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Αρχική arrow newsitems arrow CFE Council/Commission/Parliament Chairs on EF's Dialogue with Citizens on Acts: Debate or Muzzle ?

CFE Council/Commission/Parliament Chairs on EF's Dialogue with Citizens on Acts: Debate or Muzzle ?

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Saturday, 23 October 2021
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*Strasbourg/EU Parliament/Angelo Marcopolo/- For the 1st Time reacting All Together to EU Citizens' initial Proposals, in the Conference on Europe's Future, the 3 Co-Chairs, Top Representatives of EU Council, Commission and Parliament, (Dovzan, Suica and Verhofstadt), in a Joint Press Conference at EU Parliament in Strasbourg,

Replying to a relevant "Eurofora"s Question on the Eventual Creation of fully-fledged Citizens' new "Right to Dialogue" with EU Decision-Makers, Before Measures Affecting their Lives and/or Society,

=> Welcomed, in Principle, "New Creativity" from EU Citizens, just After Warning for "Intensified" Moves asap, and/or suggested "to Put it into" Public "Debate(s)", in order "To See the Outcome".

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* -Eurofora" observed from the outset: : - "All of you Three, Stressed the Role of Citizens in the EU Decision-Making process : EU Commission's vice-President Suica speaking about an eventual role in the "Drafing" of EU Measures : EU Parliament's Coordinator, Vehofstadt, speaking about a "Permanent" dimension, in one way or another, and the EU Council's President-in-office, Slovenian Minister of European affairs, Dovzan, speaking about "Diversity".

=> But, Do you think that European People could legitimately Dream to join all the 3 points that You evoked, and More, in ordert to Invent a Mechanism of a kind of soft buit real "Dialogue" Between EU Citizens and EU Decision-Makers, Before important Decisions Affecting their Lives and/or Society at large, (naturaly in an Adequate way, Protecting the Efficiency of EU Decision-Making, whenever necessary) ?

Such a Proposal has Already been Registered at the Official Internet Platform of the Conference on Europe's Future on 2021 (Since the Day of CFE's 1st Plenary: http://www.eurofora.net/newsflashes/news/euroforaprojectpublishedateuconference.html , at: https://futureu.europa.eu/processes/Democracy/f/6/proposals/32770 ), and, among others, has been Endorsed Also by a 2 Days-Long Public Conference of Citizens organized by the Euro-Metropole of Strasbourg, (in the framework of French President Macron's "Great Debate" 2019, as well as Included in the relevant Official Report to the French Government : See http://www.eurofora.net/newsflashes/news/euroforaideasendorsedbystrasbourggreatdebate.html, etc), its Key Parts were Backed "also Elsewhere", f.ex. in Two 2021 Resolutions Adopted by EU Parliament (See: http://www.eurofora.net/newsflashes/news/euparliamentoneuroforaproject.html), after CoE's Assembly (See: ..), and Discussed with Many EU or CoE Top Officials, (while it's even known that, according to Philosopher Platon, describing his famous "Socratic Dialogues", it's the Best Instrument for Finding the Truth).... There are Legal Tools, in this direction, in most EU Member States, and some Relevant Elements even in the existing EU "Lisbon" Treaty", we reminded, (See: http://www.eurofora.net/newsflashes/news/euparliamentonombudsmanandeurofora.html, etc, in relation to which We Positively Discussed "Eurofora"s Project with EU Ombudswoman Emily O'Reilly and French President Emmanuel Macron, who Both Encouraged it : http://www.eurofora.net/newsflashes/news/euombudsmanoneurofforaproject.html + http://www.eurofora.net/newsflashes/news/macronforcitizensdebatesalsoafter2019.html, etc.).

Inter alia, "Eurofora" has Also, more or less Discussed that Project with a lot of Key EU or CoE Top Politicians, during Many Years, including, practicaly including All EU Parliament's Presidents, as the current, David Sassoli, etc., both in Brussels and in Strasbourg, (See, f.ex. : http://www.eurofora.net/newsflashes/news/euparliamentpresidentforstrongcitizenvoices.html + http://www.eurofora.net/newsflashes/news/euparliamentoncitizensforeufuture.html).

