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Home arrow newsitems arrow German Chancelor Merkel at Constitutional Court: Human Dignity in 21st Century = more EU+BioEthics ?

German Chancelor Merkel at Constitutional Court: Human Dignity in 21st Century = more EU+BioEthics ?

Written by ACM
Friday, 14 May 2010
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New, crucial issues on Europe, Human Righs, BioEthics, and their political conditions, marked the visit of German Chancellor Angie Merkel at the Constitutional Court in nearby Karlsruhe, together with President Horst Köhler, on the occasion of a "change of guard" between its former chair, professor Papier, and its new one, professor Fosskuhle, shortly after the Bundesverfassungsgericht (BVG) issued a judgement on EU funds lend to the Greek Government in order to protect EuroZone, and just a month before it deals with another thorny issue on Genetic Technology on June.

 The Key word, that resumes well the main substance of this event's exceptional character, not only for Germany, but also for Europe and perhaps for the World, was at the conclusion of Chancelor Merkel's speech, when she stressed that the common duty to protect "Human Dignity", (explicitly enschrined at the 1st Article of the German Constitution in a healthy reaction to the Nazi regime, based on the same inspiration as the European Convention of Human Rights), "must guide us also in the 21th Century".
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What is really at stake is much more than an implicit reference to the obviously interesting fact that a previous, controversial candidate for BVG's chair, initially proposed by the Socialist Party, Dr. Dreier, was reportedly refused by both the ChristianDemocrat CDU/CSU Majority and the "Greens", etc., after being strongly criticized for having taken in Public a dangerous stance which could apparently lead towards diminishing the protection of Human Embryo vis a vis Genetic a.o. Manipulations, while also allegedly opening a risky window even to "Torture" in certain cases, as it was hotly debated since 2008 in the German Press.

Such core Human Rights issues, which have a particularly large echo in modern Germany, whose People were the first to suffer from, and witness a Nazi regime's atrocities, are also topical today for all Europe and even the World, as it clearly results, f.ex. from the debates starting for the forthcoming 2010-2011 Review of  the French Law on BioEthics, or US President Obama's controversial 2009 decision to unfreeze funding for Genetic research manipulating Human Embryos, contrary to his predecessors' (both democrat party's Bill Clinton back in 1993, and republican party's George W. Bush on August 2001) earlier decisions to protect the Human Embryo from potentially dangerous and/or unethical Genetic interventions, as well as from the current, 2010 CoE's discussions on a probably Historic new Reform of the European Court of Human Rights after the February 2010 PanEuropean Conference at Interlaken, during the Swiss CoE presidency, (See "EuroFora"'s NewsReports from Interlaken).

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So, after an overall introduction by BVG's longt-tme Member and new vice-President professor Kirchof, it wasn't a surprise that, during the Karlsruhe ceremony, German President Horst Koehler, hailed, inter alia, the Constitutional Court's contribution for the protection of "Freedom of Expression", etc., particularly in view of the special importance that takes in the present context its role to defend the main characteristics of "a Democratic Society" "in a Globalized World".

Experienced out-going BVG's former President, prof. Papier, pushed the move even further by stressing the 2 new parallel trends of "Globalization and Europanization", particularly "on Human Rights", where, after the "Interlaken" 2010 CoE's Ministerial Conference (See supra), "National Supreme Courts" are more and more entrusted with the task to "integrate" ECHR's case-law in their national area, after CoE decided to make a greater use of this principle of "Subsidiarity", by making a strong appeal to all CoE Member States' competent National Authorities to act for the respect of ECHR's principles, creating a New Challenge.

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Already, as ECHR's German EuroJudge Renate Jaeger earlier told "EuroFora", the "secret" for the exceptionaly "low" percentage of German cases at ECHR, compared to other Countries, is largely due to the fact that the nearby Karlsruhe Constitutional Court provides a rather satisfying remedy for many applicants.

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Seizing that ball on the air, new BVG's President, prof. FossKuhle anounced his wish to, indeed, "further intensify relations with the ECHR and EU's Court of Justice", located in nearby Strasbourg and Luxembourg respectively, and, for that purpose, to start also "translating (BVG's) Judgements in French, English and Spanish".

