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Home arrow newsitems arrow Luxembourg Grand Duke Henri with CoE leaders: Juncker's EUElection win to ease EU Accession to ECHR?

Luxembourg Grand Duke Henri with CoE leaders: Juncker's EUElection win to ease EU Accession to ECHR?

Written by ACM
Thursday, 27 March 2014
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*Strasbourg/CoE-ECHR/Angelo Marcopolo/-  Will History repeat anew itself on a crucial and strategic Human Rights development ? The CoE's member Country which triggered the Enter into force of he ECHR, for the respect of Human persons' Rights  by States, was Luxembourg, back on 1953. Today, more than 60 Years later, Luxembourg might also become at least a Facilitator to the application of ECHR also to EU Institutions, which have, in the meantime, gained considerable control over many important activities affecting People's lives, according to the outcome of the forthcoming, May 2014 EU Parliament's Elections, as the mere fact of an exceptional visit of Luxembourg's Grand Duke Henri to all CoE's Leaders in Strasbourg, followed by a solemn Hearing at the PanEuropean Court, indirectly but inevitably evoked, at least symbolically :


- Indeed, Today, both COE's PanEuropean Parliamentary Assembly new President, Anne Brasseur, (at the Head of the body which is due to elect the New Secretary General of the CoE for the period of 2014-2019 on June), and ECHR's President, Dean Spielmann, come from Luxembourg. At the same time, the biggest EU political Party, that of ChristianDemocrats/EPP, headed by French MEP Joseph Daul from Strasbourg, has just elected, at a Congres held in Dublin (Ireland), Luxembourg's former long-time Prime Minister, Jean-Claude Juncker, in order to lead the Campaign for the May 2014 EU Parliament's Elections, which, according to the EU Lisbon Treaty and an agreement between MEPs and EU Governments, are due to determine the new EU Commission's President. Now, Juncker, notoriously is the Key European Personality to whom CoE's Heads of State/Government's latest  Summit at Warsaw, back since 2005 : Comp. "EuroFora" co-Founder's NewsReports from Warsaw, +published then at "TCW", etc)), had officially entrusted with the exceptionaly important Mission to make a Report on the main Idea, Strategy and Tools for the Future of an EU - CoE cooperation, i.e. between the nowadays 28 EU Member States and PanEuropean CoE's 47 Member States (including Russia, etc. but also Turkey, etc), which had finaly focused on a kind of Standard-setting function for the CoE on Human Rights values and issues, the EU dealing more on Political choices and practical implementation. Thus, he could become the 1st EU Commission's President in Brussels, with a very good knowledge of CoE's Strasbourg activities, centered around the ECHR.

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-  But, until now, even if, "what is anounced as a New Substantial Stage", i.e. "the forthcoming Accession of the EU to the (Pan)European Convention of Human Rights, ...is foreseen by the (EU) Lisbon Treaty", nevertheless, "some Legal Obstacles still stand on its way", warned the Great Duke of Luxembourg at his address to a special Hearing by all the Euro-Judges at the ECHR, where "EuroFora" participated.


- "However, there is a clearly expressed Political Will, and this would reinforce even more the Importance of Strasbourg's Court", Grand Duke Henri highlighted positively at the Horizon, pointing to the virtues of conscious European Politicians' voluntarism.
Experienced observers were, moreover, surprised by the unusual Fact that, just after Luxembourg's Grand Duke and Duchess were earlier officially Welcomed by all COE's Leadership, at the main Building of the PanEuropean Organisation, as "EuroFora" witnessed personaly, he arrived at his last bilateral meeting with the President of the Congress of Local and Regional Authorities of Europen, Herwig Van Staa from Austria, the country which currently Chairs COE's Committee of Ministers, he had already taken an unexpected Delay of at least Half an Hour, which was later tranfromed at the nearby ECHR building, where many People were anxiously Waiting for his Speech, into more than 3/4 of an Hour later than initially scheduled...


