CoE Constitutional Law Experts Venice Commission Chair Buquichio to EuroFora on EU + Citizens checks

 

*Angelo Marcopolo/Strasbourg/- More Citizens' Rights to check the conformity of Laws and other State Acts to European Human Rights and Constitutional Law at their National Courts, and closer links with the EU, should be main "Trends" in all Europe, from France or Germany to Ukraine and/or Russia, in the foreseeable Future, said the New President of CoE's PanEuropean Constitutional Law Top Experts' body, the prestigious "Venice Commission", (which regularly attracts imporant University Professors and Politicians at the Historic City), Gianni Buquicchio, replying to "EuroFora"'s Questions, while taking stock of 20 Years since the Historic creation of CoE's Constitutional watchdog after Berlin's Wall Fall (1990-2010), from Europe's reUnification with the former "Eastern" Countries, up to Turkey's need to catch up with developments, while also keeping an eye on many "Frozen Conflicts" accumulated in or around Europe.

 The President of CoE's Top Constitutional Experts' body replied to "EuroFora"'s questions one Day before the arrival in Strasbourg of Russian Foreign Miister Serguei Lavrov, after revealing that,  "this morning, I met Mr (Konstantin) Kosachov, the Head of the Russian Delegation, and we agreed also to give New Impetus to cooperation with the Russian Federation", as he anounced, but without revealing details.

    - Also, "I met (Ukranian) President Yanukovych yesterday, and we agreed to re-launch our cooperation with Ukraine", starting by the "necessary.. Reform of the Judiciary", which should be followed also by Changes in the Constitution itself, "in order to avoid" in Future "those frequent Political Crisis" of the Past, because there is a "Need for Stability in Ukraine, (and) the President (of the Country) is convinced of that", he added.

     - "But we are (recently) working also with "Western" EU Countries, such as Luxembourg, etc., Buquicchio added, pleading f.ex.  for a cooperation with his own Country of origin : Italy, particularly on the Media, but also on other issues.
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    Earlier, taking stock of 20 Years since the creation of COE's "Venice" Commission (1990 - 2010), the experienced Buquicchio dressed an overall GeoPolitical and Historic view of its evolving landscape, reminding that CoE initially decided to create it immediattely after the Fall of Berlin's Wall, in order to help the former Socialist Countries adopt Constitutions similar to Western Democracies. But, once this was done, almost all of these Countries becoming CoE Members and several among them even EU Members, Buquicchio hinted that Venice Commission might start now to tackle also another thorny issue : That of many "Frozen Conflicts", such as those existing in the Caucasus, in the Western Balkans, in Cyprus, in Transnistria, etc., as well as in "the Mother of all Conflicts" : that of Middle East, where both Israel (as a full Member) and the Palestinian Authority (in a special status) cooperate with the Venice Commission, which feels "concerned" by the obvious need to contribute into finding some solutions on these Crisis in, or around Europe.

    Meawnhile, the particular situation of Turkey, an old CoE Member since the "Cold War" period, but still needing to make "necessary" full Constitutional Reforms, in order to really comply with some elementary Democratic and Human Rights standards, as well as some situations and issues existing even in "Old" Western Democracies, which could be also interested into ameliorating their own institutional performance, particularly in view of ECHR's case-law.

    - "EuroFora" observed that "Germany,  traditionaly has a very Low Number of Cases at the ECHR, apparently because the National System is much more efficient, with the Constitutional Court of (nearby) Karlsruhe, which monitors the conformity of Laws and other State's acts to the Constitution, "filtering" many cases", that, otherwise, would have arrived to the ECHR in Strasbourg".

    (This point had been made earlier by German EuroJudge, Mrs Renate Jaeger herself, speaking to "EuroFora" during a meeting with Journalists in the ECHR. : Comp. other relevant NewsReport, already sent to Subscribers/Donors, which is due to be published soon also in an Open Version).

    - "France also, recently introduced a system of indirect check of the Constitutionality of Laws, including vis a vis the PanEuropean Convention of Human Rights. Do you think that this kind of Constitutional Reforms, for a National Check of conformity of Laws and other Public Acts to the ECHR should be advised also for other Countries ?","EuroFora" asked.

    + In parallel, "EuroFora" also questioned the forthcoming developments on EU - CoE relations,  and particularly whether  Venice Commission's might somehow contribute into  forging the Legal Structure that will shape relations between the EU and CoE  in Future, on the occasion of the forthcoming EU Accession into the PanEuropean Convention on Human Rights, (for which Negotiations are expected to start around June).
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    - "We (CoE's Venice Commission) are making a Study concerning the Individual Petition, (to check Laws and other Public Acts' conformity to European Human Rights and Constitutional Law ), a General Study on this issue, because we are convinced that there is Now in Europe a Trend towards granting this Right to the Individual (Citizens) to go to the Constitutional Courts", revealed the President of the PanEuropean body, Gianni Buquicchio, replying to "EuroFora"s 1st question.