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**=> EUCouncil President in Office, Slovenian Minister of European affairs, Dovzan's reply, to "Eurofora"'s Question pppeared quite Dynamic, (particularly at its Concluding Suggestion) : 

- "I think that EU is a Multi-Level Governance System, at a Local, Regional, National, and Supra-National levels, and in All Levels we have to Invest Efforts.

But in the EU Level, we have also a multiLingual Platform System, that Allows us to Integrate Ideas.

The (EU) Commission also has a practice to Discuss Ideas and the new Legislation proposed, with Stake-Holders and, let's say : Citizens.

But, We (CFE) can also put it on a Debate,  and We shall See what the Final Outcome would be"...

=> There are, Certainly, Ways to Improve the Existing Mechanisms, that we (EU) Already have".

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*** Surprisingly,  EUCommission Vice-President, in charge of Democracy, Suica's reply to "Eurofora" was quite Different:

- "We caN't preempt the Conclusions : As we said, We are Trying to Listen, to See what Citizens Ask from Us".

-"But, Also, as Mr Dovzan said, the EU Commission has Mechanisms, we have like "Citizens' Initiative", or "Have Your Say", different "Public Consultations", (etc),

- "So that "We are in Constant Dialogue with Citizens", she Claimed.

+ "Our MEPs are Also in Dialogue with their Constituents, also National Parliamentarians", etc. So, we have Contacts'.

=> "But, Now, we are Trying to EmPower outselves with the Ideas, the New Creativity of our Citizens. This is something Completely New".

- "But, Let's See What the End of these Deliberations show", (she apparently Reserved her Final appreciation for Later-on).

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But if some had, eventualy, made Sucia claim that "Eurofora"s Project would not bring something realy New for Citizens' Rights, then, such a Misundesrstanding would be a series of Blatant Errors !

- First of all, Obviously, "Have Your Say", and "Citizens' Consultations", are Mere "Consultations", and Not at all a Real "Dialogue" !

F.ex., inter alia, they doN't include at all any EU Citizens' Right to ask a Judge to Control whether EU Commission really Replied to All their legitimate Critical Observations, if it did so Sufficiently, based on Real Facts, and/or Valid Legal Arguments, concerning a Proportionate Measure, aiming to reach a Legal Aim of General Interest, Oherwise Cancelling it, if it did Not. (While, on the Contrary, in accordance with "Eurofora"s published Proposal, An Affected EU Citizen would have been given such a Right to immediately Trigger such a Judicial Control, on any or All of those 7 Points)...

+ As for the UnFortunate "Citizens' Initiative", foreseen by EU's Lisbon Treaty, But Notoriously "Killed", in real Practice, until now, by an Excessively Restrictive and Heavy Reglementation by EU Commission, (initialy endorsed by a Majority in an Old EU Parliament, in the Past), ..

>>> Indeed, those EU Commission's Excessively Heavy PreConditions agains the ECI, had More Bureaucratic Obstacles than ...the Dust from a Big Icelandish Volcano which had Notoriously Downed almost all European Airplanes, by a Coincidence, that Same Day of 2010, (as "Eurofora" Timely and systematicaly had Reminded in All Questions we raised, then, to All Press-Conferences organized by EU Parliament's Political Parties :See ... + http://www.eurofora.net/newsflashes/news/lellouchvolcanoashclouds.html + ... , etc) !

Only an Original, Ground-Braking Cooperation between EU Citizens and MEPs, (practicaly giving to the latter a still Lacking "Legislative Initiative"), as Proposed by "Eurofora" already since 2020, (See: http://www.eurofora.net/newsflashes/news/mepdurandeuroforaonfutureconf.html + http://www.eurofora.net/newsflashes/news/mepdurandeuroforaonfutureconf.html, etc), might Help Bypass the current Deadlock of ECI.

