Prof.Schwarze to EuroFora +EU Parliament f.+c.Presidents Pöttering+Schulz on €uroTreaty-German Court

*Strasbourg/EU Parliament/Angelo Marcopolo/- The embattled, new €uroArea Treaty's on-going developments, after its landmark, 2/3 Majority adoption by the German Bundestag last week in Berlin, at the conclusion of the latest EU Brussels' Summit, just before a controversial Hearing, next week at nearby Karlsruhe's German Constitutional Court on a complaint lodged by Leftist and Rightist opponents of the move, was the main Topical Political focus in an exceptional Press Conference by former and current EU Parliament's Presidents Hans-Gert Poetering (ChristianDemocrat MEP, currently President of prestigious Adenauer Foundation), and Martin Schulz (Socialdemocrat MEP), as well as the Chairman of the Environment Committee, MEP Jo Leinen, on the occasion of the New, 3rd Publication of "EU-Commentar" Book, published by "Nomos" (= "Law" in Greek : a Company earlier owned by Giants Suhrkamp, Springer, and Bertelsman) :

An authoritative, collective work of more than 50 Legal Experts, under the direction of Freiburg University's Professor for National and Foreign, EU and International Public Law, Jürgen Schwarze, Head of Europa-Institute and Chairman of Associations of Jurists and Scientists for European Law, together with experienced, EU Parliament's Legal Service's former Director at Luxembourg, Dr. Johan Schoo :

 A Gigantic Sunthesis, in a comprehensive attempt to bring together, under an overall, coherent, systematic presentation, all EU Laws' Texts and Analysis, similar to the Historic "PandektenRechts" , or Digest, "Pandect" Law, from the original in Ancient Greek : "Παν-Δεκτης" = read "Pan-Dektιs", meaning : "All-Containing", i.e. a compilation of all Legal Rules into a Single, Big Book with many parts, ordered by Byzantine Emperor Justinien at the 6th Century,

which survived for almost a MILLENARY (529 - 1.453, i.e. up to the Invasion and Destruction of the Byzantine Empire by Ottoman-Turcs), but was later saved by the Cathoilic Church and afterwards by German Lawyers, who selected, reproduced, diffused and used many Rules inspired from that, in updated versions after the Middle Ages, from the Renaissance and the 16th Century, until the Modern Civil Codes since the Enlightnement : 1.800/1.900).

But, with the Big Difference that, instead of the above-mentioned "Millenary" Stability of "PanDektes" Law's content, on the contrary, the present EU Law is due to become a Dynamically developing issue for an Historically Emerging New European Reality which is still on the Making, and currently has a Vital Need to Urgently make a Big Leap Forward towards a Stronger and more Popular Political Union, as it was highlighted Today by the fact that the Authors had the Good Idea to "use the opportunity offered by the Publication of this Book in order to Discuss topical Legal and Political Isssues, together with EU Parliament's Presidents Poetering and Schultz, etc., making this trasbourg's July 2012 Press Conference to inevitably focus on the "Hotest" relevant issue : That of the forthcoming German Constitutional Court's Hearing of a couple of complaints against the New €uroTreaty and the European Solidarity Financial Mechanism, next week at nearby Karlsruhe (on Tuesday).

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Concerning the important Economic and Political stakes of the challenge raised via the German Judges on the New €uroTreaty signed by 25 EU Countries' Heads of State/Government at the March 2012 EU Brussels' Summit, and adopted by a Two Thirds wide Majority in the German Parliament at the end of June 2012, a very interesting Debate unfolded during today's exceptional Press Conference in EU Parliament in Strasbourg, whose Essential points, could be Briefly resumed, to put it in a nutshell, as follows :

- Experienced President Poettering stressed from the outset EU Democratic principles on respecting Majority's decisions in Parliaments and EU Council, as well as the fact that European Law has precedence over National Laws in the 27 EU Member Countries, but also the fact that the Completion of European Unity already is at the Foundations even of the German Constitution itself.

