CoE Electoral Law Experts to "EF": Alert on Flaws typical of 2020 US Presidential Vote's Row
*Strasbourg/Angelo Marcopolo/- During a landmark CoE Electoral Legal Experts' Video-Conference accessible to Journalists, several Keynote Speakers from allover Europe and well Beyond, Replying to "Eurofora"s Questions, gave clear Critical Alerts on Many Flaws Typical of the 2020 US Presidential Vote's Controversy about alleged Fraud and/or Gross Irregularities, Starting from Elections' "Accessibility"principle, which Includes Votes' and Counting's "Transparency" as well as Independent "Observers", as it was Topicaly stressed, (See Facts Infra).
The Event was Organized by CoE's prestigious "Venice Committee" for "Democracy through Law", where USA is a Full Member, since that PanEuropean Organisation's outreach exceptionaly Extends, here, Far Beyond its usual PanEuropean scope, with 47 Member States (including Russia), going up to ...62 Member Countries accross the World, including Canada, USA, Mexico, Brazil, Kazakhstan, Kyrgyzstan, South Korea, Costa Rica, Chile, Peru, Morocco, Tunisia, (etc), with "Observer" Status for Japan, Holy See, Argentina and Uruguay, while Today, Exceptionaly, was also actively present even India...
Significantly, the move came While USA's Supreme Court has Not Yet Decided on the course to give to several Post-Electoral Legal Complaints on the 2020 US Presidential Vote's Row, including 2 Lodged by former US President Don Trump, (on Pennsylvania and Wisconcin crucial "Swing" States, whose Great Electors would be Numericaly Sufficient in order to Affect the overall Electoral Result), as well by the GOParty itself (on anOther Issue concerning the Biggest "Swing" State Pennsylvania, insufficient alone in order to Change the overall Result), etc.
The Chosen Date is, Even, very Close to February 19, when SCOTUS is Expected to Announce, at Washington DC, its Intentions on those Unique remaining Chances to Examine, Discuss and Pronounce itself on the Merits of at least some Key Parts of that UnPrecedented US Presidential Election Row, (since an Earlier Legal Complaint, lodged by Texas and 18 Other States was Droped for Exclusively Procedural Claims of "Locus Standi", provoking Dissending Views from Experienced Associate Justice Alito and SCOTUS' vice-President, Associate Justice Clarence Thomas).
+ This is, probably, the Reason for which, even OAS' expected Final Report on the 2020 USA Elections, initialy Due on January 2021, has Not Yet been Published until Now (mid-February 2021), since the treatment of Post-Electoral Legal Complains is an integral Part of any International Observers' mission to Monitor an Electoral Process.
And Today's CoE's "Scientific Electoral Experts Debate", (the 3rd in a Series), brought Together Senior Legal Experts from about 70 European and Other Countries accross the Globe, in an International Cooperation with Romania's Permanent Electoral Authority (ROAEP), which Traditionaly Publishes the Only Review exclusively dedicated to Electoral Law in Europe, as "Venice Commission"'s competent Head of Elections and Political Parties' Division, Pierre Garrone, from Switzerland, pointed out from the outset. Among various Practical Innovations by ROAEP for Local + Parliamentary Elections during Later parts of Virus' Emergency on 2020 was also the Registration of "Electronic Signatures", added to a Special "App". ready to use in the Future, pointed out its President, Constantin Mituletu-Buica.
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- However, Kick-Starting the Beginning of CoE's Video-Conference Today, Garrone gave it from the outset a Timely "Spicy" Tone, by Stressing, in particular, the Importance of "the Post-Electoral Phase", sometimes full of "Conflicts" and "Disputes' Resolution", on which "Staline had boasted in the Past that <<the Most Important is Not Who Votes, But Who Counts>>, while a Nicaraguan Dictator had warned adversaries that <<You Won the Election, But I Won the Count>>"...
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An Obviously Relevant Point to the above-mentioned Trump - Biden Controversy on alleged Electoral Fraud in the 2020 US Presidetial Vote, since it concerned Mainly Legal Voters' Identification, (particularly at "Mail-in" Ballots, "Drop-in" Boxes, Delayed Mails, Signature Verification on Absentees' Ballots, etc), Serious Doubts on Electronic Machines' Counting Reliability in Counting, and Lack of Transparency vis a vis Independent (National and/or International) Observers.
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- For the 1st Key Note Speaker, Austrian Katharina Pavel, Professor of Vienna University, the particular issue of this year's Conference : how to ensure a better "Accessibility" of the Electoral Process, was Key to Citizens "Participation" and "Trust", in general, as she stressed from the outset.
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- In a Question raised by "Eurofora", subsequently, on this occasion, we Observed that, indeed, recently, "there were Interesting Developments on Accessibility", "But", also the Fact that "a Topical Issue, Now, particularly after the latest US Elections of Nov. 2020, was that on occasion of the Virus, Many Efforts, of Various kinds, Controversial (f.ex. too many "Mail-in" Ballots, etc : See Infra), and Non-Controversial (f.ex. "Early Voting", etc), emerged for a More Accessible Vote, so that, Sometimes, this provoked Problems and/or occasions to Contest the Security of that Vote", "Claiming f.ex. Fraud, or Irregularities, or Technical Problems of such Voting" processes, "including also for Hacking, even from Abroad", etc., (Points on which Professor Pabel noded her Agreement).
