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Home arrow newsitems arrow CoE Justice Quality Head Leyenberger to EuroFora: Risk of Politicaly Motivated Court not negligeable

CoE Justice Quality Head Leyenberger to EuroFora: Risk of Politicaly Motivated Court not negligeable

Written by ACM
Thursday, 09 October 2014

 

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*Strasbourg/CoE/Angelo Marcopolo/- Recent Facts observed in several CoE Member Countries reveal that Politicaly Motivated and/or Partial Justice might become a real Risk against Fundamental Principles of Rule of Law and Democracy, regardless of, and beyond  the more or less Technical Efficiency of one or another National System of Courts, if this crucial point is not seriously examined and dealt with, replied in substance CoE's experienced Director for Independence and Efficiency of Justice, Christophe Leyenberger, to relevant "EuroFora"s Questions, on the occasion of the presentation of the 2014 Annual Edition of the Report on "Efficiency of Justice" throughout CoE's PanEuropean area covering more than 800 Millions of People, (See Infra).


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 - "During recent years there have been many and various Criticisms concerning an alleged "Political Motivation" of some courts' decisions throughout Europe :


 - Even if it might not always be the 1st time, nevertheless, as far as it concerns specifically the elementary Freedoms and Human Rights, eventually the Prosecution, of some Democratically Elected Leaders of Political Parties, and/or (F.) Heads of State, in differend Countries, from the North to the South of Europe, and from the East to West, during the last 3 or 4 Years, various cases raise Critical Questions regarding the alleged Political Motivations of certain Persons and/or Groups inside the Courts' system".


    - Such incidents occur "in a way which obviously might affect the Trust of the Public to the Quality of Justice -i.e. one of your (CoE's) Landmarks - , if it's not efficiently  addressed before it might provoke irreversible consequences, "EuroFora" observed, from the outset.


    -"How do you feel about that, how do you think that things really are in this regard, and what should be done, in order to have the Trust of the Public ?', we asked.

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     - Indeed, "What you've said are, without any doubt, Facts that we (CoE) observe inside certain Member States", replied Positively from the start, the experienced CoE's Director for Independence and Efficiency of Justice, Stephane Leyenberger.


    - So, "it's Unfortunate that this (issue) is not included in the work if CoE's PanEuropean Commission for the Efficiency of Justice (CEPEJ)", whose Annual Results for 2013-2014 was presenting Leyenberger.


    - "And, through the Informations that we (CoE) receive" via that mechanism, "we are not (yet) at all in a position to have an overall picture  of the Abuse of Justice for Political Motivations, and/or eventual problems of Corruption in this domain", he regretted.


    - On the contrary, "what we (the CEPEJ) try to do here is to simply watch how Justice works in everyday life. But even this allows, however, to make an interesting Observation", (concerning "EuroFora"s Question : Comp. Supra) :


    >>> - "It's not merely because a given system might, eventually, work more or less properly, in everyday life, that it would also be without any problems of Manipulation of Justice or of Abuse of Justice for Political Motivations", he warned.


     - "That's what we (CoE) underline also in our (CEPEJ's 2014) Conclusions, in fine", Leyenberger pointed out, (See Infra).


    => In fact:  - "Even if I don't have any elements to give you now, nevertheless, it's true, indeed, that, even if we (CoE) might say that certain Courts' Systems are quite Efficient (Technically) in certain States, however, this doesn't mean at all that, concerning the Fundamental Principles of Law and the Independence of Justice, they wouldn't have several Problems to denounce and solve"....


     - "But, that's another kind of work", concluded, smiling, the competrent CoE's Director for the Independence and Efficiency of Justice, in reply to the above-mentioned "EuroFora"s Question.