- In front of the present need to either make a Big Leap Forward, in EU Integration, or Fall Backwards, European Federalists' Chairman, MEP Jo Leinen stressed that Minorities should not try to Tame Majorities with Legalistic pretexts, because that's contrary to Democracy. While Johan Schoo warned that the Cost at EU level could be Great if Democracy is not respected by accepting the German Parliament''s 2/3 Majority decision which endorsed the New €uroTreaty and the EU Solidarity Financial Mechanism.

EU Parliament's current President Schulz warned against a Risk even for the Progress already made on EU Integration to be "Reversed" by various kinds of EuroSceptics, and pleaded in favor of a stronger EU able to spread elementary Human Rights 'values all over the World, instead of outsourcing production to oppressive regimes.

Finally, Professor Schwarze questioned the "Accountability" of any "Judges who might want to play Politics" by eventually attempting to "confine EU Integration", and invited EU Politicians to better explain to EU Citizens the current need to resolutely advance forward.

This was in Reply to "EuroFora"s main Question, where we reminded the fact that the Historic Founders of the €uro Currency had already foreseen that its introduction would provoke a vital Need for an Economic and Political Union of Europe, which became now obvious in order to face the Global Crisis, and asked if there might be also some Legal obligations, at EU/CoE level, for National Courts to respect certain Basic Principles of Democracy and Economy at a so crucial Historic juncture.
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In particular :

    Reacting to strong Criticism on a tiny Minority of various marginal Politicians' attempt to abuse of the Constitutional Court at nearby Karlsruhe in order to delay and/or block the entry into force of the New €uroArea Treaty, linked in fact with the EU Financial Solidarity Mechanism, EU Parliament's former and current Presisdents, Poettering and Schulz, as well as from the Chairman of European Federalists, MEP Jo Leinen, supported by the Leading Author of the EU Kommentar Book on European Law, Professor Schwarze, (See also Infra), "EuroFora" highlighted 2 main points, one Political, and another, Legal  :

    (A) Could Democratic Principles of rule by a Majority of People's representatives, be reconciled with any eventually long Delay and/or partical or Total opposal by the Karlsruhe Court Judges against a Decision of crucial importance taken by a 2/3 super-Majority at the Bundestag ?

+ In order to concretely illustrate the issue with key Facts from EU's History, "EuroFora" referred to "the Political aspects of what was just evoked by the Presidents" of EU Parliament, former and current, as well as of the EU Federalists, and we pointed at the Interview that gave us yesterday one of the great "Personalities in EU's History", the experienced, former EU Commission's President and f. Prime Minister of Luxembourg, current Chairman of the "European Merit" Foundation and ChristianDemocrat/EPP MEP, Jacques Santer, who had had the Historic task to take a leading active part in the creation of €uroArea's New Common Currency zone, (See previous "EuroFora"s NewsReport :http://www.eurofora.net/newsflashes/news/santeroneuropoliticalunion.html )

- "Santer reminded that, long before the Introduction of the €uro" Currency, "already, .. there was a quasi-Unanimity on the fact thar, after the establishement of the €uro, the People would Need and become Enthousiastic about what the present "Fiscal Pact", alias "New €uroTreaty", just Starts to do Now, i.e. a kind of ECONOMIC and POLITICAL UNION, because the "€uro" would make it Necessary, and would also prepare it, facilitating further EU Integration", as "EuroFora" observed
Leading EU Politicians such as the long-time former German Chancellor Helmut Kohl, and f. EU Commission's President Jacques Delors from France, according to Santer, had already "agreed" on that perspective, obviously crucial for EU's Future.