=> The Inevitable Consequence was to Practicaly Undermine that "Citizens' Initiative" tool of Lisbon Treaty, Resulting in a Spectacular Deadlock, Often Denounced by Many People and EU Politicians, until recently, to the poin that such a Scandalous situation made Even the EU Parliament itself to lately Ask on 2021 for a Necessary Change, in order to Make, at last, the ECI more Accessible to real Citizens' concerns in the foreseable Future, (See : http://www.eurofora.net/newsflashes/news/euparliamentoneuroforaproject.html , etc)...

But, Until Now, the Only attempt to Ameliorate, a Little bit, that "Citizens' Initiative"'s Scandalously Restrictive regime, was a Concrete Proposal, (initialy made by "Eurofora"s co-Founder, to EU Parliament's Historic Rapporteur on that issue, French MEP and former EU Affairs Minister, Alain Lamassure, who had Accepted to finaly include it in his Draft Report then), to, at least, let the Authors Participate in a Debate with MEPs inside EU Parliament, (which does Not engage them in Anything, remaining a Simply "Moral" or Symbolic move, withOut Any Legislative or Other Consequence, at least for the Time being)... [See f.ex. Lamassoure's and EU Commissioner Cefcovic's relevant Replies to "Eurofora"s Questions at the Key Press-Conference on ECI's imminent, then, creation, Back on 2010, at : http://www.eurofora.net/newsflashes/news/debatesincitizensinitiatives.html ].

=> Therefore, many converging Crystal-clear and Verifiable Facts prove that, Obviously, Miss Suica's "Experts" on such kind of Issues, Failed her, and MisLed her too much, with False Appearances and Blatant Erroneous and Unsubstantiated Claims about a so-called "pre-existing" EU Citizens' Right of "Dialogue" with EU Decision-Makers Before Decisions affecting their Lives or Society (Comp. Supra), which, in fact, does Not Exist yet...

>>>  Such a Misunderstanding would, indeed, be considered as an illegal act, due to be Cancelled by a Judge, according to "Eurofora"s proposed Legal Mechanism, for at least ... Five (5) Reasons :

 (1)"InSufficient Motivation" : It doesN't take into account the Fact that Individual EU Citizens and Groups of Less than 1 Million (sic !), or Not meeting those Numerous Bureaucratic Conditions imposed by Brussels, (Comp. Supra), do Not have Yet, Nowadays, the Rights that "Eurofora"s Project would give them, for the 1st Time. (In this regard, the Blatant Censorship of "Eurofora"s registered Proposal, at those "Reports" prepared by some Anonymous Bureaucrats Misrepresenting what Really Exists in CoFoE's Web Platform - Contrary to Explicit Links at Many Other, even Caricatural, Hasty claims- speaks for itself for a blatant Discrimination by some, apparently AFraid of Ideas able to Bring Real and Far-Reaching Modern Democratic Changes)...

 (2) "Non-Existent Fact" : Neither "Have your Say", "Consultations", nor "ECI", do Not include EU Institutions' Obligation to give to the Affected Citizens a full and Sufficient Motivation Justifying Why they might Refuse to Stop a planned Measure, by Replying, point by point, to All Citizens' relevant Arguments and Facts, cited in Support of their Opposition, (Contrary to what Suica's above-mentioned Claim obviously implies).

 (3)"Legal Error" : Nothing in "Have Your Say", "Consultations", or "ECI" does Not Give, to each EU Citizen Affected by a planned EU Measure, a Legal Right Equal to that proposed by "Eurofora"s Project, (placed under the Control of a Judge, able to Cancel such an EU Institution's Act, for having followed an Irregular Process of Decision-Making).

 (4) Neither a "Prportionality" Control, Nor for an eventual "Obvious Error of Appreciation", do Not Accompagny Miss Suica's cases of Simple "Consultations", "Have your Say", or "ECI" pre-existing Old Tools, while, on the Contrary, Judges usually Check such Issues in the cases concerned by "Eurofora" Project's Judicial Control of Public Administration Acts... (See, f.ex, "Eurofora" co-Founder's more than 1.000 pages relevant Original Legal Research on Comparative Law, proposed by Strasbourg's Faculty of Law for a Prize awarded to PhD Thesis, after a written proposal by Paris II University Professor Paul Amselek).