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    >>> Indeed, the General Conclusions of CoE's 2014 PanEuropean Report on the Efficiency of Juctice, strongly stress the fact that : -  Any substantial "Evaluation must take fully into account the Specificity of the Public Service of Justice: it must be based on the Essential Principles of the Independence of the judiciary and the Impartiality of judges, which are Pillars in any state governed by the Rule of Law. Policy-makers and judicial practitioners shall work towards a greater Efficiency of their judicial systems, only while fully Complying with these Fundamental Principles", (Comp. Supra).

    This overall CoE's Conclusion, (already pinpointed by Leyenberger at his Replies to "EuroFora"s Questions : Comp. Supra), sticks perfectly well with the recently announced intention of experienced President of the Biggest EU political Party : that of ChristianDemocrats/EPP, Joseph Daul, to launch a Europe-wide Initiative for systematic and thorough Investigations of all denounced incidents where Facts clearly raise Critical Questions on Risks of Abuses which may be committed by some Politicaly Motivated and/or Partial National Judges, obviously Dangerous both for Civic Liberties and Democracy, particularly if they systematically target and harass certain Democratically Elected Leaders of the People, and/or Political Dissidents.

 

 (../..)


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It's important to create a synergy between "mutually stimulating" EU Countries' moves in order to overcome an "Unjust" Crisis "imported from USA", stressed new French Minister for Economic Revival, Patrick Devedjian, in Strasbourg, warning also that, while hoping for a vigorous Obama US Plan, nevertheless, "Time" is of essence for Europe...

In fact, it's EU's own interest to act Fast, before June 2009 EU Election, since, with Lisbon Treaty not ratified yet, it cannot face again the risk of a Majority Abstention, as back in 1999 and 2004, nor another "anti-EU" mood among Citizens, as in the 2005 French and Dutch "No", followed by the 2008 Irish "No", without endangering rare Historic opportunities, currently open for the EU, whose future is at stake.

From Social issues up to High-Tech Scientific Research, concrete action for Economic revival started from Strasbourg and its European dimension, for the new super-Minister Patrick Devedjian, who visited a Popular Social Housing and Infrastructure project at nearby Hagenau village, before meeting new leaders of Strasbourg's unified mega-University in a Scientific Labo at the Campus, close to EU Parliament and CoE headquarters.

Devedjian, who met also with all the spectrum of Local Political  deciders of Alsace region, close to FrancoGerman borders, wants for deeds to meet the words, in real practice, whenever politicians speak about Strasbourg and Europe's development.

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Devedjan to "EuroFora" : "European coordination can act as a multiplicator by mutual stimulations"
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Devedjian was questioned by "Euro-Fora" on his expectations for reciprocal effects of coordinated European plans :

- "We are living in a (European and Global) system where borders are transparent : When we take measures in France, they produce effects also in Germany, in Belgium, Italy, Spain, or other EU countries, and vice-versa. "So, we can have mutually stimulating effects between national revival Plans, if they are somehow coordinated", ..."They can augment each other's effects, acting as multiplicators and levers". "As a State stimulates Local authorities and Private business, similarly, each EU country's economic revival plan may multiply the effects of other EU countries' actions", he told us.

- "F.ex., when I visited Strasbourg University's Scientific labos, they told me that part of the renovation, funded by France, is realized by German companies located only a few Kms away from the border. Thus, the French revival plan benefits also the German economy. And vice-versa : when Germany takes certain measures, they can have beneficial effects also for French companies"

In an era of Globalisation, "nobody can close and isolate himself inside a Fish-Bowl !", he concluded.
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Economy's revival starts from Strasbourg and Europe, for new French Minister Devedjian
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This could be one of the reasons for which the new French Minister for Economic Stimulus chose to make his 1st visit to Strasbourg, the headquarters of European and Paneuropean Institutions, in the Franco-German river borders at the heart of Europe.

- "It was President Sarkozy's idea", he revealed, adding also fresh "support to Strasbourg's European vocation, not only with words, but also with deeds" :F.ex., the completion of a High-Speed Train network, due to stimulate fast links with Germany, Austria, Italy, Hungary and other central EU Countries.