=> - "Don't you think that, if there might be, now, some Unwanted Obstacles, which might Humper and/or EnDanger at least the New €uroArea Treaty, while the current Need to find a satisfactory Solution to EU's Financial issues, resuires *, on the contrary, to Advance much more Forward, such Obstruction would not only be Opposite to Democratic Principles, at a crucial Historic juncture in Europe, (as clearly highlighted by Germany's case, after the Bundestag adopted the €uroTreaty with a 2/3 strong Majority), but this might be also Contrary, may be, to some possible interpretations of EU Law" itself, i.e. something which could, eventually, backfire f.ex. at the EU Court of Justice in Luxembourg, ... not to speak about the Article 6 of the PanEuropean Convention on Human Rights, here in Strasbourg, (which guarantees "a Fair Trial", f.ex. by Hearing and Replying to the comments of All People who may be affected by such a case, and/or by taking Timely Decisions, ), without undue Delays, (by National Courts, as that of Germany's Constitutional Judges at nearby Karlsruhe) etc. ?", "EuroFora" asked Poettering, Schulz, Leinen, Schoo and Schwarze.

    + (B) Even if such a risk occured, couldn't €uroArea Treaty's supporters (both inside and outside of Germany : i.e. also from other EU Countries) counter-attack and Defend it, f.ex., with another, opposite complaint at the EU Court of Justice at nearby Luxembourg, based on an adequate interpretation of EU principles at a European level, (and/or even at Strasbourg's PanEuroepan Human Rights' Court, arguying f.ex. a violation of Article 5, which guarantees a "Fair Trial", i.e., f.ex. with a possiility for participation of all those who are affected by a case, in a Timely manner, etc.), "EuroFora" also asked in substance.
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Professor Jûrgen Schwarze :  

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    - Professor Schwarze, replying to "EuroFora"s Questions, didn't exclude, a priori, that a possibility to defend the signed €uroTreaty's ratification by the German Bundestag, also vis a vis National Courts, might be found, but stressed the need to warn against current attempts, on the contrary, to restrict it under legalistic pretexts, and invited EU Politicians to appeal to EU Citizens :

- "From EU Law's point of view, there is often a way forward", Professor Schwarze agreed with "EuroFora" in principle.

 - "We agree that Law is an Important Tool for developments in Europe, since .. , (and) that Europe is a Community of Law, able to deal with major Challenges and Controversies through a Legal approach", he acknowledged.

>>> - "I think that, running  through your comments, is the Idea  of a Proportional Ratio between Law and Politics in Europe, at a very Critical Time", Professor Schwarze observed from the outset in his reply to "EuroFora"s question.

 
    + "But, at the same time, it has (recently) become clear, that there can be also a Disadvantage in this : Genuine developments in Policy, can find themselves in Narrow confines because of Legal Requirements", he warned.

- F.ex., "now, ...  there are Signals at the ECJ alone, that we can't overcome a Political reluctance F.ex., "recently, we've seen a meeting, to which referred President Poettering, and (ECJ's President, Greek Judge) Mr. Skouris said that we should be <<Cautious>> about the Future Integration of Europe", he noted, in relation to "EuroFora"'s question (Comp. Supra).

- "This Danger, to me, is particularly relevant when we look at Political Decisions and  at the  Legal  profession particularly, we can say that we can't afford for this to happen, whether we are talking about the (German) Constitutional Court, etc", particularly when there is a crystal-clear Majority of EU Citizens' representatives have Democratcally decided to urgently move towards a Strategically crucial direction, (as, f.ex., in the case of €uroTreaty, etc), he warned.

=> Therefore, "I would agree with President Poettering, and his Critical assesment, that there is a Concern that the German Constitutional Court has been seen as a Confining force", Professor Schwarze denounced.

- "I don't think that there is a better way of putting it : I think that Mr. Nonnenmacher, recently, at the FAZ Newspaper, correctly pointed at the fact that there are many views against further EU Integration, including on the Financial System, and this goes against what the initial Fathers of the (German) Constitution wanted to achieve", the experienced, Top Professor on National and European Public Law criticized.

- "I think that's something on which we can all subscribe to, and that illustrates the Concern that we have to express".

+ "But, we have also to ensure, as Lawyers, that (at) the German Constitutional Court, these latest, Difficult Steps Forward, should not be stoped" : "I would be the 1st to criticize that, if the Results were any different", he anounced.
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=> Therefore, "I think there is a Need for Accountability, whether we are talking about the ECJ, or the Constitutional Court in Germany, if they (Judges) want to play Politics", Professor Schwarze criticized.

