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Home arrow newsitems arrow CoE Legal+Human Rights Director Giakoumopoulos to EF: Europe may go Global on Data Protection

CoE Legal+Human Rights Director Giakoumopoulos to EF: Europe may go Global on Data Protection

Written by ACM
Thursday, 21 June 2018
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*Strasbourg/COE/Angelo Marcopolo/- The New CoE's Director General for Legal and Human Rights Affairs, Christos Giakoumopoulos from Greece, speaking to "Eurofora" after an International Conference, with key participants from all Continents of the World, on the Perspectives of the New EU and CoE Legal Tools for Personal Data Protection in the foreseable Future, that he Opened with an official speech at the PanEuropean COE's Headquarters in Strasbourg, pointed, in substance, to the Fact that Europe may, Nowadays, - thanks to EU-CoE close Cooperation, particularly in that area, and CoE's original Convention System,- develop also a much Wider, Global Impact in this Key Issue on Digital Technologies :


- EU and CoE have closely followed each other's recent efforts to Modernise their relevant Legal Tools, with EU's recent New Directive in that matter, which has just entered into force on May 2018, and CoE's New Version, adopted Earlier on 2018, of its Pioneer, Historic Convention "for the Protection of Individuals with regard to the Processing of Personal Data", with Experts striving to Coordinate their moves.


 - But EU's Legal System is, in principle, Focused mainly on its 28 Member States, (27 if the UK's BREXIT is soon realized), while the PanEuropean CoE, in Addition to its 47 Member States, (including Russia, etc), has also a Particular Characteristic in many among its Legal Conventions : They can (and Often are, as in the Presenrt Case) "Also Open to Any Other, 3rd Country, even Non-Member of this Organisation, and even Beyond Europe, from All over the World, Giakoumopoulos observed.


+ AnOther such relevant Case is, f.ex., also CoE's "Budapest" Convention for the Fight against "Cyber-Crime", where f.ex., in addition to Russia, it's also, often, several Key participants from the USA who take place in its widely attended Annual Conferences in Strasbourg, a Next one being, currently, Scheduled for July 2018.


=> Thus, f.ex., CoE's relevant Convention for Personal Data Protection has Already as many as 52 Member States, in its Classic Version. And, Today, during the above-mentioned Conference, several Key Participants, also from Other Continents of the World, confirmed the current Perspectives for many Important New Accessions to Both, Old and New, "Modernized" Version(s) of that landmark Legal Treaty, including, f.ex., Representatives from Mexico, Argentina, Morocco, Ghana, New Zealand, etc., (while Others, as Tunisia and Capo Verde, etc, have Already become recently Members), to which are also Added Nowadays probable Estimations even for South Korea, Japan, Chile, etc.


- Experienced CoE's Deputy Secretary General, Gabriella Battaini-Dragoni, from Italy, who gave a Concluding Speech at the Closing Session of Today's International Conference, significantly went as Far as to even, Characteristically  ...Play with Words and Express her Wish for COE's New, "Modernized" Version of its Landmark, Pioneer PanEuropean Convention for the protection of Individuals whenever their Personal Data are Processed, to Be Soon Named : "Global" Convention !...

 

- Nowadays, about "126 Countries", accross the World, already have some kind of "Data Protection Laws", more or less well developed, observed, meanwhile, Professor Graham Greenleaf, from Australia, before going down to more concrete Details about his Estimations on their most probable stance vis a vis Cooperation with Europe on this Topical Issue.

 

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- In fact, "what Counts most for the CoE, is that this Convention has Human Rights at its core, which currently, Face notorious Challenges in a "Connected" Environment of various Digital Communication Technologies, Giakoumopoulos went on to stress, as a matter of Principle.


+ Indeed, other Participants in this Conference, pointed also to the Fact that even the Modernized, New Version of the above-mentioned CoE's Convention makes an Explicit Reference to the Core Value of "Human Dignity".


