CoE Governance Head Mollari to EF:"e"-Democracy Ready to Boost Citizens Participation since Pandemic
*Strasbourg/Angelo Marcopolo/- Replying to a relevant "Eurofora"s Question, the President a.i. of CoE's prestigious PanEuropean Committee on Democracy and Governance, Markku Mollari, from Finland, announced, in substance, that Digital "E"-Democracy is practically Ready, Nowadays, to Help Boost Citizens Participation to Public Decision-Making, (along the main lines of "Eurofora"s Project), particularly since the current Pandemic Virus' Crisis.
- And he did Not Exclude, a priori, that this may, "Later"-on, even "Lead" also to a "Hard Law", throughout CoE's 47 Member Countries, (See Infra).
Significantly, he said that in the Context of a landmark CoE's International Conference on civil Participation in Decision-Making, where "Eurofora" had been Invited to take an active part, by CoE's Presidency by Georgia, (November 2019-May 2020, shortly before Greece takes over, Later this Month, for the Period of May - November 2020, followed by Germany). Initially Scheduled for the Beginning of March in Strasbourg, this was the 1st CoE's International Conference obliged to be Postponed sine die, because of the Deadly Virus' Crisis, But it Resumed Nowadays, precisely in the Form of a Digital Web-Conference...
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- "Eurofora" had practically Asked President Markku Mollari :
(A) "WHEN" he expected that a Link between "e-Democracy" and "civil Participation" might be Developed by the CoE, as he had Highlighted Earlier (See Infra), and Whether he "could ... be ... Explicit about its Content".
(B) "IF" he thought that, even an eventually "Soft Law" (f.ex. in the Form of a CoE's "Recommendation"), might, eventually, Become, Later-on, "at least Partially, also "Hard Law", f.ex. via National Judges' Case-Law, Legislators, Administrative Practice, etc., perhaps Coordinated by ECHR".
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- (A) "Thank you. To Answer the 1st Part of Your Question, the Guidelines on E-Democracy ...have Already been approved by the (CoE's) Committee on Democracy and Governance...", its President sharply replied to "Eurofora".
- But, at least for the Time being, this has been done "in the Form of a Toolkit", and just "in Substance", Not Yet "in their Final Version", as he pointed out.
=> In Consequence, "they Will be (Definitively and Completely) Approved", once Finalized, "in the (CoE) Committee's Next Plenary meeting", which is due, "most Likely", to be organized around this "Summer" 2020, (i.e. during the InComing Greek CoE's Presidency of May-November 2020), he Carefully Announced.
+ In Fact, these New (2020) CoE's "Guidelines" have a Solid "Base" "on Recommendation CM/Rec(2009)1 of the Committee of Ministers (CoE's Highest Political Body) to member States, on Electronic (e)-Democracy", Markku Mollari reminded. Which is "the 1st International Legal Instrument to set Standards in the field of E-Democracy" in the World, already 15 Years Earlier...
+ Concerning their Content (Comp. Supra), "in Line with the Focus on Multi-Level governance of the (CoE's) Committee on Democracy and Governance" in general, these New (2020) "Guidelines seek to provide Authorities at All Levels, with concrete Examples of Policies, Measures and Mechanisms that can contribute to EnRiching a Democratic Culture and Strengthening Democratic Practices and institutions, at National, Regional and Local level", he added.
++ Moreover, "these (New, 2020 CoE's) Guidelines are addressed to the Broad Range of Stakeholders, such as Public Authorities and their representatives, Political" organisations, "Individuals (Citizens), NGOs, and Civil Society at large, including Media, and the Business community", he specified. This is "In Line with the Consistent Approach Used by the CoE in the area of Democracy" in general.
+++ The, ("Currently Finalized"), "Documents include (also) Mechanisms related to e-Participation, e-Petitions and e-Referendums", he revealed Earlier, (but withOut going into Concrete Details).
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(B) "With regards to Your 2nd Question, (Comp. Supra), these "Soft" Tools are meant to be Practical, and Helpful – they should be relatively Easy to apply... We intended for the many Examples in the document from various countries to act as an Inspiration - to apply them as Appropriate, share Ideas and get new ones", President Mollari Replied to "Eurofora".
- This goes "Even in Difficult circumstances", he Stressed.
+ However, At the Moment, he felt that "it is Too Early (sic !) to say Whether these will Lead to any “Hard Law”", (But withOut Excluding Anything, a priori)...
=> "That should be Evaluated Later", he Wisely Concluded, Replying to Our Ultime Query (Comp. Supra), in a way which Left the Future Open !
Topicaly,, CoE's Democracy/Governance Committee's President Markku Mollari from Finland, said that to "Eurofora", Just 1 Month Before the next EU Heads of State/Government Summit, on Mid-June, which is due to Deal also with the Forthcoming Exceptional "Conference on Europe's Future" (2020-2021+), where EU Citizens' Participation to Public Decision-Making is Notoriously at the Focus...
- At any case, it's a Fact that, "in the Present Day – no less during our current Health Emergency –", "one canNot discuss civil Participation withOut referring to anOther Theme, closely followed by the European (EU+CoE) community: e-Democracy", righfully Mollari Stressed Earlier.
- Because "Digital tools and Technologies can, and should, Support Democratic processes, by providing increased Access to political Decision-making, and enabling Citizens to Participate in the public Debate, in New Ways" he underlined.
=> That's why, "the good cooperation between New Tools (Internet) and Traditional tools of Participation, is the Key to building better Trust ...between different levels of Government and the wider civil Society", "Reflecting the Centrality of this topic for the present and future of Democratic practice".