- "There are Legal Limits, you can set Legal Limits. But, what are Judges called upon to do ? What do Judges, in Luxembourg or in Karlsruhe ? Do they have to be more clever than Governments, who are trying to address the currenty critical Crisis' times ?", he wondered. - "I think it's practicaly impossible for them to do so", i.e., "to be cleverer", Professor Schwarze stressed.

>>> - "So, they (Judges) need to be  cautious, to stay within their confines. But it's necessary, for all of us, at the same time, to Strengthen our Belief in Europe, and  all the way accross  the EU. That's the problem. And that's where Politicians need to act, and I will be critical of that", he advised.

 - "We've become used to the phenomenon, whereby, accross the EU, when there is something Positive in the EU, then, each Nation claims that it was their doing. But, when something goes Wrong, then, they blame at Europe. .. If that is repeated for ever, what are ordinary People in the Streets supposed to think ?", Schwarze wondered.

- "So, that's something that we need to CounterAct, by Arguying for Europe, by Defending Europe, President Schulz said this. We should be a lot more critical in Germany, and, sometimes, we've gone a bit too far", he warned.

=>  - "We must Restore a situation whereby Politicians try to convince People that Europe is an Advantage, that it's part of our overall Destiny", Professor Schwarze concluded.

- In this regard, "if you want to measure all Legal Details, then, have a look at this Book !", he invited, smiling.  

- That's  why, "it's a great opportunity to introduce this Publication by sitting here", in EU Parliament, "with so Prominent Political guests, It's a great Honour, not only for us, Authors, but also for the Publishing House ("Nomos" - "Law" in Greek) which produced this Book".

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Hans-Gert Poettering :
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    * In an exceptional re-appearance (since the last time that he came in a Press Conference in Strasbourg it was with former French President Sarkozy and EU Commission's President Barroso, as he reminded) of probably the most Experienced among the current 577 MEPs : fomer EU Parliament's President (2007-2009), long-time Chairman of the ChristianDemocrat/EPP Group of MEPs, and Winner of the latest, June 2009 EU Elections as Head of Germany's CDU/CSU candidates, currently President of the prestigious "Adenauer" Foundation, Hans Gert Poettering, welcomed from the outset  "a Marvellous Publication" which "brings together EU Law and puts Comments on it",

    - "This 3rd Edition covers (also) the Fiscal Pact", i.e. the New €uroArea Treaty, (signed by 25 Heads of State/Government in Brussels' EU Summit of March 2012, accordin to a Collective Decision taken by December 2011's EU Brussels' Summit (See relevant "EuroFora"s NewsReports from Brussels on 12/2011 and 1/2012, added to our 3/2012 publication), "which is very Important and very Topical", Poettering pointed out.

    - Because, "it (€uroArea Treaty) is among the great Concerns and great Problems in the EU Today, of which this Book gives an overview", he stressed.

    - "What is Essential here, is that we should Never Forget that we (Europeans) are a Community Based on Law, and that's one of the Greatest Successes of European Politics after the (2nd World) War" : I.e. that "it (EU) is Ruled by Law, and it's Not Power that controls the Law".

    -Thus, "if we are going to welcome the Basis of Democratic Rules, .. in other words, if we (EU) want to be ruled by a Majority (of Elected Representatives of the People) in our Parliaments, it goes without saying, but it (includes) also the (EU) Council of Ministers : That's crucial". Poettering observed.

    - "Secondly, I want to stress, in response to a small Controversy I had Last Week, with the President of the (German) Constitutional Court (Dr. Vosskuhle), that European Law takes Priority, has precedence, over any other Law in EU Countries, and that is something that we must Defend :" i.e. "that European Law comes 1st, and, then, National Law comes 2nd", President Poettering (who is also a Lawyer by education) underlined.

    - Because, "if it was the Other way round, then we (EU)'d have 27 Legal Orders, and we would have National Law(s) taking precedence : That would Jeopardize the precedence of European Law", he warned.