CoE had, in fact, Already Drafted its main Text quite a Long Time Ago, but it had, Meanwhile, to Solve at least 2 Serious Problems : Find a workable Compromise mainly with Russia, (as far as it concerns Trans-Border Flow of Data and USA's role, as well as Security Issues, etc), and Discuss, moreover, how to Coordinate Efficiently with EU's parallel work on its Recent Directive, (Comp. Supra).


The Next Step for that CoE's "Convention 108", as it's Traditionaly nick-named, (Nowadays' New Version Adding a "Plus" after its Name, i.e. resulting in "Convention 108+"), is currently Scheduled for the forthcoming Autumn of 2018, when Dozens of Countries are Expected to Sign the "Modernized" Legal Document, whose Entry into Force has been Fixed by CoE's Highest Political Body, that of its Committee of Ministers, at the Threshhold of at least 37 Countries, a Number reportedly due to be reached in the next few years, if not even earlier.


The main point is that, Now, a Key Movement has Started, with a Political Will to Help it Spread World-wide, at the Greater possible Extend, in this particularly Global Issue.

 


(../..)


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(NDLR : "DraftNews", as already send to "Eurofora"s Subscribers/Donors, Earlier. A more accurate, full Final Version, might be Published asap).

 

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Recent developments proved that Europe can suceed to overcome challenges by aiming at great objectives, and this is needed also in 2009, said EU chairman, French President Nicolas Sarkozy.

    - "It's in the name of Great Ideas, Projects, Ambition and Ideals, that EU can overcome" challenges, stressed Sarkozy at EU Parliament in Strasbourg, in conclusion of a dense 7 months EU Chairmanship. "It's even easier for Europe to have Great projects, able to overcome national egoism, instead of limiting itself only to small projects" (unable to do alike), he observed.     

- "Europe must remain Ambitious and understand that the World needs her to take Decisions". "The World needs a Strong Europe", which "thinks on its own, has convictions, its own responses, its imagination" : "A Europe which does not limit itself into following" others, (as it did in the Past, when it followed USA, f.ex. on Bosnia). On the contrary, "Europe should undertake its own responsibilities", he said, after a series of succes in stopping the War between Russia and Georgia, and organizing the 1st EuroZone's Summit in Paris, which incited the Washington DC G-20 Summit to extend similar decisions World-wide.  


    - "When you sweep it all under the carpet, prepare yourself for hard tomorrows", he warned. "What hinders decisions is the lack of Courage and Will, the fading away of Ideals", he stressed before EU Parliament's 2008 debate on Human Rights and Sakharov prize on Freedom of thought attributed by MEPs to Chinese cyber-dissident Hu Jia, followed by an EU - Turkey meeting on Friday.

    - "I don't abandon my convictions" and "I will take initiatives" on EU level also in 2009, Sarkozy announced later. "France will not stop having convictions and taking initiatives" on Europe. + "It's an Error to wish to pass over the Heads of those who are elected in their Countries" : "It's an integrism I always fought against"', he warned.
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French EU Presidency faced 4 unexpected Crisis :

- An institutional crisis, with the Irish "No" to EU Lisbon Treaty, just before it started. A geopolitical crisis, wth the threat of War between Russia and Georgia risking to throw Europe back to Cold-war divisions, on August. A World-wide Financial and Economic crisis, arriving at a bad moment before crucial 2009 EU elections. And even a Strasbourg's mini-crisis, with EU Parliament's roof curiously falling down, from unknown reasons, in a brand new building on August, provoking an unprecedented transfert of the 2 September Plenary Sessions...

But it wasn't enough to stop Sarkozy ! On the contrary, it stimulated him...
---------------------------------------

- "The better way to deal with the recent problems of EU institutions (as the "3 NO" by France, the Netherlands and Ireland) is to take them as a "Test" in order to find solutions closer to Citizens' concerns", said later in Strasbourg Sarkozy's new choice as Ministe for EU affairs, Bruno Le Maire.