- "This Crisis is Unjust for Europe, because it wasn't its fault". The greatest part of the "Crisis was imported from the USA, where problems are deeper than here'', in the EU. The Crisis "wasn't due to a bad managment by Europe", who was affected by problems which emerged elsewhere. That's why Europe must be united and active enough to face this challenge. said Devedjian, who has just won +5% in popularity...

- "I hope that there will be an "Obama-effect" also on Economy, and that the Plan of the New American President will be substantial enough to face this crisis, which is worse in the USA than in our area", Europe, he added.

"Economic Revival overcomes political divisions : F.ex. Strasbourg's Socialist Mayor "Ries agreed that State actions funded by Public Debt are justified during such exceptional circumstances", noted the Center-Right republican Minister.

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"Zeitnot" for 2009 EU Elections ?

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"My problem is Time", stressed Devedjian from the outset, at Strasbourg's University. "I have to engage 75% of funds in 2009, out of a total of 29 Billion euros", he explained later. "Monitoring will be of essence", because we must "avoid bureaucracy or delays. No project should get lost or neglected in complex meanders of adminstrative offices' moving sands", he warned.

- "I must create activities in the middle of the Crisis", he added. Questioned by EuroFora whether he aims to start creating some "hopes before the June 2009 EU Elections", Devedjian, a former leader of the Governing Political Party in France: UMP, did not immediately reply, but revealed, later, that he "hoped to start at least some Projects on May 2009, even if the bulk of Revival Plan's effects are "expected from Autumn 2009".

However, with only 30% of EU Citizens currently aiming to cast a vote at the forthcoming EU Elections on June, (See other NewStory), the  coordinated moves' results are expected to be crucial for Citizens' participation and votes at the forthcoming June 2009 EU Elections throughout all 27 EU Member Countries...Thus, it's vital for all Europe's own Future that coordinated national Economic revival plans start to have concrete results and create hopes for new dynamics before the June 2009 EU Election...

A real challenge, since careful choices are needed : Our aim is to fund projects which "create activities", even "in the middle of the crisis", and have a "lever effect, attracting other investments", Devedjian said. Because the "Stimulus' Plan has 2 aims : A Tactical one : to create New Activities. And a Strategic one : Choose what can become efficient and useful also in the Long-term". 

- "Are you ready ?", he asked Strasbourg University's new President, professor Alain Beretz, with some 700 million euros in his pockets for Education-Research in France. - "We are !", he replied.

- "The Minister's initiative can accelerate funds, and Time is important for us. This concerns the entire renovation of all our buildings", said to "EuroFora" President, Beretz. "I showed some Scientific Research Labos to Mr. Devedjian. But, If we had more time, I could show him also some Education Amphis, whose condition needs to meet Strasbourg's new Mega-University's ambition" to reach the 10 best in the World, as Prime Minister Fillon earlier anounced here.

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(Devedjian kicks off his Economic Revival tour from Strasbourg University, meeting with its new chairman Beretz, at Scientific Institute Le Bel) 

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Regional Prefectures should gather and select projects to be presented for decision before the end of January 2009.

A well-known close friend of President Sarkozy, who succeeded as EU Chairman to launch, in agreement with German chancelor Merkel and even British prime minister Brown, vigorous EU actions against the Financial/Economic Crisis, (starting from the 1st Historic Summit of EuroZone's Heads of State/Government, October 12 at Elysee Palace, followed by Washington G20 Global Summit), Devedjan will have a key role in the realisation of National and EU plans recently agreed in Brussels.

President Sarkozy is expected to arrive himself in Strasbourg, on the occasion of the official inauguration of its brand New Mega-Hospital, on the 9th of January 2009, at the eve of EU Parliament's session here, Elysee confirmed shortly after Devedjian's visit.

EU is due to review its economic revival plans at March 2009 EU Council in Prague, before the April 2 London Global Summit.

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Multi-facet concrete activities at focus : Stimulus Minister Devedjian at the Political, Social and High-Tech fronts in Strasbourg...

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