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Home arrow newsitems arrow Attempt for EU clone of CoE Venice Commission in Hungary's case, leaves EU Parliament divided...

Attempt for EU clone of CoE Venice Commission in Hungary's case, leaves EU Parliament divided...

Written by ACM
Wednesday, 03 July 2013

 

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*Strasbourg/EU Parliament/Angelo Marcopolo/- EU Parliament's Rapporteur on Hungary, "Green" MEP Tavares, replying to "EuroFora"s and other Media Questions in a Press Conference in Strasbourg on a Controversial attempt, just Droped or Ignored by more than 50% of MEPs, to practically "clone" CoE's Venice Commission, apparently in order to get an even more extensive criticism against the popular ChristianDemocrat/EPP Government of the country, (f.ex. on the Definition of Family, etc), that many denounced as "Politically Motivated" and for reportedly practicing "Double Standards", didn't manage yet to explain, among several other controversial aspects, not even why a new, Heavy Mechanism to which it wanted to submit Budapest, couldn't even be checked by an EU Court...

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Almost all the Votes revealed a crystal-clear Division of EU Parliament, with generaly more MEPs voting Against, Abstaining or Not even Participating at the votes, than those who supported that controversial Resolution : F.ex., among 765 MEPs, often only about 365 voted in favour, while almost 337 voted against, 8 abstained, and more than 60 (i.e. a Total of more than 400 MEPs !) did not even participate.....


The strong Opposition to the Tavares' Report was mainly led by the Groups of ChistianDemocrats/EPP, the Conservatives/Reformists (ECR), the Freedom and Democracy group (EFD), almost all "Non-Aligned"é/Independent MEPS, and even most among the Leftist MEPs !...
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- Replying to 2 "EuroFora"s questions, during a subsequent Press Conference in Strasbourg, EU Parliament's Rapporteur, Rui Tavares, a "Green" MEP from Portugal described, inter alia, a "Mechanism" composed of a "Trialogue" with EU Commission, EU Parliament and EU Council representatives, added to an "Alarm Agenda" process,  but also to the creation of a brand-new body, initially due to be called "Copenhagen High-Level Group", etc, due to be equiped with quite extensive Competences on sensitive issues, but without having been agreed in any EU Treaty reform, as Hungarian Prime Minister Victor Orban denounced yesterday.

+ What seems even more important, at least from a Legal and practical point of view, is that Tavares found it apparently Difficult to give a satisfactory and clear rePly to a  2nd "EuroFora"s Question about the existence, of absence, at least of some efficient Checks and Balances by any Independent Court :


-  "EuroFora"s complementary  Question raised the specific issue of Hungarian rime Minister Victor Orban's critical remark, yesterday, about the need, at least, "for a kind of Court : Be it f.ex. the Luxembourg (EU) Court (of Justice) or another Institution, i.e. an Independent Body, to be able to Check the use of this (proposed EU) Mechanism", "as a matter of General Principle".

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- "No, We already have a Court in the EU, which is EU's Court of Justice", Tavares limited himself to repeat, but without explaining what Role the ECJ could play in these cases..


+ "We (MEPs) are not behaving as a Court, but doing what a Parliament should do", he simply added.


- "The Copenhagen High-Level Group that we already refered to (Comp. Supra), is due more to Watch on us (EU Institutions), than to watch on Individual (EU) Member States' Governments", he went on to say. What it would do is to see that we (EU Paliament) are not going Too Far, or Not Far Enough, in any individual case", he tried to explain.


- "They would make sure that we (EU Parliament and/or EU Commission) are abiding by the (EU) Treaties", Tavares said, (apparently touching there to issues which sould, normally, be Checked, precisely by the ECJ in Luxembourg)....

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... "And they would make also Recommendations for the Future. Because, of course, everybody recognizes that the EU is not yet perfect now, it was certainly not perfect in the Past", as he said.