 (5) "Detournement de Pouvoir" (French Legal term) : By Falsely Claiming that "Eurofora"s Project would Not Bring Anything really New (sic !), in fact, such a Misconception looks as an Attempt to Muzzle, on the Contrary, a very Far-Reaching Proposal, considerably Strengthening EU Citizens' Democratic Rights in Modern Society...

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>>> At any case, if there might be any kind of Doubt to anyone involved, Why Not Follow the Advise just Given by EU Council's President-in-office, European Affairs Minister Gasper Dovzan, in Conclusion of his Interesting Reply, against any eventual Attempt to Muzzle "Eurofora"'s above-mentioned Query, about the Creation of a brand New EU Citizens' Right to such a "Dialogue": 

- I.e. to Simply Launch a specific EU "Debate" on that Issue, "and See What the Final Outcome would be" (Comp. Supra) ? 

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+ By the way, didn't EU Parliament's Coordinator on CFE, Guy Verhofstadt, just Stress, shortly Earlier, that he Expects for Action around EU Citizens' Proposals, (as Also that of "Eurofora"), to Soon "Intensify", during the Next few Months ?...

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=> The overall and Sharp Tone of Several "Hot" Interventions, by Various Actors, (Participating Citizens' Ambassadors, MEPs, NGOs, Local-Regional Representatives, Social Partners, etc) during Today's Afternoon 2nd Plenary of the CFE, dealing with Citizens' Ideas at the Web Platform, (i.e. Including that of "Eurofora"s registered Proposal, with More than 750 Followers), gave a Vivid Impression that Many European People really Wished a Change towards such Novel and Modern Democratic Tools, in EU-Citizens relations Nowadays !

 

(../..)

 

("Draft-News")

 

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People in Europe and the World expect from CoE to make a succes of its "Monitoring" for Human Rights and Democracy, despite difficulties, said Finland's President Tarja Halonen to "EuroFora" at a crucial moment for the mecanism built 15 years ago by the paneuropean organization which celebrates its 60th Anniversary in 2009.

Halonen, known as "Mother" of CoE's "Monitoring" mecanism, a long-time MEP and former Foreign Minister before becoming Finland's President, holds a long experience in the mattter, after also serving twice as CoE and EU Chairwoman in the past. That's why she is well placed to judge how CoE's "monitoring" should deal today with some crucial issues of importance both to CoE and to the EU.

The move came just a Month before a crucial, last visit to Turkey, scheduled for June, by the President of CoE''s "Monitoring" Committee, Ukranian MEP Serge Holovaty, to finalize his Report on Ankara, the CoE Member State with the longest Monitoring procedure. From its results depends its overall credibility.

This is a Test-case, because, in fact, it's in order to avoid Sanctions threatened against Turkey by a CoE's Assembly's April 1995 Resolution for grave Human Rights violations, Democracy gaps, the continuing Military Occupation in Cyprus, the unresolved Kurdish problem, Aegean differend with Greece, etc., that MEPs decided to create, for the 1st time on April 1996, a "Monitoring" proces, allegedly destinated to check, without excluding Countries who did not fulfill all CoE's standards.

In the Past, the obliged withdrawal of Greece's Military regime and of its "Civil" cover-up out of the CoE had helped bring back Democracy in 1974. But, on the contrary, since April 1996, the idea was to "monitor" Human Rights' respect while keeping most concerned Countries inside the CoE. After Turkey's oldest example, this was extended also to several former "Eastern" European Countries, even if CoE's Assembly has imposed to some of them (fex. Ukraine, Russia, etc., after Belarus, Serbia, etc) various "Sanctions", that Ankara always avoided. Curiously more succesful even than .. USA itself, (a CoE "Observer" since 1995), which has been at least threatened with sanctions some years ago..

EU-effects of CoE's Monitoring process became obvious between 2001-2008, since the "closure" of this procedure, when CoE felt that a Country had met most of its Human Rights, Democracy and Rule of Law obligations, (i.e. the "Copenhagen Criteria" for the EU), helped trigger Negotiations with the EU for "Accession" or other closer relations : This occured already before the 2004 and 2007 EU Enlargements to former "Eastern" European Countries, as well as for the commencement of "accession" negotiations with Croatia, and of "open-ended" negotiations with Turkey in 2005.

