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Inicio arrow newsitems arrow EU Debate on Ukraine Aid: Need for impartial Judges against Corruption hampers Economy's potential

EU Debate on Ukraine Aid: Need for impartial Judges against Corruption hampers Economy's potential

Escrito por ACM
13.02.17
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*Strasbourg/Angelo Marcopolo/- An exceptional and Topical MEPs' Debate in EU Parliament Today pointed mainly at Judges' integrity, away from Political influences, and Committed to the Rule of Law, as a much Needed Institutional Tool also for the eradication of still endemic Corruption in Ukraine, for which EU has earmarked a lot of Grants and favorable Loans (See Infra), but without yet obtaining the desirable results, as representatives of 3 EU Institutions agreed after examining independently the developments of the relevant situation on the spot recently.


Significantly, they spoke Near the Headquarters of the PanEuropean Organisation for the Rule of Law, Human Rights and Democracy : the CoE, in Strasbourg, whose own Parliamentary Assembly (composed by MPs send from the National Parliaments of 47 CoE Member States, including Ukraine) is still in the process of "Monitoring" Kiev Authorities' relevant commitments, especialy on Legal Principles.

 
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- "Judicial Review is a Key" Issue, particularly for the Fight against "Corruption", stressed EU Commission's representative Herr Wagner, speaking at an Exceptional Meeting of the competent EU Parliament's Committee on Budgetary Control (COCOBU), in Strasbourg this Evening.


+ In fact, EU "Money is Available", he optimisticaly observed, but it's "Not yet Explicitly" made conditional to effective implementation of authorized EU Programs, (See also Infra), he regretted, while also Pointing at the Need for "Public Administration Reforms" and a better role for "Civil Society", etc., as relevant Factors and PreConditions for a Healthy Economic Development.


- From the Other Side, even if a recent decision to bring Gas closer to real Market Prices has brought a Burden to the Population, nevertheless, it has also managed to absorb a quasi-chronic Debt of Ukranian Gas Company in the Past, which has now become "slightly Profitable", Wagner observed.


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But EU Court of Auditors' member, Scabolcs Fazakas, from Hungary, who led the collective Audit on Ukraine, acknowledged the Fact that "Corruption is Very Real" Today, with the main Problem being "Political Influence".


Relevant "Reforms are Not Implemented", while "a Lot of Bodies were set up, But, Unfortunately, we (EU) are Still Waiting for the Outcome" of their activities, he criticized.
He pointed at an almost 100 Pages-Long Official Report established by the ECA, focusing now on the 2007-2015 Period, but also in View of the 2014-2020 "EU Response" due to Total a "Package of 11,2 Billions € in the foreseable Future.


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 - Indeed, "Results ....remain to be seen" concerning the "Fight against Corruption", says EU Parliament's Draft Report on EU Assistance to Ukraine, drafted by German MEP Joachim Zeller, from the Governing, ChristianDemocrat/EPP Party, who expressed "Regrets that Old Structures, ... Reluctant to Reforms, Modernisation and Democratisation prersist, while Forces Willing to Reform face Severe Difficulties".


=> In Consequence, EU must "Strengthen Monitoring" of the way that its Financial "Assistance is Implemented", he urges, including "by Suspending Payments", "where duly Justified by Lack of Satisfactory Progress in Reforms", and "make Further EU Assistance Conditional on effective Implementation of key ... Reforms", while "DisBursement conditions should be Strictly Assessed", according to his Report.

>>> In particular, a Draft Resolution "calls for a ReConstruction of the Judiciary power in the country, towards an Independent instrument Committed to the Rule of Law", mainly as part of a much Needed "Efficient Fight against the Still Widespread Corruption".


+ In Addition, "EU Assistance to Ukraine .. should be Tied with tagible efforts of the Ukranian Government ... namely top Improve the Own Resources ... through a ... Tax Scheme which does Not Only account for the Income of the Citizens, but Also the Assets of the Oligarchs".


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The latest "Fact Finding Mission" which visited Ukraine on 2016, presented a Report Drafted by the President of EU Parliament's Budget Control Committtee, another German MEP of the Governing ChristianDemocrat Party, Mrs Ingebopre Graessle, from Nearby Baden-Wurtemberg, to which refered several Speakers during Today's Debate :


The "very Substantial Financial Assistance" of almost 5 Billions € earmarked by the EU for Ukraine since the 2014 Events, (composed by 3.400 Millions for MacroFinancial Assistance, 1.400 Millions € for Development and Regions, as well as 110 Millions € for Peace and Humanitarian actions), "is Not Evaluated systematically", observes Grassle, "agreeing" on this point with EU's Court of Auditors' criticism.

 

 

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Particularly, on "Corruption", despite some "significant Steps", nevertheless,  "Tangibe Results" are still "Needed", she underlined.


F.ex., "2 Years After the Creation" of "3 Bodies aimed at Combating Corruption", some of them "are Still More Occupied with Staffing and Office Equipment, than ... with Fulfilling their .. Duties", COCOBU President Graessle found on the spot.


"Independence and Integrity of specialized Anti-Corruption Prosecutor's Office" "Need further Improvement", while "the Ukranian Authorities have Not yet produced a Convincing Track Record of Investigations and Sanctions for High-Level Corruption Cases", her Report's main Conclusions denounce.

