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Haupt arrow newsitems arrow French Minister of Justice Belloubet to EF: -Debate on eventual New BioEthical Rules from 2018 ?

French Minister of Justice Belloubet to EF: -Debate on eventual New BioEthical Rules from 2018 ?

Geschrieben von ACM
Tuesday, 31 October 2017
new_french_minister_of_justice_eurofora_400


*Strasbourg/ECHR/Angelo Marcopolo/- It's from 2018 that should Start Debates on key BioEthical Issues, including in France, that President Macron Highlighted at the Conclusion of his Speech at the ECHR, earlier Today, (Promissing to Exclude "Brutality", and that People's "Conscience" will Not be "Silenced"), but Concrete Details still appear to remain quite floue, at least for the moment, as it results mainly from the Reply given given to "Eurofora" b the New French Miister of Justice, Nicole Belloubet (See Infra), in Strasbourg's "Palais des Droits de l'homme".


--------------------

macron_at_echr_turns_on_bioethics_400
(Macron, in fine, turned ECHR's attention towards BioEthics)
--------------


     - "Eurofora" had raised a Question to the Minister, during a Press-point with Journalists organized at the ECHR, just After French President Emmanuel Macron's long Speech there, Earler Today, (Comp. also, f.ex.: ...), about what he had Named (after Victor Hugo) as "more Promised Lands, than Conquered Plots", such as in "BioEthics", "Big Data", "Enhanced Man", etc, where, after "Essential Debates", particularly on "New Technologies", Human Rights would have to be Defended anew by fixing asap adequate Legal Rules, as he Highlighted in Conclusion.

 

macron_goes_on_about_bioethics_at_the_conclusion_of_his_echr_speech__eurofora_screenshot_400


    - Macron promised Today, in front of the ECHR, that "None of these Debates will ever occur with Brutality", "Neither Political Motivations would ever Silence the Conscience" of People, who will have to Deal with such "Innovations, at the Heart of our Society".

 

echrs_pressroom_during_macron_speech_eurofora_400

(President Raimondi + ECHR's PressRoom)

-------------------------

Because, "while France is Not Afraid of Scientific Innovations", at the same time, "it's Committed to ensure that Equality will be Respected, as well as the Fundamental Rights", in front of such "Issues of the Future", where "Europe will have to Fight", "in an "Extra-Territorial World, when even Humanity itself is on the Verge of being Transformed", (f.ex. in cases concerning "Surrogate Mothers", and/or "Children Born out of" our Country's Natural Procreations, etc., as ECHR's current President, Raimondi, had evoked before), "in order to Transmit Intact to the Next Generations" those basic Human "Rights that we must Always Adapt and ReVive", as he said in Conclusion.

 

macron_walked_his_way_from_coes_hq_to_echr_eurofora_400
 
(Macron walked his way from COE's HQ to the ECHR)
 
macron_walked_frm_coes_hq_to_echr_eurofora_400 
--------------------


      - "At which Time-Horizon ?", specifically asked "Eurofora", on such kind of issues, the New French Minister of Justice.


       - "As far as France is concerned, we have a Work which is done (in this area) by the National Committee on Ethics", Nicole Belloubet observed from the outset, in Reply.


    - So, "a Debate is due to take place on these (BioEthical) Issues, and especially a Parliamentary Debate", she added.


    - In particular, "Without any Doubt, there is a Reflexion which would Start during the Vote of the (New) Law on BioEthics", Minister Belloulet explained.


    - And this is expected "in One Year", i.e. during 2018, she Replied in concreto to the above-mentioned "Eurofora"'s Question.


    Without making it, however, Crystal Clear yet, whether all that will include also a Citizens' open and public Debate, and in which practical Conditions, Neither if the Entire Process might, or not, extend further on 2019, if necessary.


    - According to the Latest relevant Law, (that of 2011, when France also Ratified COE's PanEuropean "Oviedo" Convention on Human Rights and Bio-Medicine), that French Committee on Ethics in Life and Health Sciences, was Obliged to Organize "a Public Debate" Before "Any Project of Reform" on its core Issues.


    - But this was Limited Only "in the Form of <<Etats Généraux>>", i.e. through the Intermediary of a "Selection" of certain "Citizens" Only, supposed to "Represent" themselves the whole "Society, in its Diversity", who are, moreover, "Trained"  by some "Experts" appointed by the Public Authorities, and Simply "Edit an Opinion and Recommendations", which are Merely made "Public" at the End...