    But a stricking new development are Holovaty's recent findings that on core Human Rights issues as Torture and Freedom of Expression, Turkey, even "5 Years after" CoE closed its "Monitoring", back in 2004, inciting EU to start accession Negotiations in 2005, still presents grave problems.

    His findings are of crucial importance after a 2008 CoE Resolution called, "if need be", to "seriously consider the possibility of Re-Opening the Monitoring procedure for Turkey" : A move which might affect Ankara's controversial EU bid, since EU Accession Negotiations are based on the Hypothesis that the Candidate fullfils the "Copenhagen Criteria" (See above)..
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    Holovaty expressed his will to check  "Matters still Outstanding" and  those that he "didn't have an opportunity to discuss" at an earlier visit this year, "in order to discuss the more complex issues in greater depth", at his forthcoming New Visit to Ankara, before the December 2009 EU Summit.  This is all based on the 2004 CoE Resolution which stresses that, CoE "will continue.. post-monitoring Dialogue with the Turkish authorities,...in addition to a 12-points list,..and on any Other Matter that might arise in connection with Turkey’s Obligations as a CoE member state".

    CoE's Resolution also asks  from Turkey "to secure the proper Implementation of Judgements, particularly in the Cyprus v. Turkey InterState case", of 2001, which concerns also the plight of many Hundreds of MISSING People. It adds Turkey's obligations to "execute" ECHR's Judgements in the Loizidou case,..and in particular adopt General Measures to avoid repetition or continuation of Violations found by the Court" to the detriment of Refugees.

    Nevertheless, Holovaty said to "EuroFora" that "MISSING" persons,"might be included" and cannot be excluded, but he has yet to examine the situation "to find out  which issues will be raised" to the Turkish Government.

    Therefore, "EuroFora" asked Halonen, as the Historic "Mother" of CoE's Monitoring mecanism, if she thought that, "whenever there are grave Human Rights Violations, as fex. "MISSING" persons, attested even by ECHR's judgements, they should be always checked by a Monitoring process. Or could they be forgotten ?"
    
     - "We (CoE) must be, at the same time, Fair, Realistic, but not in the mind that "now we have Forgotten", etc., replied to "EuroFora"'s question Halonen, speaking as a matter of general principle.

    - "When we think of those People that are suffering from the lack of Democracy, of Human Rights, and of the Rule of Law", "we should find a base on how to deal with the (Monitoring) system more rapidly"', she stressed.

    - "Sometimes it's very difficult to combine Transparency and Effectivenes together, particularly in this specific case", she went on to say. But, "I have not found a (CoE Member) Country who could be insensitive in this sens", Halonen answered concerning grave Human Rights violations attested by the ECHR.

    - "I have no ready-made answer. I have the expectations that you, in the CoE, will, step by step, find the different types of the monitoring systems."

    Also "because this is a part of the UN's Post-Conflict system, (fex. when it comes to Cyprus' MISSING persons), and it's a more Global system". So that, "If we make a succes in Europe, the others will follow", throughout the World.  "But they expect that we (Europe) are this opportunity, this Opportunity to make a Succes", Halonen concluded.

    In addition, she advised to extend CoE's Monitoring to all its 47 Member States, "because, as long as we hear that, all these monitoring systems are "OK for the neighbor, but not for me", "it's very difficult" to understand. Something which could make easier to Compare...

    Finnish MEP Jaako Laakso, former CoE Rapporteur on the Occupied Territories of Cyprus and one of the 5 Signatories of the Historic CoE's call to create the "MONITORING" mecanism since 1996, was more specific :  - "We (CoE Assembly) have to find a way for the issue of Cyprus' MISSING People to be better followed", he stressed, anouncing his intention to "speak to Mr. Holovaty" about that. "There might be also other ways", added Laakso.

    - The 2008 "Year had been a very Bad one for Turkey with regard to Human Rights in general, and Freedom of Expression in particular", denounced, meanwhile, Holovaty's preliminary Post-Monitoringh Draft Report by Holovaty, published by the CoE on April 2009.