+ "We need to have this kind of Non-Political Body ; It will be composed of Members of (National) Constitutional Courts, Members of the Supreme Courts, Jurists of Recognized Independence, Competence, and with High Prestige among the other Peers, who can provide the kind of Normative "Judgements" that we have from the (CoE's) Venice Commission, for instance, and give us Recommendations for the Future", he concluded, (still remaining without any convincing explanation for the Absence of any  visible independent Court guarantee).....                                       
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=> This probably incited also another Journalist to practically ask Tavares the reason for his insistance to almost "Clone", in that way, COE's already existing "Venice" Commission :


    - Tavares replied that, - "We (MEPs) highly respect (CoE's) Venice Commission, and we have already used its work" in the Past. .. "It is a very important Help".
- But "the CoE is a Differend Institution, .. it has more than 40 Member States (47), including many that are Not EU Members, not even Candidates to become EU Members", while, in addition, "the EU aspires at the Higher Standards", Tavares replied.


    + Moreover, "we (EU) have a more demanding Legal Base on Fundamental Rights, since the (EU) Lisbon Treaty", so that a landmark EU Parliament's Report drafted by MEP Kinga Gal on 2010, even speaks about "a New Architecture",  for Fundamental Rights and Rule of Law, after the Lisbon Treaty, etc., but we (EU) are not yet fully Equiped in order to ensure that these Values are concretely materialized", he reminded. So, "our proposals (Comp. Supra), are the 1st concrete Steps in order for the EU to get equiped with what it needs.


    Thus, the real problem is elsewhere : EU Council is not dirfectly elected, and EU Commission not even indirectly... So, EU Institutions' Democratic Legitimacy needs to be completed, by advancing to the road of European Democracy, he added, accepting, in principle, "Hungarian MEPs' criticism", when they told us (EU Institutions) that "you are not yet Democratic enough" : That's true, and it has to change, EU Parliament's Rappporteur concluded.


    But Tavares obviously didn't manage to explain why such important Changes, astonishingly made here only in a Report concerning .. Hungary, and nobody else among EU's 27 Member States, shouldn't be made, as usual, through an Official, contradictory and Transparent collective and inclusive process of "Democratic Reforms" at the existing EU Treaty, as Hungarian Prime Minister Victor Orban has already wondered, since his critical statements, yesterday in Strasbourg...

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Meanwhile, MEP Manfred Weber, Vice-Chairman of the biggest Group in EU Parliament : that of ChristianDemocrats/EPP Group. strongly criticized Tavares' Report on Hungary, as "a wish list of the ... Leftist  parties who aim to impose their own political agenda on Hungary", while, in fact, "EU Parliament has no competence to act as a tribunal and tell people how they have to live”, "nor  any right to interfere in issues such as defining Marriage  and references to Christianity in (a National) Constitution. These belong solely to national competence. The dozens of ....recommendations to the Hungarian Parliament and the setting-up of a monitoring procedure to assess their implementation, have no legal basis and are totally unacceptable. The EU Parliament must not turn itself into a Big Brother"


“It is the European Commission- as the Guardian of the Treaties - which has the competence to objectively assess the compatibility of national legislation with EU laws. The EPP Group supports the Commission’s findings and welcomes the fact that the Hungarian Government is delivering the EC’s appeals as confirmed by José Manuel Barroso yesterday”, added Manfred Weber.
 

(../..)

 

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    The incoming Swedish EU Presidency (July-December 2009) may still remain in favour of Turkey's controversial EU bid, despite June 2009 EU Elections' results, but it has "very strong demands on Turkey"'s obligation to respect EU Rules, said the Head of Swedish Foreign Ministry's Press Service, Cecilia Julin, to "EuroFora", reacting to critical Press reports.

    - "I know (that) the link is often made also to Sweden's position on Turkey"'s controversial EU bid. Indeed, "we (Swedish EU Presidency) are very much engaged in the future membership of Turkey, but not without fullfiling all the Criteria".

    - "It's very clear that we (Swedish EU Presidecny) have very Strong Demands on Turkey, in a sort of concept for Future membership of the Union, ...which will be a Long Process...", she stressed.