=> - "Do you think that there will be any Possibility to Speak about Concrete Points in this Direction at this (CoE's 2021) Debate, or to Ask certain Concrete Questions about What Could be done in order to have the Opinion of the Speakers on that very "Hot" and Topical Issue about How to Succeed to be Accessible, But in Security", "Eurofora" asked the Speaker on "Accessibility during a Period of Emergency", Professor Oliver Kask, from Esthonia, President of CoE's "Council for Democratic Elections", competent for relations between the "Venice Commission" and CoE's Parliamentary Assembly, and Congress of Regional/Local Authorities, as well as the EU, OSCE and OAS, which are Monitoring also Elections in the USA.
Inter alia, OAS' own Credibility is at Stake, here, since the PanAmerican Organisation has Notoriously Denounced, on 2019, Bolivia's former Long-Time President Morales ("Left"), for Suspicion of Electoral "Fraud", based Mainly on the Fact that a Negative for him Initial Result's Trend, Suddenly, ...Vanished, and was even Reversed, by a Sharp "U-Turn" in Ballots Counted, Later-on, in the Middle of the Electoral Night, almost at the Last Minute, in a DisProportionate Move, of so High imProbability that it appeared Fake... I.e. precisely a Similarly Late Surprizing Artificial MidNight "Zig-Zag" as it Occured, Also, Several Times, during Many among USA's crucial "Swing" States, at the November 2020 Presidential Election ! (See relevant Photo + Graph. Document, attached herewith, as it was Afterwards shown on Video-Screen by President Trump himself).
+ To this, was Added, Later-on, also a -comparatively Secondary- Criticism about Wrongdoings related to an Electronic Machines System in Bolivia on 2019, (as it was Notoriously done Even in USA's case on 2020, by the Republicans, with the "Dominion" Machines' alleged various Discrepancies), and some Other, punctual, OAS' Critical Findings, quite Less Impressive than those allegedly Denounced by the GOP in the USA, just 1 Year Later...
=> In Consequence, an UnPrecedented Political Change occured on 2019 in Bolivia, practicaly implementing OAS' Findings against Morales' alleged Electoral Fraud, (Even if the Supreme Electoral Court of that Country had Officialy "Certified" Morales' Contested "Victory"...), After Not 1 (Contrary to what has happened until now in the USA, with Jan. 6, 2021 Wash. DC Popular Demostration), But ...Many Popular Protests at Various Regions in Bolivia, throughout a 1,5 to 2 Months-Long Period since that Contested Presidetial Election of 2019, Culminating up to a Crucial Point When the Chiefs of the National Army and Police were reportedly Convinced to Warn Morales that they did Not Intend to Oppress the Bolivian People's further protests, de facto Obliging him to Abandon Power and Leave the Country, (after which, a President of the Right was Elected, with Official Aim to lead into a New and Fair Presidential Election asap, according to OAS' main proposals) !
So that, Nowadays, Obviously, it remains to be seen If and How OAS' Final Report on the Subsequent, 2020 US Presidential Election Controversy, (which Clearly presents Striking Similaities to that of the Previous, 2019 Bolivian Presidential Election, from the point of view of Main Principles : Comp. Supra), might, eventualy, lead to, more or less Similar, or, on the Contrary, Different Conclusions by the PanAmerican Organisation's Elections Monitoring, just 1 Year Later, and Why...
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=> Meanwhlle, at any case, Today's Reply of Professor Oliver Kask, (President of CoE's "Council for Democratic Elections", which includes CoE - OAS' relations, while the PanAmerican Organisation has a Special "Observer" Status at CoE's "Venice Committee", where USA is full Member : comp. Supra), to the abovementioned Relevant "Eurofora"s Question (Comp. Supra), appeared Crystal-Clear and Adamant on main Principles :
- "It's a very Good Question !", Acknowledged from the outset President Kask, on "Eurofora"'s Query about How to have "Both Accessibility and Security" (i.e. No Fraud/Gross Irregularities/Hacking Risks) in Elections during the Current Pandemic situation (Comp. Supra).
- But, "there are Not yet very Clear and Good Answers to it", at least for the moment, he observed. Because, "Otherwise, we would have had a much Better Situation, in different Countries", while, on the Contrary, this has been a Very Big Problem, in various Countries, quite Recently", (he Regretted, obviously Implying also that mainly USA's current Post-Electoral Developments should have been "much Better", than what they Notoriously became lately...).
- Speaking on Concrete Matters, as "Eurofora" had Invited (Comp. Supra), President Kask, -"First of all", Pointed out that, "the Transparency (i.e. including the Notorious Big Row in the USA about National and/or International Independent Observers' Access in the 2020 Elections organized by Each Federated State, etc), and the Openess of the (Electoral) Procedures, of the Work of Election Management Bodies", i.e. "If there is enough Information on What has been done, what Will be done, and Why", then, "I think that the Level of Trust in the process, in General, Would Raise !"... (Given, Indeed, the well Known Fact that, inter alia, as Revealed also a Series of Public Hearings organised by the Parliaments of the 6 Crucial "Swing" States, including Thousands of written and signed "Affidavits" by Eye-Witnesses, Many simple People were Shocked by various Obstacles, excessive Distances, Exclusions, Interferences, etc., reportedly Opposed to accredited Electoral Observers throughout Nov. 3, 2020 Votes and Counting, sometimes Even in the Total Absence of Any Independent Observers, Overnight, f.ex. as a notorious Official Video Revealed in Pennsylvania, for Many Thousands of Votes' Counting, etc)...