    + "And Third, and finaly, I'm extremely Concerned about Discussions in Germany, where there are some opinions, including inside the Constitutional Court" at nearby Karlsruhe, "that (according to) the German Constitution", we "would be going Too Far, if it were to deal with European Unity", (i.e. if EU resolutely advanced towards currently needed Political Union, in order to become able to efficiently face the Global Financial Crisis). - " This is something that I want to Vigorously Contradict !",

    - Because, in fact, "the EU is a constituent part in the (German) Constitution" : F.ex. "in the Preambule, there is a Mention of a "United Europe", and, also in Article 23, where it talks about the Completion of a United Europe, and so on. That means that European Unity is not just an Important Component of the German Constitution, but it's also a Basis (at the Legal Foundations) of the Federal Republic. That's why, the Judges who interpreted the Constitution need to see these 2 together, in context", Poettering advised in conclusion.

    - In consequence, he thanked the "EU Komentar"'s Publishers "for illustrating EU Law in this way", "and for pulling all EU Laws and Comments on it", so that this Book has "an enormous Value for all of us involved in the European Project".

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Jo Leinen :
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 - "When I was a (Law) Student, at the University, this Book was .. 10% of what it is now  : In other words, EU has Developed very Dynamicaly", and,  "perhaps, if we keep developing the EU in this Speed, we'll have another one soon !", speculated, smiling, German Socialist MEP Jo Leinen, former long-time  President of EU Pariiament's Consitutional affairs and Environment Committees, as well as current President of "European Federalists".  

- "We have to understand EU and explain it to others : It's not a Traditional organisation, but a Sui Generis entity, with its own Rules and Procedures.  This makes it very Difficult for Ordinary People and the General Public, even Academics, even MEPs and National MPs to understand it !", (without explicitly mentioning, however, National Judges)...

 - But, "in a Community of Law, we must have Clear Rules, .. and the Legal Experts involved here" (in the "E-Kommentar" Book) have done extremely well to make this as clear as possible".

 >>> - "In the last few Months, even during the last 2 Years, we (EU) found ourselves a bit Stuck, in between making a Great Leap Forward, or goiing Backwards !"

- "We've had the current passwords of being a "Fiscal Union", "Banking Union", "Financial Union", (etc), and in a Union of 27 (Countries) we need to have our rounds put Together : We need New Structures, Reinforced Cooperations, and we face the Risk not only for a "2 Speeds"' Europe, but of working in 2 Differend Europes, and that's very Challenging !  Now, Legal practitioners have a difficult task..", he warned.

 + >>> - In particular, "I'm extremely Concerned about the Dead End that the Highest Court in Germany has got itself into : They are saying : - "You can go this far, and not further", But that's very Difficult when one is forced either to "Cut the Gordian Knot", or to, somehow, be a Victim of it, and chuckled by it", Leinen denounced.

- "Now, there have been Press Anouncements saying that Gauweiler  (a Rightist, CSU Dissident) and Gysi (a Leader of Germany's "Left" Party) are going to have to be Re-Elected, they've got to get wider Democratic Majorities, and not to be able to use the Rules in the Constitutional Court in order to "Tame" the Majority", (which has already adopted the €uroArea Treaty by a 2/3 wide Vote : See supra), Leinen concluded.
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Johan Schoo :
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- The Court's Chairman, Andreas "Vosskuhle recently said, at the last session (at nearby Karlsruhe) Constitutional Court that "Democracy can become very Expensive, if it's not defended", observed the experienced former EU Parliament's Legal Service Director, Johan Schoo. - "Now, you have the President of the Constitutional Court comment on National Level".

=> - "But the Cost at European level for Democracy could be Great, indeed, if the Decision of the Parliament (to endorse the New €uroArea Treaty, voted by a 2/3 wide Majority) is Not Respected sufficiently, and that's something that the Constitutional Court hasn't fully adopted yet", Schoo warned.

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Martin Schulz :
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 - "I'm a Book Seller by trade, and .. I'm glad that Books can still be published today, even if their content can be Digitalized : You can't get the same Feeling by a Computer as flicking through the Fine Paper of an enormous Publishing House, as here : Books are Beautiful. Computers are just a Compliment to Books", observed EU Parliament's President, Martin Schulz, smiling.