    >>> On the Contrary, even the National Committee's own "Debates", and any other Preparatory Work, Before Final Decisions on BioEthics, are held ...Only Behind Closed Doors !


    However, around 2011, the French Authorities had Also Organized a real previous Public Debate on the latest BioEthical Issues at Stake, Open to All interested Citizens, which used the Modern Internet Technologies in the form of a Web "Forum" accessible to all involved, (almost as "Eurofora"s Project had already Suggested Earlier)...


    => That Move had managed to Attract a great Number of active Citizens, who Published various, more or less Critical Views in many Thousands of Pages, all Transparent, Readable and Answerable at the Web, whjere they were classified according to the Main Issues at stake.


But certain Regretable Confusions (mainly by a few Intermediaries) on the Precise Date of Closure of that Public Consultaton in that Web Forum on BioEthics, had unfortunately pushed some to Miss that Rendez-vous...


-------------------------------------


 - CoE's PanEuropean "Oviedo" Convention on Human Rights and Bio-Medicine, (applicable also in France), asks, under the Heading "Public Debate" (Article 28), for all "the Fundamental Questions raised by the Developments of Biology and Medicine", to be "the subject of :


(A) "Consultation", concerning "their Possible Application", and


(B) "of Public Discussion", "in the Light ... of relevant Medical, Social, Economic and Legal Implications".

 

+ According to its "Explanatory Report", CoE's "Oviedo" Convention, even if it gives a Large Margin of Discretionary Appreciation to States on how exactly to organize such events, nevertheless, it also "Prompts ... to create Greater Public Awareness of the fundamental Questions raised by the Application of Biology and Medicine", as well as it stresses that "Society's Views must be Ascertained ...with Regard to Problems concerning its members as a whole".
 

I.e. something which, apparently, includes Prior Information of concerned Citizens, as well as to Collect and Take into Account their main Observations : Elements which could serve as a Legal Basis also for an eventual Judicial Control on the Way that States use their Discretionary Powers, in order to avoid eventual Abuse.

----------------------------


    In France, the "National Committee on Ethics for Life and Health Sciences" is a prestigious Consultatif body, initially Created by former Long-Time President Francois Mitterand (Socialist), back on 1983, precisely on a core BioEthical Issue : I.e. just after the 1st Birth artificically obtained by "In Vitro Fertilisation" ("IVF") in the country on 1982...


    Most Facts clearly indicate that, in real Practice, each one of its successive Presidents more or less "Coincided" with a New ... political President of the Republic : F.ex. Mitterand (Socialist) with Prof. Jean Bernard (1983 - 1993), while his successor, Jean-Paul Changeux (1993_1998) partly coincides with a Transition towards the Beginning of Center-Right's Jacques Chirac (1995-2007). The latter was notoriously obliged to a "CoHabitation" with Socialist Prime Minister Lionel Jospin between 1995-2001, but, even if he was Re-Elected for 2002 - 2007, nevertheless, Prof. Didier Sicard remained at the Head of that Ethics Committee, (probably chosen by the previous Cohabitation). So that it seems that it was Only Prof. Alain Grimfeld (2008-2012) who has been Freely Elected by the Right side of the Political Spectrum, during Nicolas Sarkozy's presidency (2007-2012). But Socialist Francois Hollande (2012-2017) obviously chose Prof. Chose Jean-Claude Ameisen (2012-2016), and, Curiously, even his Successor, Prof. Jean-François Delfraissy (2016 - ?), whose mandate exceptionally Extends deep inside Emmanuel Macron's New Presidency (2017-2022)...


---------------------------


Nicole Belloubet made it clear, indirectly but surely, that she was speaking to "Eurofora" Today for what might happen in the foreseeable Future in France itself.


But, recently, CoE's BioEthical Committee's President, Dr. Beatrice Ioan from Romania, confirmed to "Eurofora" her intention to present, by a Coincidence also on 2018, an agreed full "Action Plan" Draft on how to Regulate crucial New Challenges faced by Human Rights in front of Fast-Evolving New Bio-Medical Technologies, at the PanEuropean level of all CoE's 47 Member States and perhaps beyond, (See : http://www.eurofora.net/newsflashes/news/coebioethicsactionplananddebatesonnewtech.html).