+ "Ir concerns also the (stricto sensu) Security", (as "Eurofora" had observed : Comp. Supra) : Indeed, "If we have More Postal ("in-Mail") Voting", (Notoriously, the Most Controversial Matter in the USA, both Before and After the Nov. 2020 Elections, which Provoked a lot of Legal Complaints by the GOP, Systematicaly "Rejected on [Political] Partisan Lines", mainly by Dems-Appointed Judges, at least Until SCOTUS' Composition Changes recently, as "OSCE"'s Preliminary Report Criticized, since Nov. 2020), "more Internet Voting, or Mobile Ballot Boxes", (including so-called "Drop-In" Boxes, etc), or Hospital-Voting" (sometimes, reportedly, even ..."Parc-Voting", and/or "Drive Through Voting" etc, sic !), i.e. "in those Places Where the Possibility to Observe the Elections is Lower, (Comp. Supra), then, "I think that the Rate of (Citizens') DisTrust Raises !", President Kask Denounced... (A Key Problem, which in Other Countries stays there, but in the US it's even Worse, because several Legal Complaints have Also Criticized the Supplementary Fact that such Controversial and Obviously Dangerous for Fraud Measures, were Not Decided by the Competent, Parliamentary Bodies of the Federated States, as the US Constitution requires, But Only by some ..."State Secretaries" a.o. local Executives, in Violation of the Federal Constitution, as LawSuits at the SCOTUS clearly Denounced, including still Pending ones).
=> - As one of the Consequences of such a state of affairs, "due to the Emergency situation, and to the Pandemic, we just have to Take into Account that Trust to the Electoral Process might be Lower" Nowadays, he Warned.
>>> Otherwise, "this is why many Countries might be enclined to Postpone Elections, until just the Pandemic is over", (i.e. at an UnDetermined yet Future, given the Recent Worsening of the Virus' Spread Risks), President Kask further pointed out, underlying the Seriousness of what is really at Stake.
- Meanwhile, in particular, "concerning Transparency, one of the Key Issues is Observation". he went back to stress, on one of the "Hotest" Problems in the 2020 US Elections, (Comp. Supra). Indeed, -"We have to Guarantee that Observation, Both by the International Community (i.e. f.ex. EU, CoE, OSCE, OAS, etc) and by the Civil Society in the Country, is Still Possible !" And this, "Even with the "Drive-in" Polling Stations, or Mobile Ballot "Boxes", etc. (Comp. Supra and Infra), "we have to Give Enough Possibilities for Observers to be Nearby", Kask Urged, Demanding almost to make the Impossible..., "Even if they are Limited in their Number", "there Should, Still, be Possibilities to take Part in the Observation Missions". Among Various Practical Measures, f.ex., "for the International Community, we May find it necessary to take some Special Regulations, as the Number of Observers is Limited : Maybe we should Get Rid of some long Isolation Periods after Entering the Country or Leaving", as one of the concrete means for "the Trust and the Transparency of the (Electoral) Procedures to be SafeGuarded", he Concluded, in his Reply to "Eurofora"'s Question.
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+ Interestingly, while Kindly "Thanking" "Eurofora" "for that Question", Professor Tonea, from Romania's Police Academy, who Chaired that 1st Session of this CoE's 2021 Video-Conference of Electoral Experts, seized a Timely Opportunity to "Conclude" by observing that "All" this "underlines the Importance of (CoE's Venice Commission's) CODE for Good Practices in Electoral Matters".
>>> Indeed, that landmark "Reference Document of the CoE in the field of Elections", (adopted on October 2018), as the Official "Concept Paper" for this "Scientific Electoral Experts"' 2021 Video-Conference stresses from the outset, should serve to "Address" the "Main Principles of Electoral Law" Nowadays, (Applying also to the USA, as CoE's full Member), And that Includes, in particular, "Voting Modalities, in a Period of Emergency", such as, f.ex., "Remote Voting", with Controversial "Postal ("Mail-in") Voting, Electronic Voting, Mobile Ballot Box", etc., where "the Question could be raised Whether it Should be Admitted in General, or for Certain Categories of Voters" Only..., and, "If Specific Modalities are Introduced during a Period of Emergency", whether "they should be Limited to that Period, or could they apply on a Permanent basis ?"
=> In particular, under that CoE's "Code", as a matter of General Principle,:
(1) "Voting" "should Always" take place "in a Polling Station", and "Other Means of Voting" might become "Acceptable" Only "Under ...Conditions" :
= F.ex., "Postal ("Mail-in") Voting" might be "Allowed Only where the Postal Service is Safe (i.e. withOut "Intentional Interference") and Reliable" (i.e. "Functions Properly"), while, even then, it "May may be Confined to people who are in Hospital or imPrisoned, or to persons with Reduced Mobility or to electors residing Abroad". + According to that CoE's "Code"'s "Explanatory Report" (CER), "Postal Voting" needs "a Special Procedure", "a few Days BEFORE the Election", (i.e. withOut Late Posting, arriving ...After the Electoral Day, as Dems Scandalously did on 2020 in Pennsylvania and other "Swing" States in the US !...)
= On the Contrary, "Mobile Ballot ("Drop In") Boxes" are "Only ...Allowed under Strict Conditions, Avoiding all Risks of Fraud". + And according to that CoE's "Code"'s "Explanatory Report" (CER), "the use of Mobile Ballot Boxes is UnDesirable, (sic !), Because of the attendant Serious Risk of Fraud", unless under "Strict Conditions ...Imposed to Prevent Fraud"... If Necessary, "Postal Voting ...would Dispense with the need for a Mobile Ballot Box, which Often causes Problems and Risks of Fraud", CoE's norms stress, (i.e. Contrary to what was Scandalously done in several "Swing" States in the USA back on 2020)...
