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Home arrow newsitems arrow German Chancelor Merkel at Constitutional Court: Human Dignity in 21st Century = more EU+BioEthics ?

German Chancelor Merkel at Constitutional Court: Human Dignity in 21st Century = more EU+BioEthics ?

Written by ACM
Friday, 14 May 2010
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New, crucial issues on Europe, Human Righs, BioEthics, and their political conditions, marked the visit of German Chancellor Angie Merkel at the Constitutional Court in nearby Karlsruhe, together with President Horst Köhler, on the occasion of a "change of guard" between its former chair, professor Papier, and its new one, professor Fosskuhle, shortly after the Bundesverfassungsgericht (BVG) issued a judgement on EU funds lend to the Greek Government in order to protect EuroZone, and just a month before it deals with another thorny issue on Genetic Technology on June.

 The Key word, that resumes well the main substance of this event's exceptional character, not only for Germany, but also for Europe and perhaps for the World, was at the conclusion of Chancelor Merkel's speech, when she stressed that the common duty to protect "Human Dignity", (explicitly enschrined at the 1st Article of the German Constitution in a healthy reaction to the Nazi regime, based on the same inspiration as the European Convention of Human Rights), "must guide us also in the 21th Century".
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What is really at stake is much more than an implicit reference to the obviously interesting fact that a previous, controversial candidate for BVG's chair, initially proposed by the Socialist Party, Dr. Dreier, was reportedly refused by both the ChristianDemocrat CDU/CSU Majority and the "Greens", etc., after being strongly criticized for having taken in Public a dangerous stance which could apparently lead towards diminishing the protection of Human Embryo vis a vis Genetic a.o. Manipulations, while also allegedly opening a risky window even to "Torture" in certain cases, as it was hotly debated since 2008 in the German Press.

Such core Human Rights issues, which have a particularly large echo in modern Germany, whose People were the first to suffer from, and witness a Nazi regime's atrocities, are also topical today for all Europe and even the World, as it clearly results, f.ex. from the debates starting for the forthcoming 2010-2011 Review of  the French Law on BioEthics, or US President Obama's controversial 2009 decision to unfreeze funding for Genetic research manipulating Human Embryos, contrary to his predecessors' (both democrat party's Bill Clinton back in 1993, and republican party's George W. Bush on August 2001) earlier decisions to protect the Human Embryo from potentially dangerous and/or unethical Genetic interventions, as well as from the current, 2010 CoE's discussions on a probably Historic new Reform of the European Court of Human Rights after the February 2010 PanEuropean Conference at Interlaken, during the Swiss CoE presidency, (See "EuroFora"'s NewsReports from Interlaken).

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So, after an overall introduction by BVG's longt-tme Member and new vice-President professor Kirchof, it wasn't a surprise that, during the Karlsruhe ceremony, German President Horst Koehler, hailed, inter alia, the Constitutional Court's contribution for the protection of "Freedom of Expression", etc., particularly in view of the special importance that takes in the present context its role to defend the main characteristics of "a Democratic Society" "in a Globalized World".

Experienced out-going BVG's former President, prof. Papier, pushed the move even further by stressing the 2 new parallel trends of "Globalization and Europanization", particularly "on Human Rights", where, after the "Interlaken" 2010 CoE's Ministerial Conference (See supra), "National Supreme Courts" are more and more entrusted with the task to "integrate" ECHR's case-law in their national area, after CoE decided to make a greater use of this principle of "Subsidiarity", by making a strong appeal to all CoE Member States' competent National Authorities to act for the respect of ECHR's principles, creating a New Challenge.

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Already, as ECHR's German EuroJudge Renate Jaeger earlier told "EuroFora", the "secret" for the exceptionaly "low" percentage of German cases at ECHR, compared to other Countries, is largely due to the fact that the nearby Karlsruhe Constitutional Court provides a rather satisfying remedy for many applicants.

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Seizing that ball on the air, new BVG's President, prof. FossKuhle anounced his wish to, indeed, "further intensify relations with the ECHR and EU's Court of Justice", located in nearby Strasbourg and Luxembourg respectively, and, for that purpose, to start also "translating (BVG's) Judgements in French, English and Spanish".