>>> An obvious indication that his successive encounters, particularly with the experienced CoE's Deputy Secretary General Gabriella Battaini-Dragoni, from Italy, as well as with the Representative of the Austrian Chairmanship of CoE's Highest Political body : that of its Committee of Ministers, Permanent Representative/Ambassador Rudolf Lennkh, had apparently a .. much Longer Duration than expected, (while the forthcoming, next EU Council's Chairman-in-office for the period of July - December 2014, Italian Minister Andrea Orlando has just met in Strasbourg, on Tuesday, March 25, with CoE's Secretary General Thornbjorn Jagland, who is due to visit EU Commission's Headquarters in Brussels next week), leaving the impression that something interesting might be currently prepared as far as it concerns such Top issues on EU - CoE relations as f.ex. the above mentioned EU Accession to the ECHR  :
+ An issue currently judged so Topical that it will be at the focus of a forthcoming Conference and Debate with ECHR's President Spielmann at the prestigious French School of Top Officials for National and European/International Governance "ENA"'s Headquarters in Strasbourg on April 10.


- The experienced, long-time ECHR's Director of Press and Communication, Roderick Liddell, responded to a relevant "EuroFora"s Question simply with a kind smile and by waving friendly"" his hand towards the open sky, adding that there was "no immediate relation at all, between these two differend developments, precisely as he was expected to do... - "We can always dream...", replied "EuroFora" to Liddell, who, at least, didn't deny that...  As for ECHR's Head of Public Relations, Stephanie Klein, at first Amused with the speculation, afterwards got a Thoughtful expression... - "As the Grand-Duke told us himself : "No Hegemony of Luxembourg !", reacted laughing an Ambassador/Permanent Representative of a key European Country to the CoE, to "EuroFora"s suggestion, but without excluding at all a friendy facilitation of an, at any case, Collective EU/CoE probable Decicion soon..

- That Ambassadorial observation pointed at Grand Duke Henri's sense of Humour, in his speech at a special Hearing of the ECHR, where he "ensure(d)" a prestigious CoE audience that "this rare situation, where a (CoE's) Member State of a Modest Dimension (as Luxembourg), Accumulates such Responsibilities (as, currently, those of CoE Parliamentary Assembly's and ECHR's Presidencies, by former Head of the Liberal Group of MEPs Anne Brasseur, and EuroJudge Dean Spielmann, respectively : Comp. Supra), inside an International Organisation of primordial Importance, does Not result from any Hegemonic will of Luxembourg's Great Duchy on CoE's Institutions", but "is a fruit of circumstances", "as well as it Reflects an Appetite of my Country for the Values on which is Founded the Cooperation inside the COE,  since its inception, namely Respect for Human Rights, strengthening Democracy, and the preeminance of Law", as he said. Also because "the Challenges faced by a Small State, cornered between 2 Big European Powers (France and Germany), and, even worse, the direct Threats for its own Survival during the Decades, have impegnated it with a particuliar Sensitivity vis a vis anything affects the Rule of Law, be it for States, or for Private Persons", he explained.


=> "It was Natural, therefore, for Luxembourg, one among CoE's Founding Members, to be a first order Ally of ECHR, already since its own Birth : Symbolically, the Great Duchy of Luxembourg was the 10th State to lodge at the COE the instrument of Ratification of the (Pan)European Convention of Human Rights", back on 1953, "thus allowing its Entry into Force", he observed.  - "I love to remind that it was my Grand-Mother, Great Duchesse Charlotte, who has put her Signature under the Ratification Law" : "This act expressed Luxembourg's Commitment for a Union of Europeans "by developing Human Rights and Fundamental Liberties", he concluded on this Historic point of obvious Symbolic Value also for the Future.