(2) "The presence of Observers, appointed by the candidates, must be permitted during Voting and Counting". "Observers, candidates' Representatives and the Media, must be allowed to be Present" during "the Counting", which "Must be Transparent", and "have Also Access to the Records". "The Places where Observers are Not entitled to be present should be Clearly specified by Law" and Not Foggy desiderata of local Executives.
(3) "Electronic Voting" could be permited "Only IF it is Safe and Reliable", if "Voters" can get "Confirmation of their Votes, and Correct them", while "Respecting Secrecy of Suffrage" and "Transparency" of "the System". Even OSCE's Final Report on US 2020 Election observed "a Problem of using Machines that do Not provide a Meaningful possibility for Audit", noting "a Tendency to Move Away from using Entirely Electronic Voting Machines, and Towards Paper-Based ... Solutions", which Facilitate "for Voters to "Verify their Votes have been Recorded as Cast", and "for Authorities to establish that Votes have been Counted as Cast, through a Post-Election Audit", "Crucial for Ensuring Integrity and Trust". But in "Georgia" (a Notorious Controversial "Dominion" Machines Hotspot), and Other States, it's "Ballot Marking Machines (BMDs)" that are used to Mark the Choice made by the Voter, and their "Complexity" "may Lead to Confusion", inter alia, Also because "Only Machine Readable (rather than Human Readable) Codes are scanned", withOut any Possibility for the Voter to Verify that the generated ...Code Matches his Choice" !...
(Etc...)
+ Obviously, these are Only Some among the Various and Numerous Questions Raised Nowadays about the Controversial use of "Dominion" Machines in Georgia and Other Crucal "Swing" States, Including, f.ex., Repeated alleged "Glitching" "Errors", Connexions at the Internet, "Hacking" Vulnerabilities, Refusals of Audits, etc., which have Not Yet been seriously and comprehensibly Examined by the Courts...
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+ But Issues Raised by the most Controversial US 2020 Presidential Elections Extend also to Various Other Key Matters, including, inter alia, the Notorious Massive Censorship of mainly Conservative Politicians and even Citizens' Freedom of Expression at the Internet, even US President Don Trump himself, by "Twitter" and Other "Big Tech" Oligo-Monopolistic Corporations, which Obviously Challenge the Indispensable "Fair" character, or Not, of a given Election : A Topical Question that "Eurofora" raised, subsequently, during the 2nd Session of Today's CoE's Video-Conference, on the occasion of the introductory Intervention, by Professor Bordan Tonea, on relevant "National Law and European Regulations" :
- Professor Tonea had just Warned, in particular, about Current Risks by various Threats to "Attack European Democracy", (while Also making manifold Topical References to Recent Developments in the USA, including, particularly, the recent Aquital from a 2nd Attempt to Impeach former US President Trump), emerging Both from Internal and External Forces of Manipulation, resulting in a Battle where Freedom of Expression, Education, and "Truth", would play a Key Role, (concerning also the Opposition's role to Check the Government in a Democratic Society), during the foreseable Future.
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- "You spoke very much and well also about the Freedom of Expression, and Other Related Issues, but, Recently, the German Chancellor, Mrs Angie Merkel, (currently President-in-office of the CoE, for the Period of November 2020 - May 2021), as it is well known, Found "Problematic" the Fact that, in some Countries, as in the USA, even if that Concerns us All, because of Obvious Reasons at the Internet, some Private Companies, sometimes were Accused to Go Too Far into Limiting the Freedom of Speech of some Key Players in the Political Game, (on the occasion of the Notorious Exclusion of former US President Trump from his "Twitter" Account, "Followed" by more than 83 Millions of People), either During or at the Aftermath of Elections, when, as you said, it's very Important", said to Prof. Tonea "Eurofora".
=> + "This was Recently Debated also at the Council of Europe, that you know well, in the Parliamentary Assembly", we reminded, (See Debate on Freedom of Speech versus Big Tech., at the End of Jan. 2021 : ..., etc). "Do you Find this to be a really Interesting Issue ? And How would you advise to Solve it ? Perhaps, by a kind of Principles, or Norms, to be set up by the International Organisations ?", we asked him.
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- "Thank you for the Question. I Think that, in order to have some Success into Solving that Issue, in my view, I believe that the Solution should be at the European Level : Not at the National Level", stressed from the outset, Professor Tonea, Replying to "Eurofora".
- "Because the Freedom of Expression is a Universal issue. It's Regulated in the Same Way, at the National Constitutions, and Also Other European Countries, at the PanEuropean Convention of Human Rights, etc. So, in my opinion, this is a Discussion which can be held at the European level, and have, as Results, some European Guidelines, or Normes, which would be Applicable to All Europe : Not Country by Country, in a Different way in Each of the Countries", he Concluded.
The very Popular Issue of Free Speech versus Big Tech at the Internet had, initialy, Started in the USA by former US President Don Trump's Help to various simple Citizens' Censorship by Oligo-Monopolistic Corporations, as Twitter, FaceBook, Google, Amazon, etc, in Meetings organized at the White House, after a 1st Fight between Free Citizens' Web and Establishment's Medias during the 2016 US Presidential Election, (See, f.ex.: ... + ..., etc). But Trump's attempt to Reform an Old Legislation which had Initialy tried to Help Boost former Innovative Start-ups to Create popular Web Platforms withOut being bothered with Responsibility Issues for their Content in the Past, by Bringing them back to Editorial Liability whenever they Dictated which Content they accept on Citizens' Accounts Hosted in their Networks, meanwhile Grown into Powerful and often abusive Giants, Delayed and Backfired recently, when an Opposed Block of "Socialists"/Dems and RINOS Refused to Vote in US Congress a Bill Drafted by Trump and Backed by Conservative Senator Kruz up to even Leftist Top Politicians as Sanders and Warren, Journalist Greenwald, etc., (See : ..., etc). On the Contrary, it was, now, Trump himself who became, more and more, Target of various Harassments by Big Tech Oligo-Monopolistic Networks, until "Twitter" a.o. Recently Shut Down completely his own Private Accounts, amidst a Wider Attempt to Muzzle and Terrorize Millions of Dissident Citizens, Lawyers, Activists, etc., and Even Alternative Web Competitors (as "Parler", etc), who Dared Contest the Controversial 2020 US Presidential Election, notoriously accused for alleged Fraud/Gross Irregularities, (and still, Never Yet seriously Discussed on the Merits by Any Neutral Court)...
