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Αρχική arrow newsitems arrow ECHR President Raimondi to EF on Discretionary Power: Decision-Making proces(Dialogue State-Citizen?

ECHR President Raimondi to EF on Discretionary Power: Decision-Making proces(Dialogue State-Citizen?

Έχει γραφτεί από ACM
Thursday, 25 January 2018

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*Strasbourg/ECHR/Angelo Marcopolo/- Replying to an "Eurofora"s Question at the Annual Press Conference of ECHR, its experienced President, Guido Raimondi from Italy, explained that the PanEuropean Court of Strasbourg "is Developing" quite wide possibilities for Judicial Control of Public Authorities' Discretionary Power, in order to Prevent eventual Abuse vis a vis Citizens, inter alia, also by imposign the Respect of a Number of Rules, concerning the Decision-Making process of any Public Administration, (f.ex., Prior Information of affected Citizens, Contradictory Procedure, Sufficient and Correct Motivation of Decisions, etc), i.e. in a way quite similar to an elementary Dialogue between States and Citizens Before Taking Important Decisions which Affect their Lives and/or Society at large, as "Eurofora"s Wider Project and Views support since a long time.


Such ECHR's moves (that President Raimondi analyzed here in a Crystal-clear way) coincide also with Both relevant EU Developments, particularly since Lisbon Treaty, as well as with even more Recent COE's PanEuropean Legal Space's own developments, as "Eurofora" has already Highlighted recently, (See, f.ex.: http://www.eurofora.net/newsflashes/news/coeruleoflawchecklistandeuroforaproject.html, etc).


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- In our Question, "Eurofora" started by pointing at the Fact that : -"A Few Months ago, in Strasbourg, CoE's Parliamentary Assembly endorsed a Measure adopted by the Venice Commission, (supported also by the Congress of Local/Regional Authorities of Europe : CLRAE), which concerns a General Mechanism, for All (COE's 47) Member Countries, about the relations between Citizens and Public Authorities, in order to Prevent Risks of Abuse of Discretionary Power."


- "I.e. when a State can Decide Whatever they like, in the Substance of the matter, But has to Respect a Series of (Decision-Making Process') Rules, that we know also in Adminstrative Law : As, f.ex., to Inform the Persons involved, to Hear them Before it Decides, to present a Motivation that is Sufficient, (Legally and Factaully) Correct, etc", we explained in this regard.  

 

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 - "Obviously, it's Not Directly and Explicitly Linked with some ECHR Articles. But, according to your Experience, is there Something - or there Might be Something, Hopefully - inside the PanEuropean Mechanism for Human Rights, - as there are some Similar things in EU Law, after Lisbon Treaty (EIF : 2010) - which Could Develop, in the foreseable Future, a kind of Guarantee against Abuse of Discretionary Power ?", "Eurofora" asked ECHR President Raimondi.


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- ECHR's President reacted Positively, as he said, - "On your Interesting Question, concerning (Public Authorities') Discretionary Power, and possible Control by our (PanEuropean) Court :"


- "This is an Interesting Question, especialy Because the Range of (Public) Administrative activities, and the Role of the State in the Social Life, Developed and Increased, across the board, in CoE's 47 Member States, in Recent Years", Raimondi observed from the outset.


 - "But we (ECHR) have Developed a quite Rich Jurisprudence on that Issue : "


 - Even if, as "You Know, UnLike of Article 47 of (EU's) Charter of Fundamental Rights, which Covers All sorts of Jurisdiction (i.e. also Administrators, and Not only Judges), Our (CoE's) corresponding Provision in the (PanEuropean) Convention (on Human Rights), i.e. Article 6, (which is) Providing Guarantees of "Fair Trial", does Not Apply to All Forms of Jurisdictional Proceedings".


 - "So, in order to Trigger the Protection of Article 6, you Need Either a writer Obligation of a Civil Rights, or an Accusation in Criminal matters. Of course, these 2 Noions are developed Autonomously by the Case-Law of ECHR",  (which, therefore, can have a Wider Scope of Action, if it wishes so : See Infra).


=> "In this connection, the activity of the Public Administration may Fall Within he Scope of Application of Article 6 : Either Because a Civil Right is at Stake , either because what is considered as an Administrative Action in the National Law, is considered, in the Autonomous Evaluation of ECHR, (Comp. Supra), as a <<Criminal Sanction>>, which Triggers the Protection of Article 6".


 - "Of course, it's a Delicate Question, Because we are confronted with the Theory of Separation of Powers. So, we (ECHR) Require that, when Article 6 Applies, the Judge has to have what we call "Full Jurisdiction". But this has to be understood with Caution, when it comes to the Control of Activities of the Public Administration", he warned. "Because of the (Constitutional) Principle of Separation of Powers".


 - "We (ECHR) have developed a Rich Jurisprudence on this : I'd say, the Most Important Case in this direction is "Sigma TV against Cyprus", that you may know", President Raimondi indicated.


 - "And there are a Number of Principles, which have been developed, in this connection : One of them, is, for instance, that, if the Judicial Body, which is called upon to Review judicially the Behavior of the Public Administration, has Not the Power to Assess the Facts, and canNot Rely on an Independent Assessment of the Facts, that is, for instance, a Problem, in the context of Article 6 !", he pointed out. "And this is one the Examples".