+ By the way, as "EuroFora" had already highlighted, on the occasion of the "ECHR entry into force 60th Anniversary, eve of EuroFora Editor's Birthday: 3 September (1953)-2013 !", as E.M. had observed then (See :  http://www.eurofora.net/brief/brief/echrbirthdayeveofambirthday.html ), wishing a "Hapy Birthday" to all concerned !", "by another coincidence, it's also in 1953 that was discovered the DNA, theoretically opening a way for Genetic Manipulations of Human Embryos 20 years after Aldus Huxley's "Brave New World", and obviously making at least an elementary protection of Human Rights a "must", as probably felt the then Prime Minister of Luxembourg, Pierre Dupong, a Catholic who founded the governing Christian Social Party. Nevertheless, ECHR didn't start to publish important Judgements on BioEthics but later-on, (f.ex. on the Raelian sect versus Switzerland, etc). Meanwhile, however, EU's Court of Justice, established afterwards in Luxembourg, took some landmark judgements in that field, of fast growing, topical importance today, including, particularly, by recognizing officialy a Legal link between the "Human Dignity", in principle safeguarded by EU's Charter of Fundamental Freedoms and Rights, and the Human Embryo vis a vis Genetics, by considerig that Patents are not applicable on such Human Cells. But both Courts -ECHR and ECJ - seem naturally due to have many occasions in the foreseable Future to develop further a consistent BioEthics' case-law soon, given the recently fast-growing Technical and other developments in Genetics Worldwide"

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    - Today (27/3/2014), ECHR's President Spielmann, welcoming the Grand Duke Henri in Strasbourg, pointed out that the PanEuropean "Convention (on Human Rights) is Not Frozen in time. In many areas it has Evolved and is even in constant Evolution. The Court has interpreted the Convention in a Dynamic manner, in the light of "Current Living Conditions" (mainly on what is called "BioEthical" issues, as Spielmann had already observed, earlier this year, in Reply to an "EuroFora"s Question : Comp. : http://www.eurofora.net/newsflashes/news/echrpresidentonjudgementsexecutionandbioethics.html ); it has Broadened the scope of the Rights guaranteed, to take account of Technological and Societal Developments that were Unforeseeable back in 1950". - Indeed, "more recently it (ECHR"s evolving Case Law) has intervened in New Areas, such as BioEthics, education or the Environment. (And) it has set out its Jurisprudence on the protection of the rights of Migrants and of Minorities, Sexual in particular", he observed, adding also some very Controversial and much more Dangerous than generally thought matters, (comp. ibid). 


    - That's one more reason for which, when, back on 1953,  "the Grand Duchy of Luxembourg played a Role that was far from insignificant, by being the 10th State to Ratify the 'PanEUropean Human Rights) Treaty, thus Triggering its Entry into Force (Comp. Supra), "the Luxembourg Parliamentarians were well Aware of ...this connection as, during the Debates on ratification, the Rapporteur observed that the honour fell to Luxembourg to enable the entry into force – and I quote – “of the finest European work that has ever been created”.  A work that he strongly believed would be – to quote him again – “the founding CornerStone of a Democratic Europe ... which alone will be Capable of Defending our Peoples against All those who would seek to Enslave them by Tyranny, from whichever Side it may come”...
    
    => "The first signatories to our Convention, ...expressed their commitment to common Values: Democracy, respect for Freedoms, the rule of Law.  But, above all, they created a Mechanism – the 1st of its kind – a Court to ensure the Observance of their own engagements, thus abandoning part of their sovereignty. ....The System put in place in Strasbourg constituted, from the outset, a major Step forward in the international protection of human rights. Who would have thought, indeed, in the immediate aftermath of the war, that Citizens would one day be able to obtain a Judgment against a State from an International Court? What seems self-evident today, was something Revolutionary just 60 Years ago". Indeed, "what makes our system Unique is clearly the Right of Individual Petition, open to everyone, regardless of nationality, home or residence. This is an unquestionable Achievement, universally commended. An Acquired Right that we have a Duty to Preserve", ECHR's President stressed, in face of some recent attempts by certain quarters, to heavily restrict or even practicaly drop that Basic Human Right, which have provoked strong reactions by some CoE Member States and particularly from International Human Rights NGOs, Personalities, etc.
    
    + Now, after "nearly 17,000 Judgments have been delivered, (so that) to choose just 1, 2 or 3 of the most emblematic judgments is a feat worthy of the heroes of mythology", ECHR's President decided, "nevertheless to cite 3 cases which(he) find(s) of particular Significance" :  The 1st confirmed "the Importance of the FREEDOM OF EXPRESSION, an  essential Foundation of Democratic society, not only for information received favourably but also for ideas which offend, shock or disturb"; as he reminded. The 2nd, had "put an End to DISCRIMINATIONS", f.ex. in terms of inheritance Rights, between Children born out of wedlock, and Legitimate Children", while "Court's role in Combating Discrimination, generally speaking, has been Fundamental", as he pointed out. And the 3rd, had associated the Prohibition of "INHUMAN or DEGRADING TREATMENT" with that of "LIFE", by "prevent(ing) the Extradition of a person to a country, the USA, where he risked ...to be ...placed on Death Row – the treatment reserved for prisoners awaiting execution". + Moreover, ECHR, "for nearly 50 Years now it has laid down the main principles of the right to a Fair Trial and the right to respect for Private Life, which also encompasses the right to one’s Reputation", etc., he added.