=> Such an UnPrecedented, Massive Oppression against Free Speech at the Internet, Stricking even at the Highest Political level of an Elected and Popular US President while still in Office, orchesrated by Only a Few Private Companies of a Handful of UnElected and IrResponsible Individuals, Inevitably Started to Provoke a Growing Series of various Opposed Reactions, not only in the USA, But Even in Europe and Worldwide... Going, initialy, from German mainstream Chancellor Angie Merkel, to Russian President Vladimir Putin, Brazil President Jair Bolsonaro (who Already Transfered +6,6 Millions Followers to "Telegram"), Mexican President Lopez Obrador (who Urged to Mobilize even the "G7" -currently Chaired by Italy, with a Foreign Minister from Bepe Grillo's Web Activist's Blog-Party "5 Stars"-- against Blocking Free Speech at the Internet), etc.
So that, after Trump Spectacularly chose to Focus on "Free Debate" Democratic Values at his Last Official Speech a the White House as US President, (See : .., etc), it's, UnExpectedly the PanEuropean CoE's Parliamentary Assembly, in Strasbourg, which Suddenly decided to hold a "Current Affairs" Public Debate on Free Speech versus Big Tech, last January 2021, (See : ..., etc), Followed, Soon, Also by various Key Officials' Calls f.ex. from Slovenia, Hungary, Poland (UPDATED), now Romania, etc., to Take concrete Measures in order to Defend, at least, European Citizens and/or Friends from such Oppressive Abuses by those 4 "GAFA" Oligo-Monopolies, (some of whom Started to have, Already, Various Problems Worldwide, f.ex. "Twitter" losing Customers and Falling at StockMarkets, "Facebook" Closing its News in Australia because of a Disagreement with its Conservative Government, etc)... In this regard, Warsaw's threat to Tax 13,5 Millions $ such Abuses against EU Citizens by Web's "Big Tech" (UPDATED), naturaly goes towards a right direction...
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+ Last, But Not Least : Recent Elections and Mainstream Medias (of the Establishment)...
>>> An "Ideal" Opportunity for "Eurofora" to Raise a Question on the, unfortunately, Notorious Topical Issue of Establishment Medias frequent "Biais" against any real Alternative, at the "Left" or the "Right" Side of the Political Spectrum, even During crucial Elections' Time, was given, soon afterwards :
Indeed, the President of Mexico's "National Electoral Institute", Lorenzo Vianello, was speaking about the "Understandability of the Electoral Process", and this was Followed by a "Session of Questions/Answers", according to the Official Programme. But, as "Eurofora"'s Readers, already Know, (See : http://www.eurofora.net/newsflashes/news/usasupremecourtandvotefraud.html), Mexico is also Famous for a landmark, Pedagogical Satyric Film, Titled "the Perfect Dictatorship", (i.e. "Dictadura Perfecta" : sic !), inspired by the Reality of the Controversial Presidential Elections mainly of 2006 and partly 2012, largely Denounced for massive Fraud and Corruption, (particularly the 1st). It Pictures a Corrupted Politician (in fact a Puppet of some Hidden "Powers To Be"), making a Deal with an even More Corrupted, mainstream Media Group, in order to Systematicaly Manipulate the People, Starting by those Elections, and Continuing with a lot of Various, Artificialy "Staged" Events, in order to Serve some unnamed, Dark and Ruthless Interests. The Current Mexican President, Andres Lopez Obrador, had personaly Faced such kind of "Rigged" Elections in that Past, that he had Scandalously Lost, Despite a lot of Popular Protests, Lawsuits, etc, finaly Winning only much Later-on, at 2018, so that he Notoriously Remembers well what Medias' Biais and/or Censorship means, being, Nowadays, a Strong Supporter of Freedom of Speech and Pluralist Information, (to the point that he has, even, Notoriously Backed Recently the former US President Trump, (Despite Other, Unrelated, Political Differences), when he also Faced, mutatis-mutandis, a Scandalous Mainstream Medias' Biais and/or Censorship nowadays about the November 2020 US Presidential Elections, (and had even Vowed to Bring the Issue at the "G7" and/or Other Regional or International Instances : Comp. Supra)...
=> In Consequence, when Chairman Vianello completed his overview about the Need to make "the Whole of an Electoral Process Crystal-Clear for the Citizens", as he stressed, in orde, also, to Succesfuly Fight against "MisInformation", "Fake News", etc., "Eurofora" reminded that interesting Mexican Film about the Key Role of Mainstream Medias, and the Need to Avoid Risks of Political Manipulation, (i.e. "the Perfect Dictatorship" : Comp. Supra), and Asked him What he Advises to do in order to Prevent such Dangers of "Collusion" between some Politicians and Establishment's Big Medias, with "Absence of Pluralism", which Obviously make very Difficult for real Democracy to thrive in Elections' Time...