And it's also true that Macron himself evoked, Earlier Today, in his Speech at the ECHR, rather a series of Europe-Wide Dimension Issues, including, particularly, on "BioEthics", on which Strasbourg's Organisation might, eventually, conclude its collective Decision-making process by its Committee of Ministers somewhere near its forthcoming Presidency by France on 2019, (Comp.: http://www.eurofora.net/newsflashes/news/coesgandnewfrenchpresidentonrussia.html ).


However, Macron spoke about "Promised Lands", as he described the Issues to which he refered, instead of speaking about "New Rules", even on Classical or simply Older Issues.Meanwhile, at an Exceptionally Important PanEuropean/International Conference on BioEthics, Last Week in Strasbourg, (See: http://www.eurofora.net/newsflashes/news/coebioethicsactionplananddebatesonnewtech.html), the Experienced President of CoE's PanEuropean Inter-Governemental Committee on Human Rights, Brigitte Konz, advised to be Carefull :


    - Attention to our Classical, Basic Legal Texts, which already Exist Before recent New-BioTech developments : Because, "If some Touch upon them, then, Afterwards,we Risk, perhaps, to have Less Protection" for Human Righs, she rightfully Warned...

In case, indeed, that some Minority Lobbies might, eventually, attempt to Exploit a Majority's ignorance and/or current Apathy in order to exert Pressure on Decision-Makers to Change real "Human Rights", into a kind of ... "Trans-Human" or even "Post-Human" rights" !.. (Comp., f.ex.:  http://www.eurofora.net/newsflashes/news/biotechasnuclearbombsglobalfightforhumanity.html ).

 

 echr_red_carpet_eurofora_400

(ECHR's Red Carpet .."Post-Macron", as "Post-Human": Wasn't it better when he was here ?)

--------------------------------------------
Belloubet
--------------------------------------------


The New French Minister of Justice is a fully-fledged Legal University Expert in general Public Law, who has served since 2013 also to the Country's supreme Court : the "Constitutional Council", competent even to judge Complaints for alleged Violation of the PanEuropean Convention of Human Rights, before they might, eventually, arrive at the ECHR in Strasbourg.


Belloubet served at the CC. under the Presidencies of 2 Political HeavyWeights, Both former key Ministers and National Assembly Speakers : Mainly Center-Right's politician Jean-Louis Debré (a "Gaullist") until 2016, but also Socialist Laurent Fabius, (Comp. various Press Statements to "Eurofora"s co-Founder, made in the Past by both Debré and Fabius, f.ex. at : http://www.eurofora.net/newsflashes/news/franceconstitutionalcourtpresidentongermanbvg.html + http://www.eurofora.net/newsflashes/news/fabiusonmalisecuirityanddevelopment.html , http://www.eurofora.net/newsflashes/news/fabiusonsyrianopposition.html, etc).

 fabius_at_the_echr_400

Fabius was present, Today, at that ECHR's event, (together with the other 2 French Highest Court's Heads).

frances_3_supreme_courts_heads_incl._fabius_400

(Fabius, CC Head, with Highest Administrative + Civil Court's Heads, at ECHR - CoE)

---


While also a former Socialist politician, mainly at Regional level, (including on Education, Unversities, etc), on the National level, Nicole Belloubet is widely considered to be personally close to the several times former Top Minister (of Culture, Education, etc), Jack Lang, an atypical Socialist, initially PhD Candidate in Public Law with the Same Director as "Eurofora"s co-Founder : Experienced former Dean of Strasbourg's University, Professor Jean Waline, (Son of Historic Legal Scientist Marcel Waline), and former President of the International Institute for Human Rights "René Cassin",  currently Author of regular New Editions of the "Classic" and Popular (ex-"Rivero") Manual on "Administrative Law", estimated to be one of the Best in France. After having made various Press Statements as Minister to "Eurofora"s co-Founder in the Past, Lang joined on 2007 a National "Committee on Institutions' Modernisation" which proposes part of Reforms adopted under former French President Nicolas Sarkozy, who appointed him later as Envoy to Cuba and North Korea on 2009, becoming also UNO's International Law Expert against Piracy on 2010. He is Now, since his nomination by former French President Francois Hollande on 2013, President of the prestigious "Institute on the Arab World" in Paris, where he had Personally invited "Eurofora" on November 2015 to an Exceptional Meeting with the NOBEL Peace Prize winners from Tunisia's Civil Society NGOs, (at which we regretted to have been practically hindered to attend, inter alia, also because of a Time-lapse due to a Coincidence with an Important CoE's Conference on Risks faced by Journalists and "Freedom of Expression" organized in Strasbourg at the Same Date : Comp., among others, also, f.ex.: http://www.eurofora.net/newsflashes/news/iachrcoebookandefjsgonjournalismdefinition.html + http://www.eurofora.net/newsflashes/news/ifjvpresidentcoespeakeronbusinesmediaagainstjournalismincrisisera.html + http://www.eurofora.net/newsflashes/news/unfreespeechrapporteurkayaonrisksofbillsonradicalism.html , etc).