- The European Convention on Human Rights was due to become "the cornerstone of a Democratic Europe, a project for Peace and Freedom", hailed as "the finest European undertaking to date" by Luxembourg which triggered its entry into force by the deposit of the 10th instrument of Ratification in Strasbourg, (had) declared (then) EuroCourt's President Dean Spielmann, 16.500 judgements and 500.000 applications later, promissing to "strive, everyday, to continue in that direction". "Peace" and "Freedom" both between States, Citizens v. States, and between Citizens themselves inside the Modern and Future Societies, as the recent addition of BioEthical issues naturally implies (Comp. Supra)...


    => So that, Today, in order "to enable our Court to pursue its Mission and for Human Rights to continue to Move Forward, we Need ... strong Support", President Spielmann warned in conclusion, speaking of the foreseable Future.

 

(../..)


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3 EU Parliament votes to boost EuroGroup !

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After EuroZone Paris Summit's succes, Sarkozy calls to "think anew how to re-construct Europe !

"EuroZone and EU Institutional debates pave the way to 2009 discussions on EU Future, including Enlargment, Turkey etc. ?


23 October 2008

After EU Parliament strongly suppported in 3 successive Votes this week in Strasbourg French EU Chairmanship's move to boost Euro-Group at EU's core, while ideas on EU Institutional problems are awaited on December, "it's an open Question now" if this may lead to a debate on EU's Future, or not, told us French President, Nicolas Sarkozy''s Spokesman, Pierre-Jerome Henin.

MEPs voted on Thursday fresh Funds to support EuroGroup, after adopting on Wednesday a Resolution asking a "further Evolution" to "the 1st ever meeting of Heads of State and of Government of the Euro-Zone, taking decisions in that capacity", while earlier this week a Report asked "a stronger Institutional setting" for "EuroGroup", extended from "competitiveness/industry" to "environment, employment and education", with "increased powers for Political decision-making", according to a text drafted by French MEP Francoise Beres and German MEP Werner Langen, "10 Years after the creation of Euro" (1999 - 2009).

- Brussels' subsequent "EU Council ..(simply)..ratified the measures decided by EuroGroup on October 12" in Paris, which "were necessary to contain the current Financial Crisis", Resolution observes, expressing also support to the new process succesfully initiated by Sarkozy and due to be completed by agreements with USA and other countries at a Global level.

From now on, it's between two differend but parallel moves : EU's delay, and EuroZone's acceleration, that Enlargement and particularly Turkey's controversial EU bid, will have to search its way :

Indeed, EU's 27 expect a "Roadmap on how to deal with the Irish problem" on Lisbon Treaty ratification after December, risking to pass even 2009 Elections and next Commission with the old Nice Treaty of 2000, out-dated and unfit even for 2004's Enlargement...

On the contrary, EU's core launches a real "Economic Governance for EuroZone at the highest level of Heads of State/Government" of the 15, which started in Paris on October 12 and was strongly supported this week in Strasbourg by Sarkozy and EU Parliament.
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- "It's a good idea, to launch such a debate ("on EU's Future") in EU Parliament in view of 2009 Euro-Election : Perhaps some MEPs will seize an opportunity", told us mainstream French MEP Alain Lamassoure, former EU Minister and EU Spokesman for France's governing party UMP.