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- At First, Chairman Vianello Stressed the Priority, in his view, for a Clear Understanding with "Social Medias" at the Internet about Elections' issues, Urging, f.ex., inter alia, also to Clearly and Simply Explain the way that Conflicts between Opposed Political Parties are Treated, as well as various other such Challenges for Electoral Management Bodies.
+ Then, when he arrived to "Eurofora"s above-mentioned Reference to "Mainstream Medias" and Problems of Lack of "Pluralism", when Establishment's Medias Impose Only one Side's viewpoints, Censoring the Others, Vianello immediately Acknowledged that Problem, too...
- Indeed, that's a Real Problem, particularly in Countries "like Mexico", he Denounced, "where, unfortunately, the Traditional Medias are Monopolized Only by a Few Broadcasting Companies" : F.ex., in Recent Years, "a Great Step Forward in Mexico was to Pass from 2 Mainstream Broadcasting Companies to ...3 Big Broadcasting Companies", he Joked, with Black Humour... "So, we have a Problem, because we must also Regulate the Political Information between Radio and TV", and "this puts us (Mexico's "National Electoral Institute") in position of Permanent Conflict", with such Traditional or other Big Medias, he added.
=> Concerning his "Advise" on how to Deal with that, Chairman Vianello mainly Focused on the Need to "Act as an Authority", while "Avoiding to be Seen as Part of a Conflict". I.e. "you must Not Appear, in the Eyes of Citizens, as linked to One Partie, f.ex. With the Government, with some Political Parties, with this or that Broadcasting Media Company", etc., then, "it's Not Good, for your Task to Regulate Elections", he Warned... "You Must be Straight in Applying Regulations, But Avoid to be Seen as Part of a Conflict !", Because, at the End of the Day, If you do that, you can Provoke that some them, could Claim that the whole Electoral Process was Corrupted, because you did Not have, throughout the Election, an ImPartial EMB", he Warned...
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+ Indeed, "that's a Big Challenge for All EMBs (Election Monitoring Bodies), in All Countries" : I.e. "to Avoid be Considered as a Party of this, as a Political Party", "whether one is against the Political System, or if one Takes Position on this or that, Already Risks to be considered by some as Trustfull, But by Others, Less"... , Agreed also the Chairman of this 2nd Session of CoE's Video-Conference, President Kask, Backing the main substance of Vianello's above-mentioned Reply to "Eurofora"s Question.
However, even if Public Officials Keep a Welcome "Neutral" Look during Elections, nevertheless, this obviously does not, ipso facto, Settle the Problem of Mainstream Medias' Biais and/or Censorship... And, sometimes, that Problem is much Bigger than expected :
- F.ex, according to OSCE's Final Report on the Nov. 2020 German Presidential Election, (just Published on 2021)...All the Mainstream Medias were "very Critical" against Trump, while, on the Contrary, vis a vis Biden, they were All ..."Neutral" (sic !), i.e. complacent !
This Time (on Feb. 2021), in Comparison to the Previous, Nov. 2020 OSCE "Preliminary Report", it's Even the former Unique Exception of "Fox News", (Alone to be "Neutral" vis a vis Trump, Back in the Past...), Disappeared Now, After a Notorious "U-Turn" from the Millionaires who Funded it, which Notoriously send all Trump's Fans Running Away, and Denouncing "Fox" as a "renegate", "traitor", "turn-coat", etc... (So that, in real Practice, the Only Possibility for Pluralist Free Speech, remaining in the USA, was Limited Only to ...Citizens' "Social Medias" Publications - a Phenomenon Already Visible Since 2016 Elections, But considerably Aggravated on 2020 - which have, Notoriously, Become ...Even More Oppressive than ever, Nowadays, under the Joug of a Few "Big Tech" Companiess : Comp. Supra !)
=> In Consequence, converging Facts Obviously Reveal an UnPrecedented Worsening of the Situation against Medias' Pluralism and Free Speech in the USA, between the 2 Latest Presidential Elections of 2016 and 2020, with a Worrying Trend to be Aggravated Even Further (Comp. Supra)...
-------------------------------------------------------
+ However, almost at the Same Time, a Different, Encouraging Trend, is what Looks well to be, Despite all that, a kind of Resilient character of many American People themselves :
Already particularly Active Since 2016, (when they had Succeeded, for the 1s Time, to Bellie almost All Fake Polls then), as they Also did, Even More Nowadays, by Bellying 2020's aggravated Fake Polls, by Giving an Historic High, and UnContested ...75 Millions Votes to President Don Trump ! And, Nowadays, given that UnDeniable Recent Aggravation to the Detriment of Medias Pluralism and Free Speech (Comp. Supra), it's certainly Interesting to see what Might, perhaps, UnExpectedly Emerge in History from such Sharper than Ever, Anti-Democratic Contradictions, Given the Fighting Spirit and the Creativity of American People, Tohether with the Solidarity and Conscience of the Europeans and Other People in Nowadays World, given that Their Future is also at Stake...
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Meanwhile, at any case, Despite so many "Hard Facts" to Debate Today, (Comp. Supra), Nevertheless, the Overall Collective Spirit of this Meeting was quite Positive.
Among others, f.ex., since a Specific Key Point of this 2021 CoE Experts' Video-Conference was to Boost the "Accessibility" of Elections, Manifold Attention was put also on issues Including Practical Accessibilty, such as, f.ex., by Handicaped People, Mentaly ill, etc., as well as Isolated Old People trying to Connect at Electronic Voting Networks for the 1st Time, Peasants struggling through Snow to reach a Remote Polling Station on a Mountain, etc...