 - "So, the (ECHR's relevant) Jurisprudence is, Already, Rich, and it is Developing".


 - F.ex., "there is a Case which is Pending : Ramos Nunes v. Portugal", which will be Delivered in the Forhcoming Months, by the Court, and may provide some Further Clarification on that Issue", he Announced in fine.

 

+ As for a Comparison with the relevant EU Law, the presence of ECJ's President, Tomorrow in Strasbourg, at the Official Opening of the New Judicial Year of 2018, (on the occasion of which, is organized a Timely Seminaire focused on "the Authority of Judicial Power" : Comp. Supra), might be very Interesting, potentially, in this regard too. ECHR and ECJ have indeed, Recently developed a very close Cooperation, President Raimondi stressed earlier Today.

 

 

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Speaking exclusively to "EuroFora", the New EU Parliament's President, former Polish Prime Minister, ChristianDemocrat/EPP MEP Jerzy Busek, welcomed proposals by EuroFora about innovative ways for EU Citizens to attend EU debates before important final decisions which affect people's lives.

- "We (EU Parliament) must be transparent", Buzek stressed from the outset.  "We must have clear answers also for delicate questions. If we don't touch a problem, you must know why, and when shall we decide in the nearest future".. "Because "we (EU) must think about Europeans, first of all : They don't understand well what is going on in the EU. So, it's our duty to inform them, to make discussions here more interesting".

"EuroFora" congratulated President Buzek for the anouncement he made, from the 1st day of his election in Strasbourg (on Tuesday, 14 July 2009), on his intention to make  transparent debates, exchanges of views, etc. before the final adoption of decisions in EU Parliament's Plenary, when issues are evolving inside Committees, (See earlier publication).

And we reminded, in this regard, that "EuroFora" has been advocating a project for EU Citizens' active involvement in pluralist EU debates before important EU decisions, since more than a Decade : 1997-2007+

- "Thank you. We (EU Parliament), indeed, have exciting debates", Buzek replied. But, in practice, "without a possibility for our Citizens to see them, not even by the Press, the Radio or TV, etc., because it is in Committees", he regreted.

- "But, they (i.e. Media, Citizens, etc) might interact with you, with MEPs, etc, May be we can imagine something", "EuroFora" proposed.

- "Yes, (but) it needs, a quite new idea", Buzed observed.

- "Why not through some innovations ?", "EuroFora" suggested.

- "Innovation ? That's it. Fantastic  New Information Technologies !", Buzek realized.

- "Precisely, "EuroFora" has such a project, since more than a Decade (1997-2009), to use new technologies for public debates before major EU decisions are taken", we reminded.

- "If you have such proposals, please come to us, come to us. We must" do something, agreed the new EU Parliamen's President.

buzek_chairing_400 

    This fits with Buzek's main stance, expressed at EU Parliament's plenary earlier this week in Strasbourg, that the European Union must succeed to overcome a "Crisis of Trust" vis a vis EU Citizens. (See previous EuroFora publication).

    For that purpose, obviously information and debates are valuable, but purely instrumental, procedural means which can help focus on, and highlight a substantial content, attractive to EU Citizens, which needs to be determined by other, political, and not mediatic factors.  

    Buzek spoke about the urgent need to overcome the Global Economic Crisis,  the struggle for Human and Civic Rights, Democracy, etc., the Eastern Partnership, links with Russia, strategic partnership with USA and emerging countries, etc.

    But he also used (while speaking both to "EuroFora" and other Media) the expression : "The Europeans", for EU Citizens. This points right towards what several important EU leaders (including French President Sarkozy, German Chancellor Merkel, etc) have started to highlight particularly during the recent years : That there is a vital need, and an historic opportunity, for the development of a European Conscience, to stimulate e renaissance of a European Identity able to attract Popular support, for the EU to become a strong player in a Multopolar World : In other words, the revitalisation of a project for a "Political Europe".

    By a coincidence, this was indirectly but surely reminded, earlier in Strasbourg, by another ... Busek (this time with a "s") : 

busekcoe_400

    Speaking to more than 650 participants from CoE's member countries, at the conclusion of the 2009 Summer University of its Political Schools, Erhard Busek, (with an "s"), former vice-Chancellor of Austria and EU Coordinator for South-Eastern Europe, pointed at the current need to revitalize Europe's "Identity", forged by Greek philosophy and Roman Law, Christian values and Enlightment's ideas, etc. through the ages.     

- "We have almost the same name with Jerzy Buzek (EU Parliament's new President, who is a former Polish Prime Minister), because both our Families come ...from  the same village, located at the Heart of Europe, which was often shared between Poland, Germany and the Czech Republic. But my family emmigrated a long time ago to Austria, while Jerzy Buzek's family remained in Poland", explained f. vice-Chancellor Erhard Busek to "EuroFora".   

 An astonishingly concrete and simple example of European Integration from the grassroots : Starting by EU Citizens, i.e. those "Europeans", that EU Parliament's new President, Jerzy Buzek (this time with a "z"), wants to bring alongside MEP's decision-making proces, (according to "EuroFora"'s main idea : Comp. supra)...

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