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Home arrow newsitems arrow CoE Rapporteur, French Assembly v.President Waserman to EF on WhistleBlowers' Legal status Query

CoE Rapporteur, French Assembly v.President Waserman to EF on WhistleBlowers' Legal status Query

Written by ACM
Thursday, 14 March 2019

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*Strasbourg/EU Parliament + CoE/Angelo Marcopolo/- While EU Institutions were fine-tuning and coordinating their work here, on the much needed Protection of "Whistle-Blowers" (like the famous Edward Snowden, etc), the PanEuropean CoE was Launching an Ambitious, Wide and Profound, operation, extending accross many More Countries, in order to Forge concrete, Operational Legal Tools, Starting with a 2 Days-Long Conference, organised, this Same Week in Strasbourg, by CoE's new Rapporteur on Whistle-Blowers, the vice-President of the French National Assembly, MEP Sylvain Waserman, who spoke Today to "Eurofora" on his plans.

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+Earlier this week in Strasbourg, on Tuesday, EU Commission's Chief Spokesman, Margarites Schinas, speaking in a Press Conference, together with EU Commission's vice President Katainen, (Comp. Katainen's statements to "Eurofora" on other Topical Issues at: http://www.eurofora.net/newsflashes/news/eucommissionvpresidentonchinaandspace.html), Announced that "the TriaLogue" (between EU Parliament, EU Commission and EU Council) had just reached an "Agreement" on the "High-Level Protection of Whistle-Blowers", following a Proposal initially made by EU Commission's President, Jean-Claude Juncker, on April 2018".(It updated and gave Legal Force to CoE's Committee of Ministers' pioneer and landmark Recommendation on WhistleBlowers' Status, which had been adopted on 2014, i.e. shortly after Snowden's initial revelations on 2013).

++ Shortly afterwards, this Thursday and Friday, at the Nearby CoE, the Rapporteur of the PanEuropean Organisation for Human Rights, Democracy and Rule of Law, vice-President of the French National Assembly, MEP Sylvain Waserman from Strasbourg, Started a Conference with Debates between Legal Experts, Whistle-Blowers, specialized NGOs, Lawers, Judges, etc., and even a Video-Debate with Edward Snowden himelf, scheduled for Tomorrow, working closely Together with the Experienced Head of PACE's Legal Committee's secretariat, Dr. Gunter Schirmer.

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UE's 27 or 28 Member States use to Cooperate with CoE's much Wider, 47 Member States' PanEuropean Organisation (including Russia, etc), which, in certain Areas of Legal Instruments "Open" to signature also by 3rd Countries, can Extend even Further, f.ex. in Constitutional Law (via the "Committee of Venice") accross 61 Member States, and/or on "CyberCrime" Topical Issues (via the "Budapest Convention"), where it's also the USA which participate, etc), as well as on Protection of "Private/Personal Data", etc., with a Recent Trend for EU - CoE Cooperation to lean Towards a kind of "Global" impact in the foreseable Future's Horizon, (Comp., f.ex. : ...)

So that it's not unusual in Strasbourg to see often, f.ex. EU's Offices to stand Aside ... f.ex. those of the Holy See, and/or of Japan, (etc)...

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- "Eurofora" invited Waserman to present a Highlight of his on-going work, right in the Middle of that CoE's Conference, on Thursday afternoon.

 - "There are 2 Aims", vice-President Waserman stressed from the outset :

(A) "The First is to make a Comparative Study of Various Laws in Europe, in order to identify Good Practices, and, therefore, make some Proposals",

(B) "and the Second is to try to identify Indicators, able to qualify the capacity for Democracy, to reply to the need for protection, etc.

Thus, in all our work we have that Double View :

- (1) Identify Good European Practices, and mainly show how the Decisions taken in the CoE have allowed to make Serious Progress.

These Practices, Nowadays, are very Heterogenous, and Need to be Stabilized, in the Rule of Law".

- (2) But also to find Factual Indicators, very Accurate, which allow to Qualify, by each MP, when he returns back to his National Assembly, and has to transpose EU's Directives, or make (legislative) Texts concerning the Protection (of Whistle-Blowers), enabling him to work with an operational Tool", he concluded.

=> So, Tomorrow (Friday), we are going to Formulate concrete Proposals", he anounced. "Particularly during the Last 2 Sessions, where there will be More and More Proposals".

+ "Afterwards, we are going to have a lot of Work to do, in order to make Scenarios on the way to move Forward".

- Concerning the Timeline, "we intend to use the Time available during the Summer, in order to be able, around September, to present proposals to our Collegues", (MEPs in CoE's competent Committee for Legal affairs).

Thus, "I'd be Glad to have the Result Ready, in a Report (adopted by the Committee), during the forthcoming French Presidency of the CoE, (i.e. between May and November 2019), Waserman concluded, for the time being.

 

(../..)

 

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Former "Green-Red" German government's Foreign Minister Joschka Fischer's job at the controversial Turkish pipeline "Nabucco" was denounced as "not proper", "very bad", and "incompatible with Democracy", by the new President of EU Parliament's EuroLeft Group, German Lothar Bisky, replying to an "EuroFora" question.

For once, criticism of Joschka Fischer's doings with Turkey affecting Europe, didn't come only from the Center-Right of the political spectrum, but even from his Left side : The experienced Bisky, who has been chairing all over 1993-2009 the PDS - Die Linke party :  

- "Former Foreign Minister Joschka Fischer got involved in dealings with oil-gaz business in a foreign country, Turkey, and its controversial Nabucco pipeline. This raises questions about Democracy, also because of the well known problems of Human Rights violations in that country. Do you thing that this might be abused in order to cover up and close EU's eyes on Human Rights violations ?", "EuroFora" asked Bisky.