    - "And we (CoE) are very Happy for this Trend, which is already implemented in several "New" Democracies (i.e. former "Central-Eastern" European Countries, which had a differend, "Socialist" Legal System during the "Cold War" period when Europe was divided, before their accession to the CoE and for many also in the EU). Apart from the "Old" Democracies, as Germany, Spain, now France, and Italy also, etc." , Buquicchio observed.

    - This "is .. traditional territory for the Venice Commission", added in reply to "EuroFora"'s question also the current Director of Venice Commission's Secretariat, Thomas Markert.

    - "Here, Indeed, as you say, here, the German Experience shows that this can, ideed, be a very Effective Mechanism to REDUCE the case-load, because Germany is loosing, comparatively,  very  Few cases in Strasbourg", Markert observed.

    - "This could, indeed, be interesting also for other Countries, to study", he agreed with "EuroFora".

    - "In France, a step has been taken in this direction... I think, now, we (CoE) have to evaluate the Experience of this New French Rules : There are some very Particular aspects in these rules", CoE's Expert noted, but without going into concrete Details.

    - "In a few Years, it will be possible to evaluate, whether it would be Good for France  to take an Additional Step, and to make an (even) ..more daring and comprehensive Reform in this respect", he advised, after French President Sarkozy opened, for the 1st time, a pioneer possibility for Citizens to raise issues of compatibility, even of Laws, vis a vis the PanEuropean Convention of Human Rights, by prejudicial referal to the Constitutional Court.
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    - Markert also observed that, "when President Buquicchio replied to (an earlier) question on Turkey (by another Journalist), he welcomed the intention of Turkey to introduce the Constitutional complaint by Individuals to the Constitutional Court,  as A MEANS OF REDUCING the case-load in Strasbourg", by diminishing the number of complaints able to arrive here.
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"Regrets" on Turkey..
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    But, the President of CoE's Constitutional Law watchdog had expressed earlier also Venice Commission's "Regrets" for the fact that it was not allowed (by Ankara's Authorities) to cooperate with Turkey for the present Draft Changes in its Constitution, which is "necessary", according to a "call" that the PanEuropean body had already launched Years ago, calling for "large" and full Reforms.

    - "We (CoE) would prefer to see a more Larger Reform", because there are "also Other Sectors (of Turkey's Constitution which) need to be improved", the experienced Top CoE Official criticized. "But, when I say that, the Turkish Authorities reply by claiming that they don't have enough Majority to vote" a really full Constitutional Reform, he regretted.

    - "We'd better have a Wider Reform" in Turkey, instead of the limited changes planned now, "but I understand the Political Constraints" evoked by the Turkish Authorities, and "we (CoE) hope that this "1st Step" will be followed by Other Steps", he advised.

    Meanwhile,  "it's a Pity" that we (CoE) haven't even been officialy informed on the current Turkish Draft Constitutional Reform, but, from what we can see from some Press Reports, it looks "globally", quite good :

    F. ex., the idea to enlarge the access of Individuals to Turkey's Constitutional Court could be good also for the Turkish Authorities themselves, because they will see the Number of Applications to ECHR in Strasbourg against their acts to Decrease", Buquicchio had indeed observed.

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EU to become Full Member of CoE's Venice Commission ?
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    - "On the (other "EuroFora"'s) Question concerning the Accession of the EU to the European Convention on Human Rights, .. I would like very much, I'd wish very much, also the Accession of the EU to the Venice Commission", his President Buquicchio anounced, replying to  "EuroFora".

    - "Because we (CoE's PanEuropean Top Constitutional Experts", .. ) are working very much with the EU, we are involved in many cases BY the EU itself", (i.e. by inciting Venice Commission to act), which participates in our work, for a long time, and we'd  really wish to see the EU as a Full Member of the Venice Commission", Buquicchio concluded.

 

    - However, for its current Director, Thomas Markert, it's better for "CoE's Venice Commission" not "to be involved in the process of Accession of the EU to the (Pan)European Convention of Human Rights" itself.

    - Because, "my impression is that, already, too many Lawyers are dealing with this issue, and we should avoid to complicate it even further. So, I don't think that it's necessary to involve the Venice Commission as well" on that particular point, he added.
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    Optimist, President Buquicchio expressed, however in fine, his "Hope to see many of you in Venice", as he said to Strasbourg's Journalists, including "EuroFora", immediately after a CoE's charming Press Attache pointed with a smile to the Top Legal and Political meetings, also with new EU Commissioner on Enlargement, Stefan Fuhle (Comp. Fule's statements to "EuroFora" on March 2010), etc., at the beginning of June.

    Or, was it,  rather "Voluntarist" ?...