 

 

(../..)


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 sarko_merkel_mieux

The official presentation of a "Program" respecting People's choices voted in the June 7, 2009 EU Elections, to be debated in EU Council and EU Parliament during its 1st Session on July in Strasbourg, is the No 1 Priority, according to Democratic principles, for the Franco-German axis, said the main winners at the ballot box, French President Nicolas Sarkozy and German Chancellor Angie Merkel.

They stressed  that the New EU Commission's President must have a "Program" in favor of an EU which "protects" its Citizens, regulates financial markets and aims at a "Political" Europe" : a wording they have used as incompatible with Turkey's controversial EU bid.

They also declared ready for a "political" endorsment of "Mr. Barroso's candidacy" in June's EU Council, considering that an official decision would have to be made after EU Parliament's debates and votes, possibly from next month (July), with the legally necessary final acceptance shortly after Lisbon Treaty's entry into force, hoped for September or October.


- "A Program, and Mr. Barroso" : This resumes, in substance, the anouncements made by Sarkozy and Merkel, on the question of current EU Commission's President, Barroso's declared wish to succeed to himself for a second mandate, to be extended during the following 5 years.

 In their 1st meeting after EU Elections, they observed that "the Franco-German axis counted in European Elections' campaign... But, we both keep a realistic view : We saw the number of those who abstained, and we must absolutely give them an answer. We also see the disilusionment of an important number of Europeans vis a vis Europe, and we are aware of the responsibilities we have".

sarko

 - The "Duty" of the new EU Commission's President, after June 7, 2009 EU Elections' result, "is to act for a Europe which protects the Europeans, to commit himself into working for a better Regulation of Financial transactions, ... and to have a Political will for Europe", underlined Sarkozy.

Therefore, "we have asked M. Barroso... to clarify, to officialy present the intentions he has", he anounced.

- "We want to speak also about the Programme", explained Merkel.

- "It's important that for the next EU Parliament's mandate (2009-2014) we take the right Decisions for Europe.  Obviously on Persons, but mainly Decisions on Issues", she stressed.

- "It's not simply a question of a Person, it's also a question of a Programme". We are "really asking Mr. Barroso to commit himself on a Program, and on Principles, on Values", Sarkozy added.

EU President-in-office, Czech Prime Minister Jan Fischer, accepted the Franco-German stance :

- "Barroso must present his Programme. The Czech Presidency agrees with that", Fischer reportedly said later, after meeting Sarkozy.

But Press reports from Brussels claimed that Barroso had preferred to be officially appointed by EU Council since June, (i.e. next week), "because this was implied by the current Treaty of Nice, according to him", and considered any delay until the possible ratification of the new, Lisbon Treaty on September/October, as "undemocratic".

- "At any case, independently of what Germany and France ask, it's also EU Parliament's wish". "We shall propose Mr Barroso's candidacy... But even in the framework of Nice Treaty, EU Parliament has to be associated in this Decision", the French President observed.

If this is correctly done, then "we support Mr. Barroso's candidature", and "if the (EU) Parliament agrees, we might ratify this decision since July", (i.e. next month), they both said.

smerkem_400

- "France and Germany support Baroso's candidacy, But we want to speak also on the Program. We believe that this Program should be established in close cooperation with EU Parliament, and that's why we have followed an appropriate way", said Merkel.  - If EU Parliament wants, this election can take place on July,  but this must be done in full agreement.

- "We shall support Mr. Barroso's candidacy, without doubt", said Sarkozy. "But we have asked from Mr. Barroso, as I told him yesterday, to put into detail.. his intentions, at the eve of his 2nd mandate, if the situation avails itself.


    France and Germany "don't want to take an Official Legal Decision by writting" during "the next (EU) Council" (on June 18-19), declared Sarkozy.  Because they prefer, at this stage, only "a Political decision" on June, "so that we (EU Council) can work together with EU Parliament", which starts to meet only Next Month, since July in Srasbourg, "leaving a Legal decision by writting for later".