    - "Now, I share the Concerns aired by the previous speakers", he denounced from the outset.

"I'm not a Lawyer, but, as I understand it, the Constitutional Court checks what LawMakers do, in the framework of the (German) Constitution".

    - But, "if the Constitutional Court starts saying to Law-Makers what they may, or they may not do, then, it seems that the (normal) Competences have been Turned on their Head (i.e. upside down) !" Unfortunately, "that's the way that things are going in Germany at the moment. Because the Constitutional Court is saying to LawMakers in advance : - "You may do this, and you may not do that !"

     - Even if "this might be Legally permissible, nevertheless, it strikes me as rather a Borderline maker. That one should encourage, through one's statements or behavior, to do one, or another thing, seems to be taking in that Direction", he criticized.

    + "Regardless of that, the Chancellor (Angie Merkel), seems to be in a very Difficult situation in Germany :" -"Because, other Countries, around the EU, are demanding Leadership from her. And as she takes up that Leadership role, other Countries turn out and say : - "We don't want your Leadership !", and, then, in your own Country (Germany) the Cosntitutional Court says that "you can't do that !", "You can't do it even backed by the Parliament", he deplored. So that the German Chancellor "cannot take up its Leadership role (in the EU), if the National Parliament has a Standing Reservation on that !"

    => - So that, "the Largest Country in the EU, (Germany), cannot take on  its Leadership role, if the National Parliament has a Standing Reservation on that, or if the (German) Constitutional Court has a standing Reservation on that (EU) Leadership role", President Schulz denounced, pointing at the Absurdity of such a Legalistic obstacle to Vital Needs for Europe's Development.

    - "And that's where we are" now !, he regretted

     - But, the "EU is not without Other Options" :  F.ex., - "Mr Leinen said that in 1997 the EU Kommentar Book was, perhaprs, a Tenth (1/10) of its present volume (See infra). Because, "since that Time (1997), there has been tremendous developments in Europe, which makes People think that Progress  in European Integration can no longer be reversed".

    >>> - "But, that is a Mistake" : in fact, "Progress (Historically made in EU Integration) Can be Reversed !", Schulz warned.

    - Because "there are Forces that would Reverse it". F.ex., "in some EU Member States, these are No Peripheral Voices, but Voices from within Government, or at least from Parties which have decisive influence on Governments".

    (F.ex. a CSU dissident MP in Germany who joined the "Left" as well as a former "Socialist" Minister, Herta Daeubler-Gmelin, in complaints lodged at the Constitutional Court ; or some -even if not all- among the breakaway MPs from the New Greek Governing party "New Democracy", who formed the "Independent Greeks" new party ; as well as  the French Left led by Melenchon and even inside the Governing "Socialist" Party who both supported the difficult election of new President Hollande, such as those who influence the prestigious "Monde Diplomatique" Magazine which is published this July 2012 under the Heading of an Editorial by Serge Halimi against what he claims to be an EU "forced Federalism" [sic !], etc).

    - "There are, therefore, Forces that don't want the EU that we have it at the moment. And they are Now", (i.e. at a Crucial moment, precisely when the Way out of the Global Crisis notoriously stirs Strong Competition to boost Exports and attract Investment, etc., between the EU, USA, China, Brazil, India, Japan, and various other Regional Economies accross the World), "more Determined to act, than those who would Defend the European Integration", he observed.

    - "The "EuroSceptics", that's those who would Reverse EU Integration, and move towards National Policies, are Now more Determined to Act than those who would Defend Europe", President Schulz denounced.

    -   On the contrary,  "those who would Defend Europe, those who believe that Europe is the Solution to Trade and Environmental problems, for Currency issues", etc.,  "on the 21st Century", "those who believe in the 500 Million (Citizens') strong (EU) Community that allow us to Stand "Eye to Eye" with Other Regions in the World", (such as USA, China, Brazil, etc), are, now, on the Back Foot"...