President Fosskuhle also stressed that BVG should judge "only on Legal arguments", without "any Political" motivation, and promissed that the body will work "Collectively", according to the spirit of its Headquarter Building's well known "Architecture (symbolizing) Efficiency and Transparency". (A particularly interesting promisse for the European Press, since even German Government's Press Officers at Berlin were surprised from the unusual fact that, as BVG's Spokeswoman, Anja Kesting, confirmed to "EuroFora", while kindly providing practical information on how to follow the event, there was "exceptioally no Press accreditation procedure" for this unquestionably European interest event at nearby Karlsruhe, just a few minutes' distance from Strasbourg's European Court of Human Rights)...   

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 - "There is No Alternative to European Integration", sharply and topically stressed also German Chancellor Angie Merkel, adding references to EU's Lisbon Treaty, which has just entered into force since December 2009. together with EU's New "Charter on Fundamental Freedoms" for EU Citizens.

Moreover,  "based on the Principles enshrined in the Constitution", an harmonious "interaction and cooperation between all the Constitutional bodies : Government, President, Constituitional Court and Senate, ... provides the Stability which is at the Foundations of a Peaceful and Democratic living-together for our Society", she observed.

- "It's Wonderful that at this important Day, it's clear for all of us, that cooperation and Stability in our Country is shaped by our joint obligation to respect our Constitution, and particularly its 1st Article on Human Dignity : - This should guide us also in the 21st Century", Merkel stressed in conclusion.

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"Human Dignity" is not only considered to be at the base of all Human Rights, but is also the main key-word frequently used to designate the protection of Human beings fboth from Torture and Inhuman or Degrading Treatments, and from dangerous Genetic a.o. Manipulations.

This obviously put the finger, indirectly but clearly, at what was mainly at stake from the choice that the Socialist party was finaly obliged to make for Prof. Fosskuhle from Bavaria, after ChristianDemocrats, Greens and other political and social forces refused to back the initial SPD's candidate, Dr. Dreier, reportedly because of his controversial statements on BioEthics and Torture (See supra).

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A first, important "Test" for the new BVG's Chairman, prof. Fosskuhle, to show his sensitivity on BioEthic issues, will be shortly given on June 2010, when Germany's Federal Constitutional Court has already scheduled to deal, on Wednesday the 23th of June, with a "Law on Genetic Technology"...  

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However, in case, eventually, that the new BVG's Chairman might prove to be, in fact, not really differend from Dr. Dreier's controversial views, then, it will become obviously interesting, if not necessary, for all those who opposed such dangerous claims on  BioEthics, Torture, etc. to consider opening new ways of political coalitions, particularly focusing on crucial BioEthics issues, as, f.ex.  that between ChristianDemocrats and "Greens", who have already met often together in various struggles against Genetic and other Manipulations of Human beings, both at National and at EU level, (fex. inside EU Parliament) until recent years, and have already started to build even some national or local coalition governments, as, f.ex. in certain Regions in Austria, etc.

Naturally, this shouldn't be confonded with some obviously Opportunist infiltrations of the German "Greens" movement, f.ex. by Turkish lobbyists coming and going in and out of the Socialist or even other Parties ("Left", CDU, etc) according to their own selfish interests. (As that businessman reportedly linked with a deadly Air crash in Turkey and a Kidnapping Scandal in Brussels, who had been initially elected by "Green" voters but betrayed them by passing over to the "Socialist" party. Or another former assistant of former Socialist Minister of Defence, Rudolf Sharping, who left for the "Greens" after Sharping had to quit, among various Scandals, and got a Top job, but almost failed to be re-elected at the latest, 9/2009 Elections !)

On the contrary, an eventually necessary to boost Christian-Democrat - true "Greens" cooperation, at least on certain Crucial key-points of exceptional importance, (f.ex. BioEthics and other Human Rights, development of Environment and Climate-friendly Technologies, Financial adjustment on "Carbon"- Dumping from Foreign Countries which don't respect Environmental Legislation at EU's External Borders, etc), could also include other political and social players, (f.ex. many Liberals, and even certain exceptional Socialists, such as f.ex. the current EU Parliament's Environment Committee's Chairman MEP Joe Leinen, apparently sensitive on BioEthic issues, etc), and might become interesting in the foreseeable Future, punctually or even structurally, according to developments, not only in Germany, but also, perhaps, in France and other Countries, in EU Parliament, etc.