 

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  Ten Years of ECHR : 1998 - 2008 show need of Revival in 2009-2010 coinciding with 2009 EU Election
   

A threefold, coordinated move by new Top French Political actors in the 2009 EU Parliament Elections, expressed in Strasbourg a will to boost Europe's Political dimension close to Citizens' concerns, going from protection of Economy to defence of Human Rights.    

The move met an exceptional ECHR's call for a "revival" of Human Rights' protection mechanism', in a Mega-Conference, early 2010.   

Obviously focusing on June 2009 Elections to EU Parliament, it involved from the outset the recently nominated "dual" Head of French Governing Party (UMP)  Michel BARNIER and Rachida DATI :

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     - "As President Sarkozy has clearly said, we (France) are in favor of a Strong, Sovereign and Independent, Political Europe, which protects its Citizens, and not for a large Super-Market, nor for a Europe under influence",

    "This goes for everything, including Energy", added to "EuroFora" the experienced former EU Commissioner, Minister of Foreign affairs, currently of Agriculture and Sarkozy's new pick as Leader of the Governing party UMP to EU 2009 Election, Michel BARNIER                                              .                             

  - Human Rights are important because they are at the Heart of the Political Europe that we aspire for : I.e. a Europe able to act and protect its Citizens, stressed also the New French Minister for European affairs, Bruno LE MAIRE, while meeting Strasbourg's Journalists at his first visit to the CoE.   

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This is one of the main interests for CoE, which is also a natural place for cooperation between EU countries and Russia or Turkey, which was recently helpful at the Middle East crisis, he added.

The move gained momentum with French Minister of Justice, Rachida Dati's main observations at ECHR's 5Oth Anniversary :   

- "While we are seeking Europe's Borders and Identity, you (ECHR) remind us also of its Values", Human Rights, Dati noted.   

Citizens seek more and more often ECHR's help, and the tempo accelerates, Europa awaits a symbol, while national legal orders are not freezed   

And she expressed "support" to ECHR President Jean-Paul Costa's call to satisfy the vital need to revigorate the PanEuropean Court by deciding big changes at a High-Level Conference open to a large audience, a kind of "Etats Generaux" of Human Rights, at the beginning of 2010.       

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It's not so much the recently growing number of applications for Russia or Ukraine etc, which seems to be Costa's main concern : In fact, the cases declared "admissible" are much fewer...    

But rather the persistent violations of Human Rights, sometimes very grave (ie. murders, torture, abritrary deprivation of liberty, oppression of freedom of speech, destructions of homes/properties, etc), despite numerous, repeated condemnations by ECHR. So that CoE's Ministers, due to "supervise execution" of ECHR's judgements, are overloaded.   

F.ex. most Media noted that Turkey still remains, even in 2008, the 1st among 47 CoE member States in the number of condemnations by ECHR :  257, compared to 233 for Russia, with a population more than the double..    

The problem is that it's not the 1st time at all : During all the last Decade 1998-2008, Turkey was condemned by ECHR much more than any other State, and for particularly grave violations :   

- 1.652 condemnations, compared to 605 for Russia, 548 for Poland, 494 for France, 476 for Ukraine, etc.   

Italy's second place with 1.394 condemnations is a misleading false appearance : In fact, most of them (999) concern mere "procedural delays" in national courts. Same for France.   

On the contrary, Turkey was condemned 180 times for Killings, 192 times for Torture or Inhuman/Degrading treatments, 340 times for arbitrary deprivation of Liberty, 528 times for "Unfair trial", and 169 times for oppression of Freedom of speech, (etc). And the latest, 2008 numbers, indicate no change in this trend, (See supra).   

The current Spanish CoE Presidency (November 2008 - May 2009) has made of the implementation of ECHR's judgements its 1st Priority.   

ECHR's President, Jean-Paul Costa, stressed in its 2009 Annual Press Conference, CoE Member States' obligation to implement the judgements, according to Article 46 of the European Convention on Human Rights.   

Moreover, if CoE's Committee of Ministers delays to ensure implementation, then, the repetition of violations in similar cases provokes a multiplication of complaints tabled to the Court, which overload the mecanism for the protection of Human Rights, denounced Costa.          

A series of Debates on "the situation of Human Rights in Europe", focusing on the "need to fight against Impunity" of perpetrators of grave crimes, is  currently prepared by CoE's Parliamentary Assembly for the session of June 2009.  

The final Timing comes shortly AFTER the EU Elections, but the main Reports should have been adopted before.

Meanwhile, French President Sarkozy and German Chancelor Merkel's recent call "for a Political Europe" in 2009 EU Elections (See earlier "correspondence from Paris, Elysee Palace), seems more and more endorsed also by other EU Countries' Top MEPs :

Thus, f.ex., EU Parliament's 1st vice-President, Greek MEP Mrs Rodi KRATSA, speaking to "EuroFora", agreed that 2009 EU Election would be a "naturally good" opportunity to debate what really interests EU Citizens : "The Future of a Political Europe, able to face the Economic Crisis, with a Culture and identity which attracts the People"

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(Photo taken earlier during Sarkozy's 1st visit at EU Parliament, in 2007 : Sarkozy and Merkel's Ideas for a Political Europe inspire also other EU politicians accross the continent)..
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