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Home arrow newsitems arrow French Constitutional Court President Debré to EuroFora: German BVG is our model on EU/ECHR cases

French Constitutional Court President Debré to EuroFora: German BVG is our model on EU/ECHR cases

Written by ACM
Monday, 15 October 2012
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*Strasbourg/ECAM/Angelo Marcopolo/- After a key-note speech at the inauguration of a brand new, pioneer University for Tri-Lingual (French-German-English) High-Tech Engineers "ECAM-Strasbourg-Europe", focused on the development of Europe-World activities, the experienced President of the Constitutional Court of France, former Parliament's President, Jean-Luis Debré (2007-2016), speaking to "EuroFora", revealed that the Highest and recently strengthened Court, (able to check Laws now not only at 60 MPs' demand, but even whenever any Citizen raises a serious issue of Constitutional Law, including of the PanEuropean Convention on Human Rights, if higher civil or administrative Courts refer it to the CC's judges, who include all former Presidents of the Republic, i.e. Giscard d'Estaing, Chirac and Sarkozy), considers the nearby Karlsruhe'based German BundesVerfassungsGericht (Federal Constitutional Court) as "a Model" from which it can inspire itself, particularly on European Law cases.

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Timely, the move came just after the German Constitutional Court dealt on September 2012 with some High-profile cases concerning the new €uroArea Treaty and the European Stability Mechanism, urgently needed as key tools in current efforts to tackle the Financial and Economic Global Crisis, as well as certain crucial BioEthics' affairs, including on controversial Pre-Natal Genetic Testing, (after EU's own Court of Justice, at nearby Luxembourg has recently outlawed Patents on Human Embryo Genetic Manipulations, as incompatible with the "Human Dignity" value protected by EU's Lisbon Treaty and its Charter of Fundamental Freedoms, etc),

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but also while the New French Government of President Hollande (Socialist) notoriously plans to draft Laws on such controversial issues (quite unpopular both in France and in several other European Countries, even in the USA, etc), as Same Sex "Marriages" including Adoption of Children and even In Vitro Fertilisation (Artificial Births), Genetic "Testing" on Human Embryos, Non-EU residents' right not only to vote but also to be elected in not only Municipal but even Regional Elections -which choose the politicians who can participate also at the procedure of selection of Senators, key for any Constitutional Reform, and even of any new President of the Republic in France, etc.


- In particular, replying to an "EuroFora"s question whether he expects any important cases related to European issues to be referred at the French Constitutional Court, and what he thinks, in this regard, about the nearby Karlsruhe-based German Federal Constitutional Court's strong involvement in various such controversial issues, CC's President Jean-Luis Debré stressed that "we consider the German Constitutional Court as a Model, from which we can be inspired"...

 

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 Both EU-related and ECHR main legal principles have already become, in practice, integral part of the norms applied by the Constitutional Court while checking draft and even adopted Laws' at the demand of 60 MPs/Senators or on a question raised in ordinary Courts and referred to it, according to recent legal developments in France.

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+ French Highest Court's President went on to add, earlier, that, in general, "France's special relation to Germany is of fundamental importance", so that, whatever might happen, at any case, "Europe's Future implies" that France and Germany are closely linked together, since EU's and €uroArea's development is based on the Franco-German friendship.

Debré has already invited CoE's PanEuropean Parliamentary Assembly in Paris, when he served as President of France's National Assembly, which invited him to speak at a Strasbourg's Plenary session, but it was the 1st time that he expressed so clearly his appreciation for a key institution of Germany.


These obviously Timely points are particularly welcome, "a fortiori", when it comes from a personality such as Debré's, (who is also son of De Gaulle's favorite former Minister of Foreign Affairs, Economy, Justice and Defense, as well as Prime Minister, and an active participant in the elaboration of the French Constitution : Michel Debré), whose "Family had been obliged to leave (Strasbourg's Region) Alsace at the end of the 19th Century in order to remain French", as he reminded.

