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Home arrow newsitems arrow EUOmbudsman Press Head Gadesman to EF on Citizens in Decision-Making: Transparency OK, but Dialogue?

EUOmbudsman Press Head Gadesman to EF on Citizens in Decision-Making: Transparency OK, but Dialogue?

Written by ACM
Tuesday, 13 February 2018
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*Strasbourg/Angelo Marcopolo/- "Eurofora"s Project for Citizens' Debates with European Institutions before important Decisions affecting their Lives and/or Society at large, is obviously Facilitated by EU Moves "Starting Today", as far as prior "Transparency" is concerned, including even EU Council's Member States' positions during Deliberations in Brussels, (until now kept Secret), but could be Followed asap also by "Dialogue", as it results, in substance, by the Replies given to our Questions by the Press Director of EU's Defender of Citizens, alias Ombudsman, Gundi Gadesmann, (or, rather, Nowadays : "OmbudsWoman", since, for the 1st Time in History, the current EU Top Official is a Lady : Emily O'Reilly, an experienced former Long-Time Journalist, and also National Ombudswoman from Ireland).


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- Using EU Lisbon "Treaty-Based Rights", "EU Citizens should be EmPowered to ... Participate in the Democratic Process, and Seek to Influene Decisions on New Legislation", stressed, as a matter of Principle, Emily O'Reilly's Conclusions, Published Today and send by EU Ombudsman's Press Service to Journalists, including "Eurofora", following a one Year-long (2017-2018) "Strategic Inquiry" at her own Initiative, after becoming "Aware of Concerns about percieved Lack of Accountabiity and consequent Lack of Opportunity for Citizens' Participation" in EU Decision-Making, particularly Because there is Not "Sufficient Openness to Allow" that.


- Indeed, according to the 1st Article of EU's Lisbon Treaty, "Decisions are Taken as Openly as possible, and as Closely as possible to the Citizen"


+ To which is Added also Article 10, alinea 3, which stresses that "Every Citizen shall have the Right to Participate in the Democratic Life of the Union". Therefore, EU "Decisions shall be taken as Openly, and as Closely as possible to the Citizen".


>>> In that regard, EU's Lisbon Treaty "marks a NEW STAGE" in EU Integration "process of creating an ever Closer Union" among European People, reminds Aticle 1.


The Concrete Occasion in order to remind those General Principles, had been given to O'Reilly by Problems Faced by EU Citizens in knowing the Position of each EU Member State during the Deliberations of EU Council :

Until Now, this was Not made Public, as well as several related Documents, seriously Restricting the Transparency of EU's Decision-Making process, and Limiting the National Governments' Accountability, vis a vis interested Citizens, in National and/or European Elections.


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+ But as a matter of Principle, O'Reilly made now a Wider Reference, (in order to better Motivate her Decision for more Transparency, related particularly to EU Citizens' role regarding the Decision-Making Process of Public Administrations), to the Fact that EU Parliament already practices a full Transparency (via Internet "streaming" and Videos on line) of MEPs' Debates and Votes in its Commission's work for the Preparation of Final Decisions by the Plenary Sessions, afterwards :

I.e. an Idea which was Conceived, Decided and Announced by former EU Parliament's President, Professor Jerzy Buzek, (former Prime Minister of Poland), during a Press Contact with "Eurofora", as early as, already since July 2009, as one among his Practical spontaneous Reactions when we had Discussed with him, precisely, the overall "Eurofora"s Project, on EU Citizens' Debates with MEPs Before Final Decisions are taken by EU Parliament's Plenary, using also New Communication Technologies in order to Facilitate and Simplify things, (for which, he had kindly Asked us to Send him also a Written Note : See http://www.eurofora.net/newsflashes/irish/buzekeurofora.html). 

Buzek is, Nowadays, President of EU Parliament's Energy, Industry and Scientific/Technological Research Commission, which naturally deals also with various Topical Issues concerning the Internet, etc, (Comp., f.ex., a Recent INTW given by Buzek to "Eurofora" on 2017, at : http://www.eurofora.net/newsflashes/news/buzekoneucloud.html).