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    The incoming Swedish EU Presidency (July-December 2009) may still remain in favour of Turkey's controversial EU bid, despite June 2009 EU Elections' results, but it has "very strong demands on Turkey"'s obligation to respect EU Rules, said the Head of Swedish Foreign Ministry's Press Service, Cecilia Julin, to "EuroFora", reacting to critical Press reports.

    - "I know (that) the link is often made also to Sweden's position on Turkey"'s controversial EU bid. Indeed, "we (Swedish EU Presidency) are very much engaged in the future membership of Turkey, but not without fullfiling all the Criteria".

    - "It's very clear that we (Swedish EU Presidecny) have very Strong Demands on Turkey, in a sort of concept for Future membership of the Union, ...which will be a Long Process...", she stressed.

    This means, in particular, "the Copenhagen Criteria (on Human Rights, Democracy and Rule of Law), and also the adaptation to the Acquis of the European Union".

     - "If you listen to what Mr. Bildt (the Swedish Foreign Minister) says on Turkey at different occasions, it's very clear : We want Turkey to become part of the Union, in the Future. But we want it to fullfil all the Criteria : The Acquis of the European Union. That's very clear", she concluded.

    The Senior Official of the Swedish Foreign Ministry was reacting to critical Press Reports, from Brussels' Journalists invited by EU Commission's secretariat to Stockholm, who claimed that Bildt was abusing of a ..."Whip" (sic !) against Cyprus, by "threatening" the presence of UNO's Peace-keeping force at the "Green line" which separates the island's Government-controlled areas from the territories occupied by Ankara's army, if Nicosia didn't accept any political solution, regardless of Turkey's demands, before the end of 2009.

        Governing AKEL Party's new Secretary General, Andros Kyprianou, reacted by declaring that no-one can threat the People of Cyprus : -"We shall decide for our Future, and nobody else",  he reportedly said, asking to "keep calm". "In order to find a Solution soon, certain basic Principles must be respected", he stressed, calling those who feel an urgency to use their influence on Turkey. Other Political Parties were more critical.

    This was a reference to recently reported statements by Turkish Minister Bagis, Prime Minister Tayip Erdogan and Turkey's National Security Council (a Military-Political body), accused to push towards a partitionist "2 States" solution, contrary to UNO SC Resolutions for Cyprus' reunification.

    December 2009 is a crucial moment for EU's appraisal of Turkey's controversial EU bid, because EU Council has decided to review then Ankara's compliance with the European position on the recognition of Cyprus' Government, which was clearly set out by an EU reply of 21 September 2005 to Turkish Prime Minister Tayip Erdogan's claims, refusing to recognize even the existence of EU Member Cyprus, in controversial statements he made to London (former EU chair) on July 29, 2005.

    EU Parliament's latest Resolution on Turkey, adopted on March 2009 in Strasbourg, warned Ankara that "the non-fulfillment of Turkey's commitments... by December 2009, may further seriously affect the process of Negotiations" with the EU.

    In practice, the issue boils down to Ankara's "embargo" against Ships and Airplanes using Cyprus' seaports or airports at the strategic EU island, which traditionaly hosts one of the World's biggest Shipping flags. EU has already "freezed" 6 relevant Chapters in EU - Turkey Negotiations since December 2006, after Ankara refused to fullfil a commitment it had undertaken when EU had decided to open controversial "accession" negotiations with Turkey, back on December 2005.

    - "As far as EU - Turkey relations are concerned, it's clear that Turkey needs to fullfil its obligation of full, non-discriminatory implementation of the additional Protocol (to "EC-Turkey Association Agreement"),  This is an important issue....and should be addresseed as soon as possible as it clearly affects the pace of the accession negotiations.Issues covered by the Declaration of September 2005 will continue to be followed up, and progress is urgently awaited", warned earlier in Strasbourg the out-going Czech EU Presidency (former vice-Prime Minister Alexander Vodra).

    But the Head of the Swedish Foreign Ministry's Press Service, Cecilia Julin, dismissed "interpretations" by "some" that Foreign Minister Carl Bildt was reportedly "threatening" Cyprus with consequences on the UNFICYP, if it doesn't accept any solution until December 2009, while Turkey is reportedly delaying in an attempt to impose a partitionist "2 States" solution.

