

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

*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.
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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The recent paradox of freezing EU Talks with front-runner Croatia, while continuing controversial EU - Turkey talks, despite Zagreb's acceptance of Refugees' Human Rights to return, that Ankara refuses fex. in Cyprus, while both have "Good Neighborhood" problems vis a vis Slovenia, or Greece, Cyprus and Armenia respectively, can it be justified by the non-fullfilment of EU criteria, as Slovenia says, or, is it "Double Standards" ?
The question became unavoidable after statements by Presidents of Slovenia and Croatia, Tuerk and Mesic, respectively, to "EuroFora", exclusively or among Strasbourg's journalists this week at the CoE, on the sidelines of its 2009 Summer University for Political Schools, which topically brought them together as successive key-note speakers.
Comming only a few Months before EU checks Turkey's compliance to its commitments on Cyprus, etc., scheduled for December 2009, this obviously has a special importance for the coherence of EU Enlargement's principles.
Suspension of EU Negotiations is a normal consequence in case of a Candidate Country's failure to fullfil EU Conditions, such as "Good Neighborhood relations", stressed at first Slovenian President Danilo Tuerk, current CoE's chair.
But, regarding EU's Criteria, there shouldn't be any "Double Standards", reacted Croatian President Stjepan Mesic, commenting the fact that Turkey's controversial EU negotiations continue, while they were recently "freezed" in the case of Croatia, an "unquestionably European Country", which oficially accepts to respect Refugees Human Rights, contrary to Ankara's notorious refusals or reluctance.

Questioned earlier what "consequences on EU's Enlargement policy" can have the "Ban on EU Membership Negotiations", imposed to Croatia, Tuerk replied that "this question comes down to the fulfillement of (EU) Criteria for membership. One has to look at each Candidate Country ., from the point of view whether it fullfils the Criteria that EU has set. One of them are Good Neighborhood Relations, I'd like to remind. And also, there are other factors, such as Justice, Home affairs, Rule of Law, and others".
- "Now, ..Candidate Countries are at Different Levels of fulfillement of Criteria", he observed.
- " Croatia is obviously the closest to that. I'm rather optimistic : I think that in the coming Months we'll have an opportunity to look at all these issues constructively and hopefully we'll be able to make progress". "My main concern, at this point, is the situation in Bosnia : We haven't seen enough progres domesticaly. We haven't seen enough during ..political parties within their country.We need a New Energy, a new energetic move towards the Candidature for EU membership. "Other (Western Balkan) Countries (Serbia, Montenegro, FYROM, Albania) have been making soaring Progress, and I think that they should be ready, in a few Years, for the Candidate status".
- "As far as the Western Balkans are concerned, .. nobody should be left outside" the EU, Slovenian's President concluded, ommitting to mention Turkey's controversial EU bid.
- "This process may be seen as Slow, but.. Slovenia has also has also been exposed to various "Booms of Slowness" in our accession period. But now we can say that the process was relatively quick, because changes which occur after becoming EU member, are quite large, and they require proper Preparations before the (EU) membership becomes a new factor, an impacting line for a new (EU) member country".
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EU "Solidarity" ?
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Slovenian statements made some participants from certain 3rd Countries as FYROM, etc. claim that "the Principle of EU Solidarity" would "produce a.. rising European Union Nationalism (sic !), against Non-EU Countries", as they said, asking unhappy foreign countries to form a "bloc" to exert pressure on the EU...
But Croatian President Stjepan Mesic dismissed that, supporting "EU Integration", "after the Economy also in Political" issues, as "the achievement" of our times. In EU there is "diversity, but it's United", he stressed, "EU has to be United so that it can become a central factor of Peace" also at the surrounding areas, he replied.
Speaking later exclusively to "EuroFora", the experienced twice President of Croatia, former President of the International "Non-Aligned" movement, denounced "Double Standards" in the way EU treats recently Croatia compared to Turkey :
- "I think that there shouldn't be Double Standards", stressed the Croatian President, in reply to a Question comparing the freeze of EU - Croatia talks, with the continuation of EU - Turkey talks, despite the fact that Croatia is an "unquestionably European country", while Turkey's EU bid is notoriously controversial.
Mesic was reacting to the observation that, even if he confirmed his "respect of Refugees' Human Rights to return, etc. (See infra), nevertheless, EU talks are suspended with Croatia.. While for oher, controversial candidates, who refuse to respect Refugees' Rights to return, etc., as fex. Turkey does in occupied Cyprus and elsewhere, EU negotiations continue".
- "I believe that Croatia's accession will confirm that all European Countries who fulfill all of the Conditions and achieve European Standards, have to join the EU. There shouldn't be any Double Standards", went on to add in reply President Mesic.
In this relation, Croatia's President found "of paramount importance", CoE's "mechanisms enforcing ECHR's judgements"
- "On Refugees and Displaced persons, the process will be completed only after the last person demanding to return will be allowed to do so !", President Mesic Croatia stressed earlier, setting a general standard of obvious importance also for otherr candidates, as f.ex. Turkey, often accused to exclude or heavily restrict Greek Cypriot Displaced persons' return to their Family Homes and ancestral land, provoke difficulties to Turkish-Kurd IDPs return to their home regions at the South-East, etc.
Some "2.000 People are still reported Missing" in former Yugoslavia, for some Years, (as in Cyprus, modern Europe's oldest case, for 3 Decades. Nagorno-Karabach, Tcecnya in Russia, etc, more recently), and Investigations "will only be completed after establishing the fate of the last one of them", he added.
Speaking earlier on "War Crimes", President Mesic stressed that "Leaders are responsible for (the) Wars (of the Past), not the People", and called against Impunity : "Individuals have to be held Responsible for Crimes. International Penal Tribunals have to persecute those individuals", perpetrators of War Crimes, he underlined.
Such statements naturally made Mesic rather popular at ECHR, whose President, French EuroJudge, Professor Jean-Paul Costa, looked particularly smiling when he welcomed him later on Wednesday afternoon, after Slovenian President Daniko Tuerk earlier this week.
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