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 By a Coincidence, the above-mentioned 2018 Move from EU Ombudsman was announced Today Morning just Hours after "Eurofora" spoke, Yesterday Evening, in a Collective Meeting organized by Strasbourg City on "European Democracy" projects about Big Changes introduced, on the Key issues related to our Project, precisely by EU's latest "Lisbon" Treaty, (which was, notoriously, Drafted since 2007, but didn't Enter into Force before 2010). A key point, which, curiously, didn't seem well known (and/or acceptable) by some, not even Eleven (11) Years Later, on 2018...  

- Already, as Early as since January 2010, (i.e., practicaly, from the Beginning of the current, EU Lisbon Treaty), the Experienced, Twice Elected, former EU Ombudsman, Professor (of Law) Nikiforos Diamandouros, speaking to "Eurofora", had clearly Announced his Intention to Start Using EU's brand new "Charter of Fundamental Rights and Freedoms", (part of Lisbon Treaty package), and, particularly, the General Principle of "Good Administration", 'established by EU Charter's Article 41), in a very "Wide" way, in Addition to "Transparency" Issues, which might, Taken Together, become Key Building Blocks for "Eurofora"s Project's main Idea :


I.e. by including, f.ex., the Legal Principles of "Impartiality" and "Fairness", as well as of  "reasonably Timely" Public Administration's Decisions, added to Citizens' Rights to "be Heard", have "Access to ...Files" affecting their "affairs", as well as for a Motivation giving the "Reasons" of Decisions :

=> A coherent series of Rules able to push for a kind of Dialogue between Citizens and Public Authorities, (since the "Reasons" of their Decisions should, normally, Reply to affected Citizens' previous "Hearing", as National Administrative Law often precsribes also in several EU Countries, etc), serving also as a Safeguard against eventual Abuse of Discretionary Power. (See: http://www.eurofora.net/newsflashes/news/euombudsman.html , and Comp., as far as PanEuroepan CoE's recent similar Legal tools are concerned : http://www.eurofora.net/newsflashes/news/coeruleoflawchecklistandeuroforaproject.html , etc. Comp. also various Other Statements by Diamandouros, as well as by his Predecessor : the 1st EU Ombudsman in History, Jacob Söderman, to "Eurofora"'s co-Founder, Published, Earlier, to "TCWeekly" and/or "MPAgency"+).

 

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++ But EU's Lisbon Treaty's Innovations as far as it concerns "Eurofora"s Project (Comp. Supra) are Not Limited Only to those "Transparency" and/or "Hearing"+"Motivation Issues, already Evoked Above, regarding Citizens' role in EU Decision-Making.


 >>> Indeed, according Article 11 of the Treaty, alineas 1 and 2, Adds also that "Institutions shall ... Give Citizens ... the Opportunity to make Known, and publicly Exchange their Views, in All areas of (European) Union Action", as well as, that "Institutions shall maintain an Open, Transparent, and Regular DIALOGUE with ... Civil Society".


O'Reilly did Not Refer, in her above-mentioned Decision Published Today, to this EU Treaty Article, simply because it was Not yet Necessary for the sole purpose of Disclosing Member States' Position during EU Council's collective Deliberations, which was at the Focus of her latest Strategic Inquiry.


However, this EU Lisbon Treaty's Addition of Citizens' Right to "make Known, and publicly Exchange their Views, in all areas of (EU's) Action", as well as, for all "Civil Society", to "maintain an Open, Transparent and REGULAR DIALOGUE" with EU "Institutions", (thanks to "appropriate Means", provided by them), Naturally lies at the Heart of "Eurofora"s Project, for EU Citizens' Debates with EU Decision-Makers (as MEPs, EU Commissioners, Member States' Representatives, EU Council's Presidency, and various specific EU Bodies, partly also National bodies when applying EU Law or Principles, etc), Before they take importan Measures which affect their Lives and/or Society at large...


=> In consequence, "Eurofora" raised, on Today's Occasion, a Question to EU Ombudsman's Press Director, Gundi Gadesmann, on whether these important Additional Possibilities for Citizens' Participation in EU's Decision-Making process, as prescribed by Lisbon Treaty's Article 11, perhaps were or will be Examined by any relevant O'Reilly's Enquiry, in the foreseable Future.


- Gadesmann reminded that a Similar, but quite "Particular" Issue had been Raised, in the Past, just on the occasion of a "Religion-related" Case, but, at First Sight, Not yet as a matter of General Principle, as in "Eurofora"s Query.