    On the contrary, Julin, stressed that "Sweden has strong demands on Turkey'"s respect of "Copenhagen Criteria and EU Acquis".

    Meanwhile, Sweden  is "concerned" about the risk of "Stalemate" in Cyprus' Talks, but is well aware that "the main responsibilities lie with the two leaders and the UNO", Europe playing only a role of "facilitator".

    After carefully verifying, the Head of Swedish Foreign Ministry's Press Service, stressed to "EuroFora" that Bildt's reference to UNFICYP "was not linked to a Threat", and dismissed those who "interpreted" it so.

    On the contrary, the Swedish EU Presidency acknowledged the fact that Peace Talks are mainly for the UN and the leaders of the Cypriot communities, EU's role being limited into that of a "facilitator".

    As for Turkey's reported attempts to impose a "2 States' solution", the Head of the Swedish Foreign Ministry's Press Service sharply replied by stressing that Turkey must respect the "EU Acquis" rules.

    In particular :

    - "Basically he (Bildt) underlined that it's the leaders of the two communities in Cyprus and the UN that have the main responsibilities for solving the problem", started to say the Swedish Senior Official to "EuroFora", referring to the above-mentioned "briefing".

    - "But the EU had a role in sort of pointing out the benefits and facilitating a little bit the outcome for the settlement of the whole Cyprus' issue", she added.

    - "And he did state the Fact, that the rest of the World (i.e. USA, etc) will, of course, look at the differend issues which are at the table, and the future of the UN Peace keeping force is part of what is at the table", she admitted.

    - "I understand that some have interpreted that as a Threat, by the Swedish Minister" "But", in reality, "it's a statement of a Fact, that, when we'll look at the differend issues, one of the issues on which we shall have to take a stand on, is the future of the UN Peace keeping force in Cyprus".

    Indeed, one of the questions usually raised for a Solution of Cyprus' issue is what International and/or European or other Guarantees, by a Peace-keeping force, might be needed afterwards, eventually for a transitory period.

    Questioned anew by "EuroFora" whether (according to critical Press Reports) this could be taken as a veiled warning that, if Cyprus didn't accept any Turkish demand for any solution whatever, it might be left alone to face Ankara's Military Invasion/Occupation, she denied :

    - "He (Bildt) didn't say it in that way"... "It was not linked to a threat, or anything like that", the Head of the Swedish Foreign Ministry's Press Service stressed.

    On the contrary, "he (Bildt) underlined that the main responsibility lies with the parties concerned on the island". "The EU can try to facilitate and show the benefits of reaching a settlement. But also, when the EU and the rest of the World (i.e. USA) will have to look at it, they will look at all the Facts on the table, and the presence of the UN Peace-keeping force is one".

    And "he (Bildt) didn't speak about that at all", she replied to "EuroFora" question on Turkey's reported attemps to impose, in one way of another, a partitionist "2 States solution".

    Asked whether Bildt's aim was to incite both parties to move forward efficiently, she agreed :

    - In fact, "the EU is really very concerned with the Stalemate in the situation. Yes !", the Head of Sweden's Foreign Ministry's Press Service anounced. That's why Bildt "was hoping for the two parties (i.e. for Turkey's also) to engage and break, a little-bit, the present stalemate, come to a solution of the issue" of Cyprus.

    But, replying  to a "EuroFora"s question on the risk, denounced by several politicians in case of strict Time Deadlines, for Turkey to provoke a stalemate and wait for the time to come to impose a partitionist "2 States' solution", she reacted by pointing at Turkey's obligation to respect "EU Acquis" :

    - "Turkey must fullfil the EU Acquis : That's clear !", the Swedish Senior Official stressed.

    More details are expected when Swedish Prime Minister Reinfeldt will debate his Programme with new MEPs at EU Parliament's plenary mid-July in Strasbourg, that he has visited already in 2008.

    Foreign Minister Carl Bildt became familiar with Strasbourg's CoE last year, when Sweden chaired the PanEuropean organization of Human Rights. As EU chairman-in-office, he will also chair the 27-member States strong EU Group inside the 47-member States strong CoE.

    Minister for EU affairs, Cecilia Malmstrom is well known at EU Parliament, where she has been an active MEP of the Liberal Group for many years, following also Press Freedom issues.

    Both have already made various statements at "EuroFora", on differend topical matters.

    ***

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