    - "Those who want to see the Integrated Europe be a Federal State, or a Community, or a Nation State, those who see Europe as an Instrument to Achieve both Economic and (Political) Far-Reaching Goals, are, Now, on the Back-foot", Schulz regretted, (in what might seem to be a, perhaps Statically Realistic, but Dynamically Too Pessimistic view, mainly because it doesn't take into account Europeans Vital Needs and Real Potential in a Unique, Historic Opportunity to, at last, develop a Popular, ReVitalized and Strong, Unified Europe at a New World stage, as "EuroFora" firmly believes)...

    - "There is an Attack now on Values-Based Democracy, on our Values-based Rule of Law, and our Social Acquis".

    - "Those who want to Defend these things are a Minority" today, he found. - "When it comes to Politically balanced Forces, they are now in Minority"

    >>> -  "I mean : of course China can manufacture Cheaper than Europe. Of course it's Cheaper in Vietnam, (or Turkey, Pakistan, etc), than it is in Germany" and other EU Countries. "But, why ? Because Children work, because there are Slave-like Wages, because there are Migrant Workers in Poor Conditions, because when the Government doesn't like what the Web-space says, they Close down the Internet, (etc), because in these Countries Power has the Last Word". Such Countries, "they also have also Lower Environmental Standards, because they don't have Unions, they don't have Courts that People could Defend their Rights in, there is No Constitutional Court to guarantee People's Rights. And, there are People who say that, <<if we (EU) want to be Competitive, we have to be Like Them>> !", EU Parliament's President denounced.

    (I.e., surprisingly endorsing, even as a Socialist MEP, a main leit-motiv strongly supported also by former French President Sarkozy, a ChristianDemocrat/EPP, who had seriously tried to start building on that an interesting Alliance between Real-Politics and Human Rights via the International Economic Competition, as, f.ex. in his landmark Speeches at nearby Urmatt, as early as since back on 2009, but also recently, even in his latest Speech in a spectacular, massive Popular meeting at the "Human Rights' parvis" at Trocadero, exceptionaly the 1st of May, 2012 : See relevant "EuroFora"s NewsReports from the spots : i.e. from Urmatt and Trocadero, in 2009 and 2012: + http://www.eurofora.net/newsflashes/news/sarkozytrocadero.html )

    - On the contrary,  "We' (EU) have got a Super-National Community of States under the Rule of Law", and "we want to Export that Model. That's not  "European Imperialism", it's Transfering Rights to People (also) in Other parts of the World, where you haven't yet a right to claim those (Human) Rights". But, "these People who are Defending this Ideal, are on the Back-foot" currently, he denounced anew.

    - "Now, I know, that it's said too often. But,  for the Evil to Win Now, it's enough for the Good to Do Nothing !", Schulz warned.

    => That's why, "if we see Europe as a Community of Law, as this Book suggests, then, we have to accept that this Law is Not cast in Stone".

    - On the contrary, "this (EU) Law has to be Defended on a Day by Day basis". So that, "this Fat Volume is an Encouragement, it's a Test-bed for Development towards what is Better". And if we have to Defend that Good which has (already) come about, (then) what is Missing at this moment is Enthousiasm to Defend it", he regretted.

    - "I don't know if that is to be found in this Country (Germany), but I think that the main Mistake in Lisbon Treaty was the introduction of the EU Council's President, with Mr. Van Rompuy", Schulz criticized. Because "the Lisbon Treaty was about making a Majority (instead of Unanimity among all 27 EU National Governments) the Rule, as part of the Co-Decision procedure" (between EU Parliament and Council), and, thus, bringing More Democracy and more Legitimacy", President Schulz reminded.

    - "But", on the contrary, "what we've got, is Heads of State and Governments trying to handle themselves more Power, in All sorts of Legislation. As we saw also, just Last Week with the (EU) Patent issue", (but also earlier, with Shengen, etc). They are getting involved in the Legislative bodies' work, (as EU Parliament's, etc), and they are doing something Alarming" : I.e. "they are bringing back, through the back-door, the old principle of Unanimity", he denounced.