- On the Institutional front, Sarkozy gave Time to the Irish to think about it, and stroke on December a deal including a New Referendum after the June 2009 EU Elections, in exchange of a promise to keep the rule of "one EU Commissioner for each EU Member Country", and some opt-outs on Defence and Fiscal EU policies, Abortion, etc. If the Irish get a "Yes" Majority, then the institutional package could be completed in 2010 or 2011 on the occasion of Croatia's probable EU accession.

He was accused in Strasbourg to upgrade EU Council and downgrade EU Commision, but he replied that "strong Political initiatives by EU Council reinforce also the more technical role of EU Commission, under the political-technical leadership of its President", all 3 "working together with EU Parliament".


- But, meanwhile, Sarkozy energetically spearheaded an Historic 1st Summit of EuroZone's 15 Heads of State and Government at EU's core, exceptionally enlarged to a partial participation of British Prime Minister Gordon Brown, on October 12 in Paris' Elysee palace, which started to tackle succesfully the growing world Financial crisis.

    It also paved the way for its endorsement by a subsequent Brussels' 27 EU Member States' gathering, before it all come to Washington's G-20 Summit. And "Europe was united, it asked for the 1st G-20 Summit, and it will also organise the next G-20 Summit on April in London", he observed.   

 But a Conference with EU, Russia, African and other Developing Countries, hosted in Strasbourg shortly after Washington G-20 Summit by the French EU Presidency, took a Resolution asking to enlarge participation to Global Economic Governance. Many found, indeed, illogic and unacceptable that f.ex. states as Turkey were given a seat at G-20 level, while all African Countries, and even the African Union itself, representing the greatest Continent on Earth, were excluded...


    Meanwhile, even USA''s "Paulson No 3" Plan, was, in fact, inspired by Europe's No 1 Plan", Sarkozy observed, largelly applauded by MEPs.

    And "Europe showed Solidarity" by mobilizing some 22 Billion credit for Hungary, 1,7 billion for Ukraine, as we do nowadays for Baltic States, etc., he added.

    The move on Economy was extended on December by an EU stimulus' plan totalling some 200 billion Euros, including 5 Billions released by EU Commission for big Projects, as well as various parallel National plans for Economic revival, (fex. 26 billions in France alone). They might appear limited, compared to USA President-elect Obama's reported plan to boost the American economy with 800 billion $, but at least succeded to overcome Europe's divisions for the first time on Economic governance, opening new horizons.

- The French President stressed even harder the unique role of an active EU Council's chairmanship, when he moved swiftly and efficiently, at the beginning of August, to succesfully stop War between Russia and Georgia, at the last minute, which threatened to bring Europe back to Cold War division.

"We (EU) also wanted to avoid a situation like in Bosnia, in the Past, when EU was absent, so that our American friends took their responsibilitues, and EU only followed", despite the fact that the conflict took place in Europe. Now, it was the EU who took its responsibilities".

A roadmap towards a new PanEuropean Security policy, before which all unilateral moves to place new Missiles (from USA or Russia) would be freezed, was proposed by Sarkozy after a meeting with Russian president Medvedev, at the eve of Washington DC's G-20 Summit.

Ukraine's "European" character was stressed at a Sarkozy - Jushenko Summit, September in Paris, while EU adopted on December an "Eastern policy", in which, "I'm convinced that our (EU's) future is to find with our Neighbours the conditions for Economic Development. Peace and Security, by explaining them that.. they must respect (Human Rights') Values, and adopt behaviors different from the Past", explained Sarkozy in Strasbourg.

Meanwhile, the "Union for the Mediterranean" was created, since July's Summit if 45 Heads of State and Government in Paris, as "an organisation for a permanent Dialogue, that we need", mainly in order to tackle the Israeli-Palestinian conflict, by bringing together, for the 1st time, Israelis and Arabs, where "Europe must be present, in order to avoid a frontal clash".

