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Home arrow newsitems arrow EUROCORPS Commander +EU JHA Head to EuroFora: Lisbon Treaty's Human Rights +Security/Defence horizon

EUROCORPS Commander +EU JHA Head to EuroFora: Lisbon Treaty's Human Rights +Security/Defence horizon

Written by ACM
Wednesday, 02 December 2009
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*Strasbourg/CoE/Angelo Marcopolo/- Europe can better defend Citizen's Human Rights if there is a political will to really use Lisbon Treaty's new possibilities, said in substance to "EuroFora", EUROCORPS' new Commander for 2009-2010, Lieutenant General Hans-Lothar Domroese, and EU Commission's acting Director for Justice, Freedom and Security, Alain Brun, speaking in parallel, only hours from EU New Institutions' entry into force.

They both stressed in Strasbourg, headquarters of the European Court of Human Rights and of EUROCORPS, that, now, with Lisbon Treaty, new horizons on Human Rights and EU's Security and Defence have become possible and could evolve fast, mainly via the new method of "reinforced cooperations", but effective developments, and their timing, depend on political will....

In addition to EU's new Charter on Fundamental Freedoms, which entered into force today, Lisbon Treaty makes it possible and incites the EU to also become a member of the older and larger panEuropean Convention on Human Rights :

 A "useful" move both in order to ensure a "coherence" on EU Citizens' rights' case-law between the EU Court of Justice at Luxembourg and the European Court of Human Rights in Strasbourg, and because "they don't cover exactly the same areas", Brun observed to "EuroFora".

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Significantly, he spoke on the sidelines of a joint EU - CoE Conference on Childrens' Rights, fex. vis a vis Adoptions, trafficking, etc, where participants (EU/CoE Officials, politicians, experts, NGOs, journalists, and even individuals whose life had been seriously affected by various related issues) held "hot" discussions highlighting various problems still in need of the right answers, well beyond an International Hague's Treaty and a specific CoE's Convention, which still left several unanswered questions open

For the Legal, technical matters, "we have been prepared since a long time ago, so that we can move quite fast" for EU's accession to the ECHR, the experienced EU's Head of JHA's services told us.

According to CoE's sources, this might, eventually, include, fex. also a guarantee that EU institution's acts would be monitored by a special EuroCourt's Chamber composed by EuroJudges coming only from EU Member States, and not from other, Third Countries, among PanEuropean CoE's 47 Member States.

- "But the ratification process might take longer than scheduled", Brun warned. Eventual delays might come "not so much from EU Member States, since they have all, already accepted Lisbon Treaty which provides for EU's accession to the ECHR, but from others" : The PanEuropean "CoE (under whose auspices works EuroCourt) has 47 Member States, i.e. 20 Countries more than the EU (fex., since the end of the "Cold War" and Germany's and Europe's ReUnification : Russia, Ukraine, and other former "Eastern European" Countries, but also Turkey, etc., since the particular era when the "Cold War" had started in the Past : 1950).

So, "we don't know, in advance, whether there might be any objection or delay from anyone among these 20 more Third Countries, which are now members of the CoE, but not of the EU", he observed.

That's one of the reasons for which "the ratification (of EU's entry into the ECHR, which will open the possibility for EU Citizens to challenge EU Institutions' acts if they affect their Human Rights) might take as long as about 3 or 5 Years more", the EU Top Official carefully estimated.

 - "In fact, it all depends on Political factors", Alain Brun concluded, pointing at the incoming EU Commissioner on Justice and Home affairs, Mrs Viviane Reding from Luxembourg, who has been appointed in order to succeed to Jacques Barrot from France in the framework of the New EU Commission from January 2010.
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    But developments might be faster on another, partly complementary, issue of particular importance to Strasbourg-headquartered European bodies : EU Defence and Security capabilities, mainly with EUROCORPS, the multi-modal and multi-national European Army's "Etat Major" :

    - After Strasbourg Treaty entered into force, at the beginning of 2009, ratified by all 5 "Framework Nations" (France, Germany, Belgium, Luxembourg, Spain), to which are added other 5 "Sending" Nations represented by Liaison Officers, while EU Parliament was voting a landmark Resolution calling for the creation of a European Defence and Security policy based on the use of EUROCORPS' tool,  it has a Legal frame and Democratic support for further developments of a European Defence, observed his New Chief :

    - "What is needed now is that somewhere among the framework nations, emerges a "Driving Force" to boost the European Defence and Security policy", stressed from the outset EUROCORPS' new Commander for 2009-2010, Lieutenant General Hans-Lothar Domroese from Germany, speaking to "EuroFora".

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Perhaps significantly of EUROCORPS' Enlargement possibilities, his new Commander took over his duties by succeeding to a Spanish General, just before Spain chairs the EU in the 1st semester of 2010, and was present at a CoE event on the "double Anniversary of Romania's National Day and of EU Lisbon Treaty, on December 1st 2009", as CoE's Deputy Secretary General, Mrs Maud de Boer-Bucquichio observed

    Domroese, speaking the day Lisbon Treaty entered into force, akcnowledged that the possibility it provides for "Reinforced Cooperations" speaheaded by initiatives undertaken by some pioneer EU Member States and open to all other willing EU Member Countries is an adequate and efficient tool in that direction.

    - "But, in fact, it all depends on Political WIll", EUROCORPS' new Commander warned.

    Domroese, who has already served even at Afghanistan for a few months at the beginning of 2009, aqreed however with "EuroFora" that, at least at the start, EU's Defence capabilities' development can become soon Popular among EU Citizens, fex. by protecting EU's external borders, intervening in Peace-keeping operations in preference around Europe's Neighbouring Countries, (fex. in Cyprus, if a Peace deal for its ReUnification is made with a European/International Guarantee), helping to face "Natural Desasters", etc

    The new EUROCORPS' Commander, who took over his duties on September 2009 for 2 crucial years, speaking at the CoE to "EuroFora" appeared optimistic but also careful to further enhance both EUROCORPS' capabilities and political support in 2010.

    ESDP was the only one among France's 2008 EU Presidency's priorities who did not had enough time to be fulfilled then, particularly after it had to struggle (successfully) both against the unforeseen Global Economic Crisis and to stop an unprecedented Russia - Georgia War.

    Significantly, EU Parliament has recently decided to create, for the 1st time, a specific "Security and Defence Committee", which had been initially entrusted to the experienced German f. MEP Carl Von Wogau, from nearby Fribourg, (the "father" of EU's Monetary Union among MEPs, since he had worked for 10 Years as former President of EU Parliament's Economic Committee for the creation of EuroZone, before starting to help build EU's Defence).  After June 2009 EU Elections, EU Parliament elected as new President of its Security and Defence Committee the mainstream new MEP Arnould Danjean, from the Governing French Party UMP, a specialist of ESDP and GeoPolitical issues with personal experience even on the spot (Balkans, etc), who is well known among French President Nicolas Sarkozy's close councilors, as well informed sources from the Presidential Elysee palace said to "EuroFora".

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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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