    - "If this escalates, it means that (EU) Decisions will be invalid, worthless from one Mandate to the Next, and Prime Ministers could just go back to their Home Cities and say that they don't feel Bound by this (EU) Decision", EU Parliament's President warned.  - "Now, €uro can still worth 1 (American) Dollar and 26 cents, but the Management of €uroZone is really, a very unfortunate one", at the moment", Schulz criticized in conclusion, offering to the "EU Kommentar'"s Authors the possibility to "add" his observations "to the Next Edition", even "with a No Copyright version", as he said joking...

    Meanwhile, already before "EU Kommentar"'s forthcoming 4rth Edition, nearly all that was said in that unusual, but Topical Press Conference, by 2 EU Parliament's Presidents, the Chairman of European Federalists, and the Head of the 50 Legal Experts' team which authored the present, 2012 Edition of the Modern version of this new, Dynamicaly evolving  kind of EU "PanDektis" Law (Comp. supra),  has just been published by "EuroFora" herewith...
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    => Eventual problems from the nearby German Constitutional Court at Karlsruhe, might appear in case it either Suspends, Curtails, Blocks or Delays too long the completion of €uroTreaty's Ratification process, which only needs, now, new German President Gauck's signature, which should, normally, had been a usual, routine matter, after it was signed in Brussels by 26 Heads of State/Government already since March 2012 EU Summit, and since it was recently adopted by a 2/3 wide Majority at the Bundestag in Berlin.

    In that case, Europe would be obliged to practically halt its moves and  stay practically Deadlocked, at a Limbo, without any obvious solution or perspective at the Horizon, at least not as fast and efficient as EU's action on urgent Financial and other issues currently needs to be.

    And this would obviously raise also serious questions on whether a Legalistic Bureaucracy should be left alone to hamper even a large Majority of EU Citizens' clearly expressed Democratic Political Will, in so Crucial Issues that even suspicions of risks for any kind of eventual Manipulation and/or Pressure from some opposed Foreign Interests might be felt by many People...

    (As various other concrete, topical examples have recently shown also in France, f.ex. on the topical issue of the controversial cancellation by the French Constitutional Court of a particularl Law against active Negationism of the Armenian Genocide, notoriously bullied by the Turkish Government and its cronies, influencing a Minority of MPs, despite a Large Majority of Votes, from all main Political Parties, which had adopted that law, both in the National Assembly and the Senate, before the lastest Elections).

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+ "EU Kommentar" to be translated ?
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    + Meanwhile, given the Wider EU interest for such issues, "EuroFora" also raised a "Practical Question", on whether there might be "any possibility to Translate this EU Law Digest Book in other official EU Languages, at least in English and French, etc., because many other People and EU Countries would naturally be interested by the value of this systematic and timely attempt to update a Synthesis including all, even the latest EU Law developments, (even if it seems to be written in a crystal-clear Deutsch, easy to understand with a basic knowledge of Goethe's language).

    President Poettering reacted positively, in principle, to "EuroFora"s suggestion to translate the Book from the original in German, but carefuly raised the question whether it could be done without using perhaps "too expensive" ways, and invited us to speak about that with the Leading Author, Professor Schwarze.

    Schwarze appeared rather interested in "EuroFora"s suggestion to search to find out whether it might be possible to have some EU Financial Help in translating original European Scientific Publications on EU Law developments, as "EU Kommentar", due to be largely used in practice by Legal Experts, Public Officials, Judges, Lawyers, Businesses, Politicians and EU Citizens, throughout the entire EU on a wide variety of issues covering, in principle, all areas of EU activities.

In comparison, even Justinian's Historic "Pandectis" Digest of Law (See above), was initially published in Latin, Greek and later in German, before being totally or partially translated in addition by several other Languages, while also inspiring Laws and Legal practice in various other Countries...

(../..) 
 
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("DraftNews", already sent earlier to "EuroFora"s Subscribers/Donors. A more accurate and Full, Final Version may come asap).

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