But, Suddenly, the Participants were visibly Shocked to see that Even an Experienced On-Line Editor based at CoE's Headquarters in Strasbourg, at the Heart of Europe, could Not simply make his Voice Heard at just another Video-Conference among many, for unknown reasons ! Gloomy... Unfortunately, that was ..."Eurofora", whose Microphone was Hindered to Connect, 2 or 3 Times, (Perhaps because of some Cyber-Attack, or any other cause)...
Such an Incident had Only occured at our 1st Press-Briefing by Video-Conference with Brussels' EU Council for a Heads of State/Government Summit, Last Year, resulting in a Sadly Lost Opportunity, after the EU Press Officer in charge Kindly Tried 3 Times to Reach us..., Obviously Hindered by a Cyber-Attack, as it was Found Later-on. But Never Before, Neither After that...
=> In Consequence, when, after 2 or 3 Attempts, "Eurofora", Upset, Threw a Useless Micro-phone Casque Away, and, at last, ...suddenly Succeeded to Connect his Voice to the Video-Conference, then, ALL CoE's Legal Experts participating, Spontaneously Smiled or Laughed ! (Obviously Happy to see that their PanEuropean/International Election Network was Working well) ... (as a relevant PHOTO of that unforgetable Event, attached herewith, clearly shows)...
+ Surprizingly, Many CoE's Electoral Experts kept their Smiles Going on, Even when "Eurofora", (initialy withOut any Political AfterThought), Glad, at last, to be Free to Speak, proclaimed : - "Ah! That's BETTER DIRECTLY !" (i.e. "withOut" that useless and blocking "Intermediary" MicroPhone Casque : Comp. Supra), in what have been Percieved by some as an Hypothetic Reference to ..."Direct" Democracy, (not Consciously, in this case)...
Interestingly, that Event was closely Followed also by an UnExpected, Last-Minute Re-Appearance of CoE's Experienced Head of Elections and Political Partes' Division, Pierre Garrone, from Switzerland, to Kindly -"Thank (you) for the Intellectual Input" "Eurofora" and others, with an Exceptionaly Bright Smile, (as shows a Screenshot of the Original Video, Later curiously Skiped by a Web-Publiched Version).
So that Nobody Knows yet, whether it might have been the Topical References to the Nov. 2020 US Presidential Election Row, and/or to Chancellor Merkel's Reaction against excessive "Big Tech" Censorship of Freedom of Expression at the Internet, and/or, perhaps, Mexico's Satyrical Flm, "the Perfect Dictature", against Mainstream Medias' Lack of Pluralism, (etc), which might have motivated most... (Comp. Supra, on those 3 Questions raised by "Eurofora" during this CoE's Video-Conference on Electoral Law recent developments)...
(../..)
("Draft-News")
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The official presentation of a "Program" respecting People's choices voted in the June 7, 2009 EU Elections, to be debated in EU Council and EU Parliament during its 1st Session on July in Strasbourg, is the No 1 Priority, according to Democratic principles, for the Franco-German axis, said the main winners at the ballot box, French President Nicolas Sarkozy and German Chancellor Angie Merkel.
They stressed that the New EU Commission's President must have a "Program" in favor of an EU which "protects" its Citizens, regulates financial markets and aims at a "Political" Europe" : a wording they have used as incompatible with Turkey's controversial EU bid.
They also declared ready for a "political" endorsment of "Mr. Barroso's candidacy" in June's EU Council, considering that an official decision would have to be made after EU Parliament's debates and votes, possibly from next month (July), with the legally necessary final acceptance shortly after Lisbon Treaty's entry into force, hoped for September or October.
- "A Program, and Mr. Barroso" : This resumes, in substance, the anouncements made by Sarkozy and Merkel, on the question of current EU Commission's President, Barroso's declared wish to succeed to himself for a second mandate, to be extended during the following 5 years.
In their 1st meeting after EU Elections, they observed that "the Franco-German axis counted in European Elections' campaign... But, we both keep a realistic view : We saw the number of those who abstained, and we must absolutely give them an answer. We also see the disilusionment of an important number of Europeans vis a vis Europe, and we are aware of the responsibilities we have".
- The "Duty" of the new EU Commission's President, after June 7, 2009 EU Elections' result, "is to act for a Europe which protects the Europeans, to commit himself into working for a better Regulation of Financial transactions, ... and to have a Political will for Europe", underlined Sarkozy.
Therefore, "we have asked M. Barroso... to clarify, to officialy present the intentions he has", he anounced.
- "We want to speak also about the Programme", explained Merkel.
- "It's important that for the next EU Parliament's mandate (2009-2014) we take the right Decisions for Europe. Obviously on Persons, but mainly Decisions on Issues", she stressed.
- "It's not simply a question of a Person, it's also a question of a Programme". We are "really asking Mr. Barroso to commit himself on a Program, and on Principles, on Values", Sarkozy added.
EU President-in-office, Czech Prime Minister Jan Fischer, accepted the Franco-German stance :
- "Barroso must present his Programme. The Czech Presidency agrees with that", Fischer reportedly said later, after meeting Sarkozy.
But Press reports from Brussels claimed that Barroso had preferred to be officially appointed by EU Council since June, (i.e. next week), "because this was implied by the current Treaty of Nice, according to him", and considered any delay until the possible ratification of the new, Lisbon Treaty on September/October, as "undemocratic".
- "At any case, independently of what Germany and France ask, it's also EU Parliament's wish". "We shall propose Mr Barroso's candidacy... But even in the framework of Nice Treaty, EU Parliament has to be associated in this Decision", the French President observed.