- "All MEPs' debates on such EU Councils are also part of the larger debate on Europe's future : Now with EuroZone, and even more when, on December, Irish Prime Minister is due to table proposals in Strasbourg on how to deal with EU Treaty's ratification", replied earlier to our question EU Parliament's Press Director and Spokesman, Jaume Duch.
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Sarkozy has formally anounced his intention to open EU Debates on Economy, Identity/Enlargement (i.e. mainly Turkey), etc. both linked to a popular Political view of Europe, since his Historic speeches on EU in Strasbourg, on February and July 2007, when he stressed that "Europe needs a New Renaissance". At the beginning of the French EU Presidency, on July 2008, replying to a MEP, he suggested that EU Parliament takes an active part in Debates on EU's Future.

- Now, in 2008, "Crisis are an opportunity to re-think how to re-construct Europe", Sarkozy stressed. At any case, the Historic 1st EuroZone Summit of Heads of State/Government, which started replying to the Financial crisis,"is a Turning Point : After that, Europe cannot be governed as before, but differently" : People "like a Europe with Strong Will".

- "We must make the System move !", "Europe needs Innovation" and free political debates. EU "Elections are in a few Months", Sarkozy warned.

He invited EU Parliament to fully play its role as "the Democratic Heart of the Europe we want : United, Independent and Voluntarist, because the World needs Europe's voice".

- "It's no more possible for Euro-Zone to continue without an Economic Government" at the Highest Level of Heads of State/Government, who provide "Democratic Legitimity" and can take important decisions, he announced, strongly supported by EU Parliament's Economic Committee which just voted to boost the "Institutional" aspects of "EuroGroup".

Plasticity offered by the current absence of a special Treaty on EuroZone's Institutions "made it easy to adapt the organization of the 1st Summit with imagination, to efficiently meet urgent needs", he observed, on the occasion of Brittish Prime Minister's exceptionnal presence at the greatest part of EuroGroup's Paris Summit.

- "In EuroZone we have the same Bank, the same Money, and, thus, a same duty for Unity" : "By bringing together EuroGroup's 15 members States we suceeded to find a solution and prepare a Giant Plan of 1.800 Billion euros", Sarkozy reminded of Paris' 1st Historic EuroZone's Summit.

Afterwards, Brussels' EU Council followed the move, and USA's Paulson II Plan was inspired from that. "Europe must promote the idea of Global Economy's Refoundation", he stressed.

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- "I was frankly astonished when I found, at the EU, a rigid system, where any New Idea was seen from the outset as a sacrilege, while, on the contrary, Europe needs Innovation !", he described.

F.ex. ,"'When we first spoke about the "Union for the Mediterranean", it was misunderstood as something extraordinary.. When later we had the Russia -Georgia crisis, it seemed against EU's custom to act "in the middle of August", instead of staying a passive spectator ! And when, in front of the Financial ciris, we gathered the 1st EuroZone Summit of the "15", some thought of it as a lese-majesté", he denounced.
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On Geo-Political Principles :
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- But, by moving resolutely, "EU obtained the ...withdrawal of Occupation Troops in 2 Months !", reminded Sarkozy, observing that Russia "fulfilled its commitments", in the Georgian crisis, where a "disroportionate reaction" from Moscow followed a "totally inappropriate action" from Tbilisi's troops. "It would be crazy to reply by military means : EU should not become accomplice of another Cold War, imposed by lack of cool heads".. as he said.

In future, "the creation of a common European Economic Area with EU and Russia, would also obtain a raprochment on our Human Rights and Democratic Values", added Sarkozy, in a statement which should logically be applied, a fortiori, to controversial EU "candidate" Turkey..

Particularly when, the same week that EU Parliament voted 2009 EU Funds for Turkey's controversial EU bid, ECHR took a series of judgements condemning Turkey for grave Violations of Human Rights, such as : Torture, death of a political prisoner in unclear circumstances followed by failure to conduct a proper Investigation, "enforced Disappearance" of a youngster aged 17, Killing of a sepherd with Tank Shells, persecuting Journalists for articles on "Missing" People, even a former President of Human Rights' Association, (etc)

- "We (EU) can defend our ideas on respect of Sovereignity and territorial Integrity, on Human Rights and other differences ... without confrontation", Sarkozy stressed, on the occasion of Russian/Georgian conflict, reminding that : "we were only 2 steps from catastroph", when a Peace agreement brokered in Moscow prevented, at the last minute, Russian troops' advance towards Tbilisi.

