On
Western Sahara
As UN Guterres
Refuses Inner
City Press
Fish Qs Here
Is European
Decision
By Matthew
Russell Lee, Periscope, song,
II
UNITED NATIONS
GATE, February 15 – On
Western
Sahara, when
the UN
Security
Council's rare
meeting
began back on
March 21, Secretary
General Antonio
Guterres'
personal envoy
Horst Kohler walked
in with
security.
Asked if he
would speak
with the press
afterward, he
had one word:
"No." He is
based in
Germany and has
been allowed
to spend
public funds
on his own
holdover team, just
as Guterres
spends public
funds to go to
his home in
Portugal. Now
as Guterres'
retaliatory
ban
on Inner City
Press even
entering the
UN, now in its
226th
day and based
on a frivolous
Morocco
Mission
complaint,
Morocco which
Guterres has
praises so much
on migration
has been bragging
about a
European court
decision on
which Guterres
has
refused to
answer Inner
City Press' written
question. Now,
finally, the
decision is
online and
here are
paragraphs
26-30, Google
translated:
"However, a
decision such
as the
contested
decision
adopted on the
basis of
Article 218
(3) and (4)
TFEU is not
addressed to
the applicant
but to the
negotiator
appointed
there, namely
the
Commission. It
follows that
the use of the
examination
may be
declared
admissible
only if the
applicant is
directly and
individually
concerned by
it.
27
As regards
direct
assignment,
that condition
requires the
meeting of two
cumulative
criteria,
namely that
the contested
measure, in
the first
place, has
direct effects
on the
individual's
legal position
and, secondly,
leaves no the
discretion of
the addressees
who are
responsible
for its
implementation,
which is
purely
automatic and
derives from
Union rules
alone, without
the
application of
other
intermediate
rules
(judgment of
13 October
2011, Deutsche
Post and
Germany v
Commission,
C-463/10 P and
C-475/10 P,
EU: C: 2011:
656, paragraph
66).
28
However, in
accordance
with Article
218 (3) and
(4) TFEU, a
decision such
as the
contested
decision is
intended only
to designate
the negotiator
and / or the
head of the
Union's
negotiating
team and to
send
directives to
them. It is
therefore an
act having
legal effects
only in
relations
between the
Union and its
Member States
and between
the
institutions
of the Union
(judgment of
16 July 2015,
Commission v
Council, C-425
/ 13, EU: C:
2015: 483,
paragraph 28,
see also, to
that effect,
judgment of 4
September
2014,
Commission v
Council,
C-114/12, EU:
C: 2014: 2151,
paragraph
40).
29
Consequently,
as the Council
argues, that
measure has no
effect on the
applicant's
legal position
and therefore
can not be
regarded as
being directly
concerned by
the contested
decision
within the
meaning of the
case-law
referred to in
point 27
above.
30
The
applicant's
arguments that
the impugned
decision
produces such
results
because the
proposed
agreement is
intended to
apply in the
territory of
Western Sahara
and,
consequently,
to affect the
Saharawi
people, can
not be
accepted. .
Indeed, if, of
course, the
Saharawi
people are to
be regarded as
enjoying the
right to
self-determination
and as being a
"third party"
within the
meaning of the
principle of
the relative
effect of the
treaties
(decision of
21 December
2016, Council
/ Polisario
Front ,
C-104/16 P,
EU: C: 2016:
973,
paragraphs 90
to 92 and
106), the fact
remains that
any possible
allocation of
the
applicant's
legal position
must be
assessed in
the light of
the content of
the agreement
on which the
negotiations
initiated
under the
contested
decision On
the other
hand, the
effects which
a decision
such as the
impugned
decision might
have on the
applicant,
which merely
authorizes the
Union to open
negotiations,
consists in
the fact that
the latter
will not count
among the
political
actors who
will negotiate
and sign the
agreement. It
follows that,
as the Council
submits, the
effects in
question are
of a highly
political
nature and
that, as a
result, the
contested
decision can
not be
regarded as
directly
affecting the
applicant's
legal position
within the
meaning of
Article 263,
fourth
paragraph,
TFEU." So it's
not as pro
Morocco trolls
including
diplomats are
saying. We'll
have more on
this. Back on
January 14
Morocco prevented
the Spanish
jurist Luis
Mangrané from
entering.
He had arrived through