    - "If the Conditions are fuillfiled in EU Parliament, we (EU Council) are ready to give the agreement and make it offficial", said Merkel

    - "But, now we are working in the base of Nice Treaty. If tommorow we want to work in the spirit of Lisbon Treaty, we have to find a proper way", she added.

    - "Of course it's Legally complicated, because we are going to make a Political proposal to the forthcoming Council, for an EU Commission's President, on the basis of Nice Treaty : So, we (EU Council) will not appoint the Commissioners. Only the President.  If EU Parliament agrees, it could endorse this position on July", explained Sarkozy.

    But, on Autumn, "if Ireland ratifies Lisbon Treaty, there will be, at any case, a 2nd Decision, to appoint the Commission's President, this time on the basis of Lisbon treaty, and then, we, the EU Member States, would have to appoint (also) the EU Commissioners", he added.

    As for the precise Timing :  - "Everything is suspended until the Irish vote... Now, we must all make everything possible to help Ireland to say "Yes"" to Lisbon Treaty... The Irish Referendum, ..will take place either on September or on October. It's a Question which depends on the Irish. And,  then, we shall have the Choice of the Candidates for the permanent Institutions of Europe".

    However, "if Ireland says No, we, French and Germans, have to assume our responsibilities, and we'll do so", he concluded.

    But British and Swedish governments were reportedly eager to have a final EU Council decision on Barroso since this month, on June's European Council. While the other EU Member Countries are divided, several of them preferring to wait until EU Parliament pronounces itself, on July, and/or until Lisbon Treaty might be ratified by Ireland at the beginning of the Autumn. Barroso's current mandate ends on November.

    There are also various, contradictory and/or unpredictable reactions inside EU Parliament vis a vis Barroso's wish to continue a 2nd mandate, because many MEPs are openly or secretly opposed, reluctant, or hesitating.

    In the biggest EU Countries, as France and Germany, EU Citizens voted on June 2009 EU Elections for a renovated, non-technocratic but Political Europe which cares for its Citizens, with an Identity, Values and Borders, declared incompatible with Turkey's controversial EU bid, by mainstream, pro-European Governing Parties. Similar choices were also supported in several other small or medium EU Countries.

    On the contrary, whenever, in other Countries, Governing and other mainstream Parties didn't make these choices or eluded them, EU Citizens massively voted for euro-Sceptics whenever they were the only ones to to promise anti-bureacratic change and oppose Turkey's demand to enter into the EU, (f.ex. in the UK, Netherlands, etc).

    It's seems to be an Open Question whether Sarkozy and Merkel's conditions will be really accepted by Barroso, who was appointed on 2004 in a different political context, (with Socialist Prime Ministers in Germany, France, etc), had rejected in the Past the idea of EU becoming "equal to the USA" as "ridiculous", and pushed for Turkey's contoversial EU bid, trying to "soften" or contain the changes desired by the People who voted for Merkel and Sarkozy with another policy vis a vis Turkey on 2005 in Germany and on 2007 in France, as they did all over Europe on 2009.

    In addition to many EPP Governments, it's 3 remaining Socialist Prime Ministers : Gordon Brown in the UK, Zapatero in Spain, and Socrates in Prortugal, who support Barroso, as well as Liberal Swedish Prime Minister Reinfeldt. But their Parties lost the June 2009 EU Elections.

    Questioned whether there was still "Time" for "other" possible "Candidates", Sarkozy and Merkel did not deny, nor made any comment on that, but simply said that "it's not for us to make publicity for any candidates. We anounced our choice ("A Program, and Mr. Barroso"). But we respect any other candidate".

    Among various other names cited are former Belgian Prime Minister Verhofstadt, former UNO's Human Rights Commissioner Mary Robinson of Ireland, Italian former EU Commission's vice-President Monti, etc. Meanwhile, Luxembourg's PM Juncker, (who had been unanimously accepted by EU Council for EU Commission's Presidency on 2004, but refused), announced his intention to resign from "EuroGroup"'s Chair. Thus, he might be available for another Top EU job.

    As "EuroFora"'s "opinion" said (See publication dated 9/6/09) : - "If the current candidates (i.e. Barroso, etc) to the Top EU jobs promise and guarantee to respect People's democratic choices, then, it's OK".

"Otherwise, Europe must find new candidates, really motivated and able to implement these democratic choices of the People."

    Because, "in Democracy, the forthcoming choices for EU's Top Jobs,...should be made according to EU Citizens' Votes in June 7, 2009 European Elections, and main EU Governments' strategic policies".
        

***

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