- Nevertheless, she did Not Exclude at all that such an Important Development (which was also Timely : given both the forthcoming 2019 EU Elections, and the current Political Context in most EU Countries, with Electoral Abstentions, rise of so-called "Populism" and/or "EuroScepticism", as well as Citizens' DisTrust of Establishment's mainsream Medias, often also Politicians, etc), might, Indeed, eventually Pop-up at the Forefront of EU Ombudsman's Future Activities, during the Next 1 or 2 Years, etc.


 - She even went as far as to kindly Suggest, amused, that, if there were Sufficient concrete Elements, and if "Eurofora" really Felt so Strong about that Issue, perhaps, since Journalists are also simple Citizens, we might, eventually, take an Initiative to Lodge a relevant Application to EU Ombudsman ourselves, asap...

 

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+ Already, anOther Lisbon Treaty-related Variant of the project Supported during +20 Years (1997-2017+) by "Eurofora" co-Founder, (Comp., f.ex.: http://www.eurofora.net/walstrom.html , etc), was to Add to that Radical Innovation which is the EU "Citizens' Initiative" mechanism, (prescribed by Article 11, alinea 4, significantly the Same which also speaks about "Regular Dialogue" with Citizens: Comp. Supra), also a Debate with MEPs and an EU Commission's Representative in EU Parliament, independently of whether that Initiative's concrete Suggestion was going to be Endorsed also by a Commission's Official Proposal for a New EU Legislative Measure, or not:

 

Indeed, this had Not been Foreseen at all by the Treaty, but when "Eurofora" explained the main Reasons for such a Debate to EU Parliament's competent Rapporteur, former Minister for EU Affairs, ChristianDemocrat/EPP, MEP Alain Lamassoure, he found the Idea Interesting and Endorsed it, as well as EU Commissioner Maros Cefcovic, and that Mechanism works like that since then, introducing, for the 1st Time in History, a Cutture and concrete Practice of EU Citizens - EU Decision-Makers Debate inside a New Procedure related with EU's Legislative Process, (See, f.ex.: http://www.eurofora.net/newsflashes/news/debatesincitizensinitiatives.html , http://www.eurofora.net/newsflashes/news/eucitizensinitiativestobeheard.html) , with an Important Potential, which has not yet been fully realized, (See : http://www.eurofora.net/newsflashes/news/eucitizensinitiativenewdecisionmaking.html , etc).


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+++ An Other Interesing point was also the Fact that Gadesmann found Plausible that EU Ombudsman could, eventually, use her contacts with the CoE, (Headquartered in Strasbourg, as also O'Reilly's main office), and/or the European Network with National Ombudsmen that has been created since er 1st Predecessor : the 1st EU Ombudsman, Jacob Söderman. (See "Eurofora"'s relevant Publications also at "TCWeekly" and/or "MPAgency", then).


Not only in order to Spread the above-mentioned Ideas, issued from O'Reilly's latest Findings, anounced Today, and Strengthen their Implementation, as far as EU Law is concerned.


But also in order to Discuss these matters with, and eventually influence even a Wider circle, well Beyond EU Law's area, such as PanEuropean CoE's 47 Member States, and/or National Ombudsmen's activities also on National Law cases, (since They Apply Both EU and/or National Laws), Helping to Forge One main Legal Culture across Europe, at least as far as Citizens' participation in Public Authorities' Decision-Making is concerned, (as well as to eventually Exchange "Best Practices" concrete examples, if and where they might exist).


=> Indeed, EU Ombudsman's Press Director revealed to "Eurofora", also for such a purpose, that the Next Annual Conference of European Countries' Ombudsmen Network, (initially created by Sôderman), is due to meet very Soon :


- At the Beginning of "March" 2018, offering, indeed, an opportunity for O'Reilly to eventually Launch such Discussions on her Latest Jurisprudence about EU Citizens, Published Today, also accross a Wider Area, particularly in the context of current and forthcoming debates on European Society's foreseable Future.

 

 

(../..)

 

 

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***

 

 (NDLR: Headline PHOTOS = Parlement Européen

+ Patchwork Synthesis = Eurofora)

 

***

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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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