At a Moment when the In-coming CoE's Greek Presidency, later this Month, (May-November 2020) seems reportedly due to Focus, precisely, on such Digital Tools, Both in order to ByPass Problems raised by the Virus' Crisis, and in order to Boost a Public Democratic Debate with Citizens on core Human Rights, Democracy and Rule of Law during Pandemics, while, at the Same Time, also the EU Leaders prepare an Exceptional 2020-2021 Conference on "Europe's Future", due to Focus also on EU Citizens' Participation to the Decision-making, the above-mentioned Key Observations of PanEuropean CoE's "Democracy and Governance" Committee's experienced President, are certainly of key Topical Interest.
(../..)
("Draft-News")
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They voted to "freeze" UK Government's draft to put People in jail for 42 Days on "anti-terrorist" suspicion without charge, or they abstained. Don't they look suspect ?
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CoE's debate on UK controversy stirs PanEuropean check of anti-terror suspects' imprisonment
Former Leftists of the Sixties would boil in hot water if they heard PACE's debate on the controversial 42 days detention without charge, currently drafted by the British Government :
A "Socialist" Government, a Socialist PACE Rapporteur and a Socialist Chair of PACE's Legal Committee, opposed a .. "Conservative" amendment (supported by .. Liberals, Democrats, etc), to freeze the measure, in order to protect Citizens' Freedom, by "waiting" until CoE's Venice Committee checks its conformity with Human Rights' principles.
"Left"'s support to Conservative-Lib.Dem's criticism, wasn't enough to obtain a majority, nor to make things as they were back in the good old days, when "Left" and "Right" had a clear meaning, as "liberty" and "restrictions"...
Conservatives and most Democrats were joined by the Left in voting for the "freeze", as well as Liberal Paul Rowen, while Socialist MEP Ivan Popescu, an experienced MEP from Ukraine (PACE Member since 1996-2008) abstained. But most Socialists, added to a few Liberals and EPP's Right, voted against.
Fortunately, someone inside PACE had the wise idea to shorten the Debate for less than 1 Hour, and put it on the Agenda only at the end of an exceptionally busy day, towards the end of the Evening, when most MEPs had already gone to taste wins and foods at various Receptions all around Strasbourg's "European" area : As a result, not even 42 MEPs weren't present..
Socialist Lord Tomlinson accused the leaders of the PanEuropean Assembly, in its highest body : the "Bureau", to "lack wisdom" by deciding to hold a Debate on an issue that neither the Socialist Chair of the Legal Committee, nor its Socialist "reluctant Rapporteur", did "not want to do", ...
Finally, everybody (critics and supporters alike) was happy to agree, in substance, that the controversial measure "may" gravely violate Human Rights, and therefore, PACE asked Legal Experts of Venice Commission to check UK Government''s plans.
But this might take more than .. 42 Days to do, since PACE's Rapporteur asked the Experts to enlarge their study in a PanEuropean comparison of all that is happening on "anti-terrorism" legislation in 47 CoE Member Countries, including Russia, Turkey and Azerbaidjan..
Bad lack : "The existing 28 days’ detention without charge in the UK is, in comparison with other CoE member countries, one of the most extreme : In Turkey, the period is 7,5 days, in France 6 days, in Russia 5 days, and in .. the U.S. and Canada just 2 and 1 days respectively", denounced Democrat MEP Ms WOLDSETH from Norway..
"Numerous respected human rights organisations, including Liberty and Human Rights Watch, have expressed serious concern" "The proposed legislation ...could easily lead to extensive abuses. ...Detention for 42 days means six weeks in which one is taken away from one’s family, friends, home and livelihood only to be let off without being charged. That will destroy lives and isolate communities", she added.
- "3 years ago, the UK Government sought to increase the period of pre-charge detention from 14 days to 90 days. Not long before that, it had been only 7 days. There was a vigorous debate ...and a ...compromise was reached of 28 days. We have to ask whether there are proper safeguards in place to extend the period to 42 days. I suggest that there are fatal flaws", reminded British Conservative Clappison.
- "What sort of society holds someone in detention for 42 days and does not have to tell the person who is in prison why they are there, or explain the suspicions that arose and led to their detention? What sort of society believes that that is the way to treat its citizens? That is an appalling injustice, ...A 42-day detention period will not make the UK safer. Instead, it will be the first step to giving in to terrorists; it is saying that we are prepared to sacrifice our democratic rights and the principles for which we have stood for centuries", criticized British Liberal Michael Hanckock
"Comments made ...by Norwegian delegates are unfortunate", replied British Socialist MEP Ms.Curtis-Thomas, accusing them to "besmirch the reputation of our police force, which is one of the Best in the World", as she said, believing that "there are significant safeguards ...to ensure that individuals are not subjected to unlawful detention"
PACE "has serious doubts whether ...the draft legislation are in conformity with the ...case-law of the European Court of Human Rights. A lack of ..safeguards may lead to arbitrariness, resulting in breaches of ... liberty and ...right to a fair trial". PACE "is particularly concerned that: ..the judge ..may not be in a position to examine whether there exist reasonable grounds for suspecting that the arrested person has committed an offence;"; that "... representation by a lawyer may be inappropriately restricted or delayed;" that "information on the grounds for suspicion of a person ...may be unduly withheld.. ;" that this "may give rise to arrests without the intention to charge;", and; in general, that "prolonged detention without proper information on the grounds for arrest may constitute inhuman treatment", says Klaus De Vries' Report, adopted with 29 votes against zero.
Records don't say if it took him 42 Days to draft his Report, but, at least, he knew why...