If this is correctly done, then "we support Mr. Barroso's candidature", and "if the (EU) Parliament agrees, we might ratify this decision since July", (i.e. next month), they both said.
- "France and Germany support Baroso's candidacy, But we want to speak also on the Program. We believe that this Program should be established in close cooperation with EU Parliament, and that's why we have followed an appropriate way", said Merkel. - If EU Parliament wants, this election can take place on July, but this must be done in full agreement.
- "We shall support Mr. Barroso's candidacy, without doubt", said Sarkozy. "But we have asked from Mr. Barroso, as I told him yesterday, to put into detail.. his intentions, at the eve of his 2nd mandate, if the situation avails itself.
France and Germany "don't want to take an Official Legal Decision by writting" during "the next (EU) Council" (on June 18-19), declared Sarkozy. Because they prefer, at this stage, only "a Political decision" on June, "so that we (EU Council) can work together with EU Parliament", which starts to meet only Next Month, since July in Srasbourg, "leaving a Legal decision by writting for later".
- "If the Conditions are fuillfiled in EU Parliament, we (EU Council) are ready to give the agreement and make it offficial", said Merkel
- "But, now we are working in the base of Nice Treaty. If tommorow we want to work in the spirit of Lisbon Treaty, we have to find a proper way", she added.
- "Of course it's Legally complicated, because we are going to make a Political proposal to the forthcoming Council, for an EU Commission's President, on the basis of Nice Treaty : So, we (EU Council) will not appoint the Commissioners. Only the President. If EU Parliament agrees, it could endorse this position on July", explained Sarkozy.
But, on Autumn, "if Ireland ratifies Lisbon Treaty, there will be, at any case, a 2nd Decision, to appoint the Commission's President, this time on the basis of Lisbon treaty, and then, we, the EU Member States, would have to appoint (also) the EU Commissioners", he added.
As for the precise Timing : - "Everything is suspended until the Irish vote... Now, we must all make everything possible to help Ireland to say "Yes"" to Lisbon Treaty... The Irish Referendum, ..will take place either on September or on October. It's a Question which depends on the Irish. And, then, we shall have the Choice of the Candidates for the permanent Institutions of Europe".
However, "if Ireland says No, we, French and Germans, have to assume our responsibilities, and we'll do so", he concluded.
But British and Swedish governments were reportedly eager to have a final EU Council decision on Barroso since this month, on June's European Council. While the other EU Member Countries are divided, several of them preferring to wait until EU Parliament pronounces itself, on July, and/or until Lisbon Treaty might be ratified by Ireland at the beginning of the Autumn. Barroso's current mandate ends on November.
There are also various, contradictory and/or unpredictable reactions inside EU Parliament vis a vis Barroso's wish to continue a 2nd mandate, because many MEPs are openly or secretly opposed, reluctant, or hesitating.
In the biggest EU Countries, as France and Germany, EU Citizens voted on June 2009 EU Elections for a renovated, non-technocratic but Political Europe which cares for its Citizens, with an Identity, Values and Borders, declared incompatible with Turkey's controversial EU bid, by mainstream, pro-European Governing Parties. Similar choices were also supported in several other small or medium EU Countries.
On the contrary, whenever, in other Countries, Governing and other mainstream Parties didn't make these choices or eluded them, EU Citizens massively voted for euro-Sceptics whenever they were the only ones to to promise anti-bureacratic change and oppose Turkey's demand to enter into the EU, (f.ex. in the UK, Netherlands, etc).
It's seems to be an Open Question whether Sarkozy and Merkel's conditions will be really accepted by Barroso, who was appointed on 2004 in a different political context, (with Socialist Prime Ministers in Germany, France, etc), had rejected in the Past the idea of EU becoming "equal to the USA" as "ridiculous", and pushed for Turkey's contoversial EU bid, trying to "soften" or contain the changes desired by the People who voted for Merkel and Sarkozy with another policy vis a vis Turkey on 2005 in Germany and on 2007 in France, as they did all over Europe on 2009.
In addition to many EPP Governments, it's 3 remaining Socialist Prime Ministers : Gordon Brown in the UK, Zapatero in Spain, and Socrates in Prortugal, who support Barroso, as well as Liberal Swedish Prime Minister Reinfeldt. But their Parties lost the June 2009 EU Elections.
Questioned whether there was still "Time" for "other" possible "Candidates", Sarkozy and Merkel did not deny, nor made any comment on that, but simply said that "it's not for us to make publicity for any candidates. We anounced our choice ("A Program, and Mr. Barroso"). But we respect any other candidate".
Among various other names cited are former Belgian Prime Minister Verhofstadt, former UNO's Human Rights Commissioner Mary Robinson of Ireland, Italian former EU Commission's vice-President Monti, etc. Meanwhile, Luxembourg's PM Juncker, (who had been unanimously accepted by EU Council for EU Commission's Presidency on 2004, but refused), announced his intention to resign from "EuroGroup"'s Chair. Thus, he might be available for another Top EU job.
As "EuroFora"'s "opinion" said (See publication dated 9/6/09) : - "If the current candidates (i.e. Barroso, etc) to the Top EU jobs promise and guarantee to respect People's democratic choices, then, it's OK".
"Otherwise, Europe must find new candidates, really motivated and able to implement these democratic choices of the People."
Because, "in Democracy, the forthcoming choices for EU's Top Jobs,...should be made according to EU Citizens' Votes in June 7, 2009 European Elections, and main EU Governments' strategic policies".