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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"+).

 

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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    EU Rapporteur on Enlargment Strategy, maistream German MEP Elmar Brok, speaking to "EuroFora", welcomed the proposal made earlier this week by French President Nicolas Sarkozy for the EU to"start Now Talks with Turkey to create a common Economic and Security area", instead of full Accession, at a period when Ankara looks more and more unfit and/or unwilling to respect EU conditions.

    - "For Europe to have strong Political will, it must stop dilutiing itself in an endless Enlargement. It must have borders...Diversities enrich, on the condition that they don't undermine European Cohesion, and don't weaken EU Unity", Sarkozy stressed.
    
    - "Countries like Turkey share a part of common destiny with Europe, with which they have a vocation to build a Privileged Relation, to be closely associated, but not to become Member of the EU"  : "Noone respects his friends by telling them lies. Noone respects his friends by making them promises that will be never kept", he added.

    That's why "we'd better start, from now, negotiating with Turkey to create a common Economic and Security area", Sarkozy proposed.

Significantly, the French President was repeatedly and largely applauded by EU citizens, 3 times, when he made the Turkey point, (strategically placed between Europe's "Political Will" and its cultural heritage, historically open to mutually enriching dialogue with all the World, but never diluted).

    - "We could propose such a great ambition also to Russia, which must not be percieved as an Adversary of Europe, but as a Partner. Thus, we'd create a wide area, of more than 800 Million inhabitants, sharing the same Security, the same Prosperity", he concluded.

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    Sarkozy's move was anounced at the eve of a Franco-German Top meeting with Chancellor Angie Merkel in Berlin on Sunday, to jointly launch the EU Elections campain, after an EU Summit at nearby Prague, to launch a new kind of relations, called "Eastern Partnership", with neighboring countries such as Urkaine, Belarus, Moldova, Georgia, Armenia, Azerbaidjan, etc, (to which Russia, reportedly, is not - and does not want to be - included).

    As for Ukraine, which has already expressed her wish to join the EU in future, "Kiev will have a special place, and a very important role to play", replied earlier this week in Strasbourg, to an "EuroFora" question EU Chairman in office , Czech vice-Prime Minister Alexander Vodra.

    - "This direction is more Realistic for Turkey than Accession negotiations", reacted immediately EU Parliament's Rapporteur for Enlargment Strategy, mainstream German MEP Elmar Brok, commenting Sarkozy's idea for "EuroFora"

     Particularly "as far as it concerns the respect of EU Rules by both sides", he added, hinting at Turkey's now obvious inability and/or unwillingness to abide with EU Acquis, EU Commitments (fex. on Cyprus, etc), and European Democracy/Human Rights rules. (Comp. infra).

    Brok added that, in his view, a similar proposal might be made also to Ukraine and other neighbouring Countries, regardless if they have, or not, a "European vocation". This would not necessarily mean that there couldn't be any accession prospects at all." for all the countries that might be included in this area, according to Brok.  But it's preferable, particularly for Turkey, "because it's a more Realistic approach than full Membership".

    On this point, Sarkozy's proposal, (which he'll share with German Chancellor Merkel), seems more crystal-clear.

daul_in_press_file_400

    - "Turkey does not fullfil EU Criteria, and will never fullfil EU Criteria" on Human Rights, Democracy and Rule of Law. "Some have been lying to Ankara, but we must tell the Truth, and have honest and close relations with her", said meanwhile to "EuroFora" on the same issue also the President of EU Parliament's largest Group of MEPs (ChristianDemocrats/EPP), Joseph Daul.
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"Hot" Debate at EU Parliament reveals CHANGE of mood towards "Suspension" of EU - Tukey talks.
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    Earlier this week, many MEPs, and even some of those who were previously in favor of Turkey's controversial EU bid, strongly criticized the persistance and even aggravation of serious Human Rights violations in the country, that ECHR continues to "unanimously" condemn ":

      - "After winning a big victory in the latest Local Elections, the pro-Kurdish party DTP almost doubled its Elected Mayors from 52 to 98", but afterwards "more than 400 politicians were thrown to Prison and prosecuted" by the Turkish Authorities, denounced on behalf of the ChristianDemocrat/EPP Group, Belgian MEP Frieda Brepoels.

     At the same time, "more than 1.500 Children are closed in Turkish Prisons", she added. "What will the EU Commission do" against these facts ?

- "Turkey appears to be at greater Distance away from Copenhagen Criteria after 4 Years of accession Negotiations, than when they started !", denounced on behalf of the Liberal Group, German MEP Alexander Lambsdorf.    

"On the central issue of Press Freedom, Critical Journalists face obstacles for their accreditation, others are prosecuted, condemned, fined and/or jailed, Media blocked or closed", he denounced.   

 - "EU Made 2 grave Mistakes with Turkey : To start accession negotiations, and to continue them", despite everything, criticized Dutch MEP Bastian Belder, on behalf of the Ind/Dem group.

(../..)

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