- "If Europe doesn't take its part for Peace in the Middle-East, nobody else will do that in our place", Sarkozy stressed.
-----------------------
    Meanwhile, other EU Agreements were brokered during the French EU Presidency on Immigration, (fex. common Asylum rules, etc), and Climat- Energy :

    - On Climat-Energy, the 2007 German EU Presidency had fixed a triple 20% aim for 2020 (20% renewable Energies, 20% reduction of CO2 emmission, 20% energy efficience/economies), and the 2008 French EU Presidecny realized that, making the necessary compromises in order to modernize EU's industry, but without throwing some former Central-Eastern European Countries into abrupt Economic break down risking "social explosion".

    - Defence-Security EU policy was mainly postponed for April 2009, since both German chancellor Merkel and French president Sarkozy want to strike a deal with the new American president Obama in Strasbourg's NATO Summit.

    However, with all these 4 unexpected Crisis diverting attention to other urgencies, People wil wonder now, what happened to the famous deal proposed by freshly-elected French President Sarkozy on Turkey's controversial EU bid, back on August 2007, to continue EU - Turkey negotiations, but on the double condition that core chapters, intrinsequally linked with EU Membership, will be excluded, and that a collective Reflexion and Debate on Europe's future would start before the end of 2008.

    It was meant to reply to the crucial question : What kind of Europe do we want in 10 or 20 Years from now : A large Market, or a Political Europe, with a popular identity ? In Sarkozy's thinking, presented in his 2 landmark speeches on Europe in Strasbourg, shortly before and after the 2007 Elections, (on February and July 2007), Turkey's controversial EU bid would be incompatible with the second choice.

    It's true that EU Commision's Chairman, Jose Barroso, (who had notoriously declared, as former Portuguese Prime Minister, that he found "nonsense" the idea that Europe might become equal to the US), had repeatedly tried to avoid that Sarkozy's criticism on Turkey might start winning a larger audience in Europe, preferring a discrete "wismens' committee" work. And that most of the personalities later chosen in order to participate in a Committee on Europe's Future, are too much linked with Socialist parties and/or American policies, to be really critical of USA's notorious wish to impose Turkey to the EU, as Sarkozy had noted himself since March 2007..

     - "It's on EU Council's presidency to take political initiatives. EU Commission has other competences", stressed Sarkozy. The "European Ideal" is to "build Europe with the States, not against them". "Ask Europeans to chose between their countries and Europe won't work. You don't choose between your two parents : We must add them together".

    "France and Germany have an Historic Duty to work together, precisely because of what happened to the Past. We have to work hand by hand. We cannot be separated.It goes beyond me and Mrs Merkel today, Mr Schroeder and Mr. Chirac yesterday. It's not a choice, it's a duty to Europe and to the World".  "We need Germany, as Germany needs Europe". Compromise is inevitable, here as everywhere, and each one made some steps towards eachother's positions.

    But "it's true that Mrs Merkel didn't chose her Socialist partners, while I chose mine", Sarkozy said, in an indirect hint that the Socialist Minister of Finance in Germany might be a cause of minor past disagreements in Economy, which were overcome in recent negotiations.

    "We (France and Germany) have particular duties in Europe", but "in a Europe of 27 Member States, it's not enough for France and Germany to agree between them.

    "I always thought that Great Britain has a special role to play in Europe. ... Now, everybody "saw what it cost payed the UK for having been too exclusively open towards the US (and) Financial services. Europe needs the UK, but also the UK needs Europe" :- "We were able to face the hardest moment of the Financial crisis because the UK clearly chose Europe", stressed Sarkozy, reminding Gordon Brown's exceptional participation to the Historic 1st Heads of State/Government Summit of EuroZone, October 12 in Paris (See EuroFora's Reportage from Elysee Palace then).

     - "Some look at Europe with old glasses aged 30 years ago. While we must look at her in relation to what it will be in 30 years" in the Future, Sarkozy concluded.

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