    This means, in particular, "the Copenhagen Criteria (on Human Rights, Democracy and Rule of Law), and also the adaptation to the Acquis of the European Union".

     - "If you listen to what Mr. Bildt (the Swedish Foreign Minister) says on Turkey at different occasions, it's very clear : We want Turkey to become part of the Union, in the Future. But we want it to fullfil all the Criteria : The Acquis of the European Union. That's very clear", she concluded.

    The Senior Official of the Swedish Foreign Ministry was reacting to critical Press Reports, from Brussels' Journalists invited by EU Commission's secretariat to Stockholm, who claimed that Bildt was abusing of a ..."Whip" (sic !) against Cyprus, by "threatening" the presence of UNO's Peace-keeping force at the "Green line" which separates the island's Government-controlled areas from the territories occupied by Ankara's army, if Nicosia didn't accept any political solution, regardless of Turkey's demands, before the end of 2009.

        Governing AKEL Party's new Secretary General, Andros Kyprianou, reacted by declaring that no-one can threat the People of Cyprus : -"We shall decide for our Future, and nobody else",  he reportedly said, asking to "keep calm". "In order to find a Solution soon, certain basic Principles must be respected", he stressed, calling those who feel an urgency to use their influence on Turkey. Other Political Parties were more critical.

    This was a reference to recently reported statements by Turkish Minister Bagis, Prime Minister Tayip Erdogan and Turkey's National Security Council (a Military-Political body), accused to push towards a partitionist "2 States" solution, contrary to UNO SC Resolutions for Cyprus' reunification.

    December 2009 is a crucial moment for EU's appraisal of Turkey's controversial EU bid, because EU Council has decided to review then Ankara's compliance with the European position on the recognition of Cyprus' Government, which was clearly set out by an EU reply of 21 September 2005 to Turkish Prime Minister Tayip Erdogan's claims, refusing to recognize even the existence of EU Member Cyprus, in controversial statements he made to London (former EU chair) on July 29, 2005.

    EU Parliament's latest Resolution on Turkey, adopted on March 2009 in Strasbourg, warned Ankara that "the non-fulfillment of Turkey's commitments... by December 2009, may further seriously affect the process of Negotiations" with the EU.

    In practice, the issue boils down to Ankara's "embargo" against Ships and Airplanes using Cyprus' seaports or airports at the strategic EU island, which traditionaly hosts one of the World's biggest Shipping flags. EU has already "freezed" 6 relevant Chapters in EU - Turkey Negotiations since December 2006, after Ankara refused to fullfil a commitment it had undertaken when EU had decided to open controversial "accession" negotiations with Turkey, back on December 2005.

    - "As far as EU - Turkey relations are concerned, it's clear that Turkey needs to fullfil its obligation of full, non-discriminatory implementation of the additional Protocol (to "EC-Turkey Association Agreement"),  This is an important issue....and should be addresseed as soon as possible as it clearly affects the pace of the accession negotiations.Issues covered by the Declaration of September 2005 will continue to be followed up, and progress is urgently awaited", warned earlier in Strasbourg the out-going Czech EU Presidency (former vice-Prime Minister Alexander Vodra).

    But the Head of the Swedish Foreign Ministry's Press Service, Cecilia Julin, dismissed "interpretations" by "some" that Foreign Minister Carl Bildt was reportedly "threatening" Cyprus with consequences on the UNFICYP, if it doesn't accept any solution until December 2009, while Turkey is reportedly delaying in an attempt to impose a partitionist "2 States" solution.

    On the contrary, Julin, stressed that "Sweden has strong demands on Turkey'"s respect of "Copenhagen Criteria and EU Acquis".

    Meanwhile, Sweden  is "concerned" about the risk of "Stalemate" in Cyprus' Talks, but is well aware that "the main responsibilities lie with the two leaders and the UNO", Europe playing only a role of "facilitator".

