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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?

Parašė ACM
Tuesday, February 13, 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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It's important to create a synergy between "mutually stimulating" EU Countries' moves in order to overcome an "Unjust" Crisis "imported from USA", stressed new French Minister for Economic Revival, Patrick Devedjian, in Strasbourg, warning also that, while hoping for a vigorous Obama US Plan, nevertheless, "Time" is of essence for Europe...

In fact, it's EU's own interest to act Fast, before June 2009 EU Election, since, with Lisbon Treaty not ratified yet, it cannot face again the risk of a Majority Abstention, as back in 1999 and 2004, nor another "anti-EU" mood among Citizens, as in the 2005 French and Dutch "No", followed by the 2008 Irish "No", without endangering rare Historic opportunities, currently open for the EU, whose future is at stake.

From Social issues up to High-Tech Scientific Research, concrete action for Economic revival started from Strasbourg and its European dimension, for the new super-Minister Patrick Devedjian, who visited a Popular Social Housing and Infrastructure project at nearby Hagenau village, before meeting new leaders of Strasbourg's unified mega-University in a Scientific Labo at the Campus, close to EU Parliament and CoE headquarters.

Devedjian, who met also with all the spectrum of Local Political  deciders of Alsace region, close to FrancoGerman borders, wants for deeds to meet the words, in real practice, whenever politicians speak about Strasbourg and Europe's development.

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Devedjan to "EuroFora" : "European coordination can act as a multiplicator by mutual stimulations"
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Devedjian was questioned by "Euro-Fora" on his expectations for reciprocal effects of coordinated European plans :

- "We are living in a (European and Global) system where borders are transparent : When we take measures in France, they produce effects also in Germany, in Belgium, Italy, Spain, or other EU countries, and vice-versa. "So, we can have mutually stimulating effects between national revival Plans, if they are somehow coordinated", ..."They can augment each other's effects, acting as multiplicators and levers". "As a State stimulates Local authorities and Private business, similarly, each EU country's economic revival plan may multiply the effects of other EU countries' actions", he told us.

- "F.ex., when I visited Strasbourg University's Scientific labos, they told me that part of the renovation, funded by France, is realized by German companies located only a few Kms away from the border. Thus, the French revival plan benefits also the German economy. And vice-versa : when Germany takes certain measures, they can have beneficial effects also for French companies"

In an era of Globalisation, "nobody can close and isolate himself inside a Fish-Bowl !", he concluded.
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Economy's revival starts from Strasbourg and Europe, for new French Minister Devedjian
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This could be one of the reasons for which the new French Minister for Economic Stimulus chose to make his 1st visit to Strasbourg, the headquarters of European and Paneuropean Institutions, in the Franco-German river borders at the heart of Europe.

- "It was President Sarkozy's idea", he revealed, adding also fresh "support to Strasbourg's European vocation, not only with words, but also with deeds" :F.ex., the completion of a High-Speed Train network, due to stimulate fast links with Germany, Austria, Italy, Hungary and other central EU Countries.

- "This Crisis is Unjust for Europe, because it wasn't its fault". The greatest part of the "Crisis was imported from the USA, where problems are deeper than here'', in the EU. The Crisis "wasn't due to a bad managment by Europe", who was affected by problems which emerged elsewhere. That's why Europe must be united and active enough to face this challenge. said Devedjian, who has just won +5% in popularity...

- "I hope that there will be an "Obama-effect" also on Economy, and that the Plan of the New American President will be substantial enough to face this crisis, which is worse in the USA than in our area", Europe, he added.

"Economic Revival overcomes political divisions : F.ex. Strasbourg's Socialist Mayor "Ries agreed that State actions funded by Public Debt are justified during such exceptional circumstances", noted the Center-Right republican Minister.

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"Zeitnot" for 2009 EU Elections ?

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"My problem is Time", stressed Devedjian from the outset, at Strasbourg's University. "I have to engage 75% of funds in 2009, out of a total of 29 Billion euros", he explained later. "Monitoring will be of essence", because we must "avoid bureaucracy or delays. No project should get lost or neglected in complex meanders of adminstrative offices' moving sands", he warned.

- "I must create activities in the middle of the Crisis", he added. Questioned by EuroFora whether he aims to start creating some "hopes before the June 2009 EU Elections", Devedjian, a former leader of the Governing Political Party in France: UMP, did not immediately reply, but revealed, later, that he "hoped to start at least some Projects on May 2009, even if the bulk of Revival Plan's effects are "expected from Autumn 2009".

However, with only 30% of EU Citizens currently aiming to cast a vote at the forthcoming EU Elections on June, (See other NewStory), the  coordinated moves' results are expected to be crucial for Citizens' participation and votes at the forthcoming June 2009 EU Elections throughout all 27 EU Member Countries...Thus, it's vital for all Europe's own Future that coordinated national Economic revival plans start to have concrete results and create hopes for new dynamics before the June 2009 EU Election...

A real challenge, since careful choices are needed : Our aim is to fund projects which "create activities", even "in the middle of the crisis", and have a "lever effect, attracting other investments", Devedjian said. Because the "Stimulus' Plan has 2 aims : A Tactical one : to create New Activities. And a Strategic one : Choose what can become efficient and useful also in the Long-term". 

- "Are you ready ?", he asked Strasbourg University's new President, professor Alain Beretz, with some 700 million euros in his pockets for Education-Research in France. - "We are !", he replied.

- "The Minister's initiative can accelerate funds, and Time is important for us. This concerns the entire renovation of all our buildings", said to "EuroFora" President, Beretz. "I showed some Scientific Research Labos to Mr. Devedjian. But, If we had more time, I could show him also some Education Amphis, whose condition needs to meet Strasbourg's new Mega-University's ambition" to reach the 10 best in the World, as Prime Minister Fillon earlier anounced here.

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(Devedjian kicks off his Economic Revival tour from Strasbourg University, meeting with its new chairman Beretz, at Scientific Institute Le Bel) 

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Regional Prefectures should gather and select projects to be presented for decision before the end of January 2009.

A well-known close friend of President Sarkozy, who succeeded as EU Chairman to launch, in agreement with German chancelor Merkel and even British prime minister Brown, vigorous EU actions against the Financial/Economic Crisis, (starting from the 1st Historic Summit of EuroZone's Heads of State/Government, October 12 at Elysee Palace, followed by Washington G20 Global Summit), Devedjan will have a key role in the realisation of National and EU plans recently agreed in Brussels.

President Sarkozy is expected to arrive himself in Strasbourg, on the occasion of the official inauguration of its brand New Mega-Hospital, on the 9th of January 2009, at the eve of EU Parliament's session here, Elysee confirmed shortly after Devedjian's visit.

EU is due to review its economic revival plans at March 2009 EU Council in Prague, before the April 2 London Global Summit.

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Multi-facet concrete activities at focus : Stimulus Minister Devedjian at the Political, Social and High-Tech fronts in Strasbourg...

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