An EU Parliament Resolution adopted Wednesday in Strasbourg on the occasion of Russia - Georgia conflict, outlines a set of Principle which apply elsewhere too, (particularly when EU Rapporteur for Russia and Turkey is one and same person ; Dutch MEP Ria Oomen-Ruijtanen !)

Clearly rejecting any "military solution to the conflicts", MEPs "condemn ..all those who resorted to force and violence". They denounce a "disproportionate military action", "as well as (an) unilateral decision to recognise the independence" of brekaway regions, "calling.. to respect the sovereignty and territorial integrity" of the concerned country, "and the inviolability of its borders recognised by all EU Member States". They warn that "EU must review its policy towards" a 3rd Country, "should .(it)...not comply with its commitments", and "stress that the withdrawal of.... troops from the areas ....is an essential additional step".

EU Parliament "calls for the safe and quick return of refugees, (accepted by Russian President Medvedev) accompanied by the deployment of EU observers on the ground", and "regrets ...that ..EU Monitoring Mission (EUMM) is not allowed to enter the ...breakaway regions". Moreover, "It's important to ensure that persons and NGOs ..engaged in defending human and civil rights can operate". "Until ...all remaining issues (are) resolved..., and notably the continuing ...Military presence", "relations with the EU ..cannot be fully normalised", MEPS warned.

As nobody likes to be accused to practice "Double Standards", this should be regarded as "Principles" applicable to any Third Country at EU's Neighborhood.. No ?

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On Economy :

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- "When Financial crisis shook US and EU's Banks, without result from the 1st (American) Paulsen plan, it was the common reply of the 1st EuroZone's Summit, involving some 1800 Billion euros, which started a positive move in the markets, soon strengthened by the follow-up of the US Paulson 2 Plan, noted Sarkozy.

- "Europe should not be only on the defensive, but, if necessary, know also how to take an offensive", he said, brushing away hesitationsto act on Economy: - "I'm for a refondation of Capitaliism, but against Speculators, who betray its values" : "Lack of Rules was profitable to speculators, Not to businessmen !" We must make sure to prevent any such crisis in future". "We, the rest of the World, cannot continue to bear the deficits of the 1st World power without saying anything !", the French President said, applauded by EU Parliament. All this needs "a New Global Governance", on which EU Parliament must debate. That's why "we proposed together with USA, several Summits from mid-November", to which G-8, enlarged to China, India a.o. countries, should participate. UNO's SG; Ban Ki Moon, the IMF, etc.

Financial crisis lowered shares' prices even for healthy companies, sometimes to 1/3 of their initial price, so that strangers might buy EU industries for only a portion of their real value, and Europeans may wake up one day with their main industries sold out to foreigners !

That's one of the reasons for which EU should debate about creating "Golden Shares" for States to jointly take Strategic participations to help European Industries until the end of the Crisis, particularly against distording competition, he suggested, pointing at USA's 35 billion $ plan for American Car Industry."We shall struggle for Europe to be able to build Airplanes, Ships, Trains, Cars, because we need a strong Industry", he concluded.

"F.ex. as we did back in 2004, when as Finance Minister, we bought Alsthom's shares for 800.000 euros, and, after restructuring, we sold them for 2 Millions : Help a company and make money is not so bad"...

As for the UK, "when Ireland announced that it would guarantee only Irish Banks, London City emptied from liquidities in 24 hours : It's the EU which helped to restore the situation, Not the UK alone !", reminded Sarkozy to nationalist British MEP Nigel Farage.

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On the contrary, in a last-minute attempt for the EU to catch-up with its Institutional delay "before the European Elections" of June 2009, MEPs simply voted a call for a "set of proposals" to be made for the "Irish public opinion" at the end of the year...

- "As long as Lisbon Treaty is not ratified by all 27 EU Member States, there is an unanimous decision to stop Enlargement, reminded Wednesday in Strasbourg the French Minister for EU affairs, Jean-Pierre Jouyet..

Added to an indirect but clear warning that, without Lisbon Treaty, all 27 EU Member Countries may not have a Commissioner in the 2009 resuffle, MEPS in the Constitutional/Foreign affairs Committees applauded hoping that this might motivate their Irish friends..

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