    After carefully verifying, the Head of Swedish Foreign Ministry's Press Service, stressed to "EuroFora" that Bildt's reference to UNFICYP "was not linked to a Threat", and dismissed those who "interpreted" it so.

    On the contrary, the Swedish EU Presidency acknowledged the fact that Peace Talks are mainly for the UN and the leaders of the Cypriot communities, EU's role being limited into that of a "facilitator".

    As for Turkey's reported attempts to impose a "2 States' solution", the Head of the Swedish Foreign Ministry's Press Service sharply replied by stressing that Turkey must respect the "EU Acquis" rules.

    In particular :

    - "Basically he (Bildt) underlined that it's the leaders of the two communities in Cyprus and the UN that have the main responsibilities for solving the problem", started to say the Swedish Senior Official to "EuroFora", referring to the above-mentioned "briefing".

    - "But the EU had a role in sort of pointing out the benefits and facilitating a little bit the outcome for the settlement of the whole Cyprus' issue", she added.

    - "And he did state the Fact, that the rest of the World (i.e. USA, etc) will, of course, look at the differend issues which are at the table, and the future of the UN Peace keeping force is part of what is at the table", she admitted.

    - "I understand that some have interpreted that as a Threat, by the Swedish Minister" "But", in reality, "it's a statement of a Fact, that, when we'll look at the differend issues, one of the issues on which we shall have to take a stand on, is the future of the UN Peace keeping force in Cyprus".

    Indeed, one of the questions usually raised for a Solution of Cyprus' issue is what International and/or European or other Guarantees, by a Peace-keeping force, might be needed afterwards, eventually for a transitory period.

    Questioned anew by "EuroFora" whether (according to critical Press Reports) this could be taken as a veiled warning that, if Cyprus didn't accept any Turkish demand for any solution whatever, it might be left alone to face Ankara's Military Invasion/Occupation, she denied :

    - "He (Bildt) didn't say it in that way"... "It was not linked to a threat, or anything like that", the Head of the Swedish Foreign Ministry's Press Service stressed.

    On the contrary, "he (Bildt) underlined that the main responsibility lies with the parties concerned on the island". "The EU can try to facilitate and show the benefits of reaching a settlement. But also, when the EU and the rest of the World (i.e. USA) will have to look at it, they will look at all the Facts on the table, and the presence of the UN Peace-keeping force is one".

    And "he (Bildt) didn't speak about that at all", she replied to "EuroFora" question on Turkey's reported attemps to impose, in one way of another, a partitionist "2 States solution".

    Asked whether Bildt's aim was to incite both parties to move forward efficiently, she agreed :

    - In fact, "the EU is really very concerned with the Stalemate in the situation. Yes !", the Head of Sweden's Foreign Ministry's Press Service anounced. That's why Bildt "was hoping for the two parties (i.e. for Turkey's also) to engage and break, a little-bit, the present stalemate, come to a solution of the issue" of Cyprus.

    But, replying  to a "EuroFora"s question on the risk, denounced by several politicians in case of strict Time Deadlines, for Turkey to provoke a stalemate and wait for the time to come to impose a partitionist "2 States' solution", she reacted by pointing at Turkey's obligation to respect "EU Acquis" :

    - "Turkey must fullfil the EU Acquis : That's clear !", the Swedish Senior Official stressed.

    More details are expected when Swedish Prime Minister Reinfeldt will debate his Programme with new MEPs at EU Parliament's plenary mid-July in Strasbourg, that he has visited already in 2008.

    Foreign Minister Carl Bildt became familiar with Strasbourg's CoE last year, when Sweden chaired the PanEuropean organization of Human Rights. As EU chairman-in-office, he will also chair the 27-member States strong EU Group inside the 47-member States strong CoE.

    Minister for EU affairs, Cecilia Malmstrom is well known at EU Parliament, where she has been an active MEP of the Liberal Group for many years, following also Press Freedom issues.

    Both have already made various statements at "EuroFora", on differend topical matters.

    ***

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