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Αρχική 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?

Έχει γραφτεί από 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"+).

 

eu_ombudswoman_on_2017_good_administration_award_brx_photo_eu_400 

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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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    - "Europe must be liberated from this undermining "wooden talk" of a "unique thought" which hampers democratic debates", stressed incoming EU Chairman, French President Nicolas Sarkozy, speaking to Journalists after his official meeting with EU Commission's President, Jose Barroso, at Elysee Palace in Paris

    - "It's precisely because there are not enough Debates, that EU hasn't managed yet to make it clear to European citizens what is really at stake", he added, in an obvious reference to the latest Irish "No" in 2008, after a long series of similar, unprecedented events, from the 1st Majority Abstention to EU Parliament's Elections in 1999, repeated in 2004, to the Dutch and French "No" in 2005, etc.


dsc00983_400_01
   
          In fact, "there is no time to lose for Europe, and that's why we decided to start the French EU Presidency right away, from the first day", he explained, on France's exceptional choice to schedule the usual meeting with EU Commission from the 1st day of the 1st month, instead of the 5th, 6th, 7th, 8th, 9th or even 10th or 11th, as it had been done by others in the Past..    


    - "This is not an easy period, but we shall act with determination, while also listening to Citizens' views", he promised.

    Sarkozy's move came shortly before his opening Speech, next week in EU Parliament in Strasbourg, for the first Public Debate on the Priorities of the French EU Presidency (July - December 2008), and that's one of the reasons for which he significantly opened his EU Council's Chairmanship by welcoming at Elysee palace EU Parliament's President, German MEP Hans Gert Poettering at first..

    The incoming EU Chairman was replying to Press Questions about rumours that controversial British EU Commissioner on Trade, Mandelson, was alone to drop an invitation to have a working Diner at Elysee palace, together with all other EU Commissioners and the French Government, only because he would have been upset for some critical points made earlier by President Sarkozy in defense of European Agriculture vis-a-vis its Foreign competitors.

    But, as smiling Sarkozy played down Mandelson's reported refusal to debate, saying that he had to visit Marseille for a Ministerial meeting on Trade the next morning, and that "all our British friends are always welcome to taste a nice diner" in France, perhaps at another occasion..

    - "It's urgent to win anew the trust of the People" : Lately, "the European ideal lost its momentum. Since several years, whenever Citizens are questioned on Europe, they react with reserves : They even have .. a tendency to reply "NO".. After this 3rd "No" of a People in some years, there is an Urgency to convince", added French Prime Minister Francois Fillon, after a meeting earlier the same day of all Ministers with EU Commissioners, followed by an interview with Barroso

    "According to recent Polls, only 30% of French people believe that the European construction is a source of hope. It's only a poll, but we all now quite well, that, since 2005, it's dangerous to neglect these alarming signals, as it would be dangerous to treat with contempt the Irish "No", Fillon warned.

    "We all have a common duty to prove to the European Citizens who have doubts, that EU is more useful, more necessary, than ever" : And "that EU can take decisions needed in order to respond to European or Global challenges", the Prime Minister concluded.

    - "We believe, together with President Sarkozy, that EU should open debates on all issues of direct, concrete interest to Citizens", confirmed later to EuroFora the Head of France's governing party (UMP), Patrick Devedjan, after his speech to the European People's party (EPP) Study Days in Paris (2 - 4 July 2008).

    He didn't deny that one of them is Turkey : - "Public Opinion in France is very much unfavorable to Turkey's EU bid, and President Sarkozy has said that several times", he told EuroFora.

    From European Central Bank's controversial policies on Euro's value, to EU Enlargement Strategy, etc., issues of obvious importance to EU Citizens will be plenty, next week in EU Parliament in Strasbourg, before President Sarkozy launches the debates on EU 2008 French chairmanship's priorities on Thursday.

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2009 EU Elections were won by Parties against Technocracy and Turkey's controversial EU bid, while the 1999-2004 Majority Abstention trend decelerated. What should be done in 2009-2014 ?

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