    "Amnesty International believes that freedom of expression is not guaranteed given the various articles of the Criminal Code that restrict it. .. "For example, 1,300 Websites are said to have been closed down by the (Turkish) authorities in 2008" ! While "the new Turkish Criminal Code was used to bring a total of 1,072 proceedings between June 2005 and April 2008, and led to the conviction of 192 people", for expressing views. "Representatives of the Özgür Gündem newspaper, which specialises in Kurdish affairs, ..complained about Numerous Attacks on their Freedom of Expression ...as was everyone who advocated a settlement to the question by means other than the intervention of the army" "According to their figures, 19 Newspapers had been suspended 43 times between 4 August 2006 and 4 November 2008" !...

    Moreover, on 2008,  CoE's "Ministers adopted its 4rth Resolution on the execution of the judgments of the ECHR, ...and outstanding issues regarding 175 Judgements and decisions relating to Turkey delivered between 1996 and 2008...  concerning Deaths resulting from the excessive use of force by members of the Security forces, the failure to protect the right to life, the DIisappearance and/or death of individuals, Ill-Treatment and the Destruction of property". CoE's " Ministers urged the Turkish authorities ...to ensure that members of Security forces of all ranks can be prosecuted without administrative
authorisation" for "serious crimes". Holovaty reminded.

"Nonetheless", Holovaty heard anew of "Several cases of Violence committed last year (2008) by the (Turkish) security forces". Amnesty International speaks of Many Cases of ill-treatment and Torture in the prisons and by the police". "Including, fex."'the death of Engin Ceber, a young man of 29 who died on October 2008 as a result of the TORTURE allegedly inflicted on him by police officers, prison staff and members of the gendarmerie. He was part of a group of people arrested on September 2008 during a demonstration and Press Conference in Istanbul'. Proceedings against suspects are "on-going" in this case.

- " I therefore noted an Obvious Contradiction between the Government’s stated “zero tolerance” policy.... of Torture and other forms of ill-treatment, and the different testimonies given", denounced CoE's Rapporteur.  Turkish "authorities must make considerable efforts to guarantee that proper investigations are carried out into allegations of abuses by members of the security forces and that perpetrators are effectively punished" "In this respect, I have requested detailed Statistics on the number of Investigations, acquittals and convictions in cases involving allegations of abuse in order to show the positive impact of the measures taken to date", Holovaty said, repeating a permanently unsatisfied CoE's demand to Turkey since a Decade...

    - "The Political Crisis that shook the country in the spring of 2008 highlighted the Weaknesses of the (Turkish) Constitution", which comes from the Military regime of 1982, "and the Urgent Need of Reforms", stressed from the outset CoE's Rapporteur in 2009. In particular, "the ...Democratic functioning of state institutions, including the independence of the judicial system, are crucial", he observes.

    But, "the Electoral  system and the ways in which it is circumvented do not appear to give those elected complete Legitimacy, and tend to pervert the course of direct universal suffrage", denounces Holovaty, observing that, even 5 Years later, Turkey did not yet change the 10% nationwide Threshold for a party to take any seat, which is "far higher" than the "3%" maximum in Europe and already condemned as contrary to European Standards by the CoE.

    + Moreover, EU Parliament's 2009 Report on Turkey, drafted by Dutch MEP Ria Oomen-Ruijten and adopted in Strasbourg on March, expresses "Concern over the Failure of the (Turkish) Judiciary to prosecute cases of Torture and Ill-treatment, the Number of which is Growing". EU also "is concerned about continuing Hostility and Violence against Minorities" in Turkey. It also "calls on the Turkish Government to launch, as a matter of Priority, a Political Initiatve favouring a lasting Settlement of the Kurdish issue, (while "condemning violence.. and terrorist groups"). EU "regrets that No progress has been made on establishing full, systematic Civilian suprevisory functions over the (Turkish) Military".

    The final results of Holovaty's 2nd and last visit to Turkley will be known later this year, and, at any case, before EU's December 2009 Summit.

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