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- "Nabucco pipeline is (only) at the planning stage". And "there are some difficulties",  he observed from the start. But "'I don't want to get into the details of Nabucco pipeline, because I don't think that there is any point for it at the moment".
 
At any case,  "we  (EU Parliament's EuroLeft Group) strongly believe that Politicians should not get involved in the Energy Business, and all these commercial transactions", President Bisky declared on the Joschka Fiischer's affair.

- "We feel that it's something that shouldn't be done. It's not proper !"           

- "We don't think that it's compatible with Democracy either, and it gets politics into a very Bad track", Bisky went on to denounce.
                                                                                                                                                                        
- "EuroLeft  and "Die Linke" always spoke against that, saying that politicians should not get directly into the arms of private enterprises"

- "It is pretty bad if a former Minister takes a job f.ex. in a major Energy producer. So, it's an issue if a Minister who may have seen excellent opportunities, subsequently gets personally grasp of them, in very serious parts of the economy, once he has given up his (Government) job."

- "It doesn't really make politics in general look any better'", Bisky concluded.

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Earlier, this week in Strasbourg, other Journalists had also raised critical questions on former Foreign Minister Joschka Fischer's involvement in the conroversial Turkish Nabucco pipeline to the President of his own EuroParty : Kohn-Bendit of the "Greens", who, contrary to Bisky, tried to find excuses for Fischer, while criticizing his long-time partner, Schroeder for having done a similar move :

- "Shroeder was chancellor", and he "negociated" with "Russians", who gave him a job only "3 Months" after he resigned from the Government. While "Joschka Fischer", on the contrary, got a job with the controversial Turkish Nabucco pipeline only "4 Years after" he left the Government. "He didn't negociate Nabucco", so I have "no objection", Kohn Bendit claimed.

But, many Facts indicate the contrary :

Joschka Fischer was Foreign Minister in Germany from 1999 up to 2005 : I.e. from the year that EU took the controversial decision to give Turkey a "Candidate" status, until he year it started controversial "accession negotiations, (later declared "open-ended" after Sarkozy-Merkel's arrival from 2005-2007).

During that period was prepared the controversial so-called "Annan" Plan (in fact, drafted by others and attributed afterwards to the former UN SG) on Cyprus, which failed after a Popular Referendum said "No" on 2004 with a large Majoriy of 3/4 : 75%. Mainly because it was criticized for making too much concessions to the Turkish side :  Particularly by restricting Greek Cypriot Refugees' Human Right to return to their ancestral Land and/or get restitution of their Familiy Homes and private properties, usurpated by Ankara's Army since the 1974 militay invasion and continuing occupation of the northern part of Cyprus. And by weakening the Central Government, leaving to 2 "constituent States" so much powers and separate interests that more conflicts appeared inevitable, provoking the danger of a break-down in the foreseable future, with more crisis, troubles, perhaps bloodshed, etc., instead of creating an harmoniously integrated, really one federal State.

The controversial Plan was finalized on March-April 2004 at Burgenstock (Switzerland), curiously in the presence of an Envoy by the Ministry of Foreign Affairs of Germany, then governed by Joschka Fischer, but in the absence of a French and not even an European Union's Envoy, contrary to what was usually practiced on similar occasions in Switzerland (fex. in 1997 at Montreux, in 2000 at Geneva, etc).

Turkey notoriously exploited the failure of the "Annan" Plan in order to convince the EU to decide to start accession Negotiations on December 2004. This provoked an unprecedented series of Institutional Crisis inside the EU, shortly afterwards, when French and Dutch People rejected, 2 popular EuroReferenda by a majority "'No" vote to the EU Constitutional Treaty on 2005, aggraveted in 2004 a Majority Abstention to EU Elections, etc., followed by the recent Irish "No", etc.

"Nabucco" Gas pipeline was notoriously planned since ..2002. It follows an even earlier idea, for an Oil pipeline Baku-Ceyhun, which started to be prepared on 1999-2001 and was meanwhile recently completed.  

So, facts indicate that what is now at stake is based on decisions made during Joschka Fischer's term as former Foreign Minister, closely interested in Turkey's controversial EU-bid.

To the point that he now practically ...switched jobs with a poliician from Turkey, (the State which pays today openly Joschka Fischer), Mr. Ozdemir, who came earlier in Germany, got fast the nationality, and became EiuroMP in a few years, continuing now as head of the "Greens" in Germany, i.e. in Joschka's former job !...

Such astonishing facts risk, unfotunately, to give to German politician Lothar Bisky's criticism of  representative Democracy a topical meaning :

 - "We (EuroLeft Group) think that what is really at stake is Democracy. It's not only about Gas Pipelines or Energy sources", President Lothar Bisky went on to add in his reply to "EuroFora"'s question on Joscka Fischer's personal interests in the controversial Turkish "Nabuco" pipeline.

Such facts, "make People get more distance from Politics. ...People had had enough, and they are fed up !".

- "That's why we (EuroParliament's "EuroLeft" Group) want to strengthen Direct Democracy in Europe. Citizens should be involved in the (EU) Decision-making. In the end of the day, it's not going to help anyone if Politicians are always taking decisions, without involving Citizens. We want to give a voice to the People of Europe. They've got to have their say in the decisions that are taken. That's one of our absolutely fixed and steadfast views. We want more Direct Democracy in Europe. That's how it can become more effective and stronger", he concluded.

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