President Fosskuhle also stressed that BVG should judge "only on Legal arguments", without "any Political" motivation, and promissed that the body will work "Collectively", according to the spirit of its Headquarter Building's well known "Architecture (symbolizing) Efficiency and Transparency". (A particularly interesting promisse for the European Press, since even German Government's Press Officers at Berlin were surprised from the unusual fact that, as BVG's Spokeswoman, Anja Kesting, confirmed to "EuroFora", while kindly providing practical information on how to follow the event, there was "exceptioally no Press accreditation procedure" for this unquestionably European interest event at nearby Karlsruhe, just a few minutes' distance from Strasbourg's European Court of Human Rights)...   

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 - "There is No Alternative to European Integration", sharply and topically stressed also German Chancellor Angie Merkel, adding references to EU's Lisbon Treaty, which has just entered into force since December 2009. together with EU's New "Charter on Fundamental Freedoms" for EU Citizens.

Moreover,  "based on the Principles enshrined in the Constitution", an harmonious "interaction and cooperation between all the Constitutional bodies : Government, President, Constituitional Court and Senate, ... provides the Stability which is at the Foundations of a Peaceful and Democratic living-together for our Society", she observed.

- "It's Wonderful that at this important Day, it's clear for all of us, that cooperation and Stability in our Country is shaped by our joint obligation to respect our Constitution, and particularly its 1st Article on Human Dignity : - This should guide us also in the 21st Century", Merkel stressed in conclusion.

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"Human Dignity" is not only considered to be at the base of all Human Rights, but is also the main key-word frequently used to designate the protection of Human beings fboth from Torture and Inhuman or Degrading Treatments, and from dangerous Genetic a.o. Manipulations.

This obviously put the finger, indirectly but clearly, at what was mainly at stake from the choice that the Socialist party was finaly obliged to make for Prof. Fosskuhle from Bavaria, after ChristianDemocrats, Greens and other political and social forces refused to back the initial SPD's candidate, Dr. Dreier, reportedly because of his controversial statements on BioEthics and Torture (See supra).

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A first, important "Test" for the new BVG's Chairman, prof. Fosskuhle, to show his sensitivity on BioEthic issues, will be shortly given on June 2010, when Germany's Federal Constitutional Court has already scheduled to deal, on Wednesday the 23th of June, with a "Law on Genetic Technology"...  

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However, in case, eventually, that the new BVG's Chairman might prove to be, in fact, not really differend from Dr. Dreier's controversial views, then, it will become obviously interesting, if not necessary, for all those who opposed such dangerous claims on  BioEthics, Torture, etc. to consider opening new ways of political coalitions, particularly focusing on crucial BioEthics issues, as, f.ex.  that between ChristianDemocrats and "Greens", who have already met often together in various struggles against Genetic and other Manipulations of Human beings, both at National and at EU level, (fex. inside EU Parliament) until recent years, and have already started to build even some national or local coalition governments, as, f.ex. in certain Regions in Austria, etc.

Naturally, this shouldn't be confonded with some obviously Opportunist infiltrations of the German "Greens" movement, f.ex. by Turkish lobbyists coming and going in and out of the Socialist or even other Parties ("Left", CDU, etc) according to their own selfish interests. (As that businessman reportedly linked with a deadly Air crash in Turkey and a Kidnapping Scandal in Brussels, who had been initially elected by "Green" voters but betrayed them by passing over to the "Socialist" party. Or another former assistant of former Socialist Minister of Defence, Rudolf Sharping, who left for the "Greens" after Sharping had to quit, among various Scandals, and got a Top job, but almost failed to be re-elected at the latest, 9/2009 Elections !)

On the contrary, an eventually necessary to boost Christian-Democrat - true "Greens" cooperation, at least on certain Crucial key-points of exceptional importance, (f.ex. BioEthics and other Human Rights, development of Environment and Climate-friendly Technologies, Financial adjustment on "Carbon"- Dumping from Foreign Countries which don't respect Environmental Legislation at EU's External Borders, etc), could also include other political and social players, (f.ex. many Liberals, and even certain exceptional Socialists, such as f.ex. the current EU Parliament's Environment Committee's Chairman MEP Joe Leinen, apparently sensitive on BioEthic issues, etc), and might become interesting in the foreseeable Future, punctually or even structurally, according to developments, not only in Germany, but also, perhaps, in France and other Countries, in EU Parliament, etc.

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