principle, Free (under its own Responsibility) to Ask Whatever it Wants, for the "Credentials" of Other Countries' Delegations at the PACE, in order to participate at a "Peaceful Political Process", for "Referenda" in one or another Territory, and/or for "Dialogue", etc.


But these Crystal-clear Differences, had to be presented, in order to Avoid any Risk of Confusion, and for Mutual Reflexions in the foreseeable Future.


As well as in order to Dissipate any eventual Double Standards.

                                            

But, notoriously, a recent visit of Erdogan to Kiev, earlier this Month, didn't help at all to keep always Awake and alert an Open Eye on delicate Facts...


                                                                                 e__p...._400                                                                                                                                                                                                                                                                                                                                                         

 


(../..)

 

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