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After pointing at the fact that he is "independent" from any political pressure, as Head of France's Highest, Constitutional Court, where his Presidential mandate has "4 more Years" to run (up to 2016), J-L. Debré, also observed that, today, it's in the General Interest of the Country and of all the EU to find efficient ways to overcome the Global Crisis, and advised all involved to positively examine, for that purpose, any really useful ideas, projects, contributions or suggestions aiming at the general good of the society, without negative political discriminations.


Criticizing those who are sometimes pessimistic over the World Economy and particularly EU's chances to succesfully overcome the current Global Financial Crisis, President Debré's earlier speech at ECAM fustigated "inaction", stressed that we must not "wait" for something to happen, just out of the blue, nor loose precious Time in Pessimism and Nostalgy, but, on the contrary, activate adequate measures, "be Ambitious", even when facing strong Competition, with an open and fighting spirit, developing Competences and Critical/Innovative ways of thinking, with a feeling of Responsibilities inspired by optimistic Voluntarism for Europeans.

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Significantly, a simple but Concrete example was the place and the time where Debré was invited to speak, just after the inauguration of an innovative Higher Education "ECAM-Strasbourg-Europe" brand new establishment at Strasbourg's European Business Area, where Students not only from the surrounding border region Alsace, but also from all-over France, Luxembourg, Belgium, Switzeland or Germany and Switzerland, (particularly nearby Baden-Wurtemberg and Bale, which are integral parts of the "OberRhein" - "Superior Rhine" EU Tri-National Trans-Border Region, legally established on 2010 : Comp. "EuroFora"s NewsReports from the Franco-Germano-Swiss gathering at nearby Offenburg), even from elsewhere in Europe or in the World, are due to be trained in order to become Engineers for a Wide Spectrum of High Tech Professional careers in Private and/or Public Businesses spreading from Air-Space, Naval and Rail Transports up to Electric Cars' Industry, Information Technologies and Consulting, but also Electronics and Materials, Telecoms, Energy and Buildings, Bio-Medical, Environmental and/or Food industries,  etc.,  (See relevant Graphics), pointed out to "EuroFora" ECAM's Director Sonia Wanner. 

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 Wanner, after welcoming Président Debré, explained to "EuroFora" that ECAM-Strasbourg-Europe's Professors already have, principle, a useful Experience in how work is organized in various productive Enterprises, (herself comming from an organisation active in Environmental issues and Sustainable Development), while ECAM's Students, (educated here up to a Masters' degree), are destinated to work mainly destinated mainly in Real Economy, on innovative Production, (see relevant Graphics), open towards Europe and the whole World.

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+ In a particularly useful addition, Inter-Cultural working relations, European History and Tri-Lingual (French-German-English) courses are systematically taught at all Students of the pioneer new Higher Education School for Engineers, said to "EuroFora" the Head of ECAM-Strasbourg-Europe's International department, Mrs Celine Poloce - Winter.

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Willingly adopting with a smile a suggestion made by "EuroFora"s co-Founder since a long-time ago to various key interlocutors, she found indeed "interesting" to eventually "give a try" to test developin a kind of "Meta-Language", overall simplification in the systematic learning of Thousands of Words in each one among these 3 EU Languages, by organizing a systematic comparison, in a joint Vocabulary which would group Words according to the main idea that, in fact, the English Vocabulary stems, both Historically and Linguistically, partly from the French and partly from the German Languages, thus facilitating their joint learning in trio, (independently of Grammar and Pronunciation aspects, as well as, perhaps, of a few Scandinavian inputs).

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(NDLR : "Draftnews", as already sent, earlier, to "EuroFora"s Subscribers/Donors. A more accurate, full Final Version may be published asap).


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Sarkozy and Merkel want deals with Obama on European Security at Strasbourg's NATO 2009 Summit

oscenato
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In parallel but concording moves, EU Chair, French President Nicolas Sarkozy and German Chancellor Angie Merkel both invited this week US-President elect, Barack Obama, to discuss important deals breaking new ground on European Security during the NATO's 60 Years Anniversary Summit of Heads of State in Strasbourg, where Obama is expected to make his 1st visit to Europe as a President on April 2009.

Merkel focused mainly on smoother NATO - EU Defence and Security policy cooperation, while Sarkozy spoke about PanEuropean Security, associating both Russia and the USA, proposing to freeze missile and shields' deployement until an agreement is reached.

But both tackled some hard nuts to crack : Turkey's VETO against the participation of EU Member Cyprus to EU-NATO cooperation, and Russia's anouncement on deployment of missiles up to Kaliningrad, at EU's belly, in reply to USA's wish to set up missile shields in EU States such as Poland or Czech Republic, etc.


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- "Certainly...one of the points that we'll dicuss with the New US President", Barak OBAMA, "who will come f'or the 1st time in Europe as president, at the NATO Summit", co-hosted by France and Germany in Strasbourg, ""concerns, above all, the European Security and Defence Policy" (ESDP), and "the relations between NATO and its partners", with whom it should "work together", anounced earlier this week Merkel.

We must find "a reasonable and adequate concept to articulate NATO and European Security and Defense policy", because of a "series of practical issues, sometimes difficult to understand", but that "we must discuss".

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- "An example" of that is "the issue of Cyprus and Turkey", said Merkel, where Ankara raises problems "from Kosovo up to Afghanistan", as also CoE's chair, Swedish Foreign Minister Carl Bildt recently observed in Strasbourg replying to EuroFora's questions.

- "We must do something to smoothen this problem for good, and not only on a case-by-case basis, laboriously negotiated each time". Here, we must find "a reasonable and adequate concept to articulate NATO and European Security and Defense policy", Merkel stressed.

- "With good will from all sides, it could and should be posible. Germany wants also to help on that". Otherwise, "the coming generations will not understand why it took Decades to do so". But, if we "don't even achieve that for Decades, this would be an Historic Failure !", the German Chancellor warned

- "I think that our American partners are increasingly realizing that", Merkel said, pleading for "a stronger European Security and Defence policy, with which, I believe, the Atlantic Security Partnership can also strengthen and solidify".

Meanwhile, USA is also due to take in 2009 a special status inside EU-led EUROCORPS, the European Army HeadQuarters, based in Strasbourg.

Merkel said that after meeting in Berlin with NATO's Secretary General, Jaap de Hoop Scheffer, earlier this week, precisely in order to "prepare NATO's Summit", scheduled for the beginning of April 2009 in Strasbourg.

Scheffe, knows well Strasbourg, since he chaired the CoE, as Holland's Foreign Minister, when he brokered a controversial deal precisely on Turkey and Cyprus about the implementation of ECHR judgements on Greek Cypriot displaced persons' houses and properties in 2003. He returned later at least once, for a WEO meeting at the CoE, where he precisely had highlighted such EU - NATO issues.

EU Commission's 2008 Report on Turkey has just observed that, on European Defense - Security policy, "Turkey continues to object to EU-NATO Cooperation which would involve all EU Member States". "This created Problems for EU-NATO co-operation in the context of Civilian ESDP missions, in particular in Kosovo and Afghanistan".
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 French EU Chair, President Sarkozy and Merkel are visiting Washington on Friday and Saturday for a Global G-20 Summit with current US President George Bush, on the sidelines of which are expected preparatory contacts with US President-elect Obama's entourage, even if himself might stay in Chicago until he takes over on January 21.

Before going to Washington, Sarkozy concluded today an UE - Russia Summit with Dmitry Medvedev, where they "spoke in length on PanEuropean Security" :

- As EU President, I proposed that we meet on mid-2009 in a framework such as OSCE's in order to set the foundations of a Future Pan-European Security, which would associate Russia and USA, and that, meanwhile, nobody speaks about deploying missiles or shields, which complicate the situation".

- NATO's Summit in Strasbourg-Kehl, on April 2009 is a perfect occasion to discuss with our American friends and to prepare a possible OSCE Summit for these issues f.ex. for June or July", Sarkozy concluded.

- We must all abstain from Unilateral measures" dangerous for Europe's security. "Russia only reacted to decisions taken by some other countries. But if they are ready to cooperate, we are ready to discuss. EU could be an intermediary", added Russian President Dmitry Medvedev, before going himself too at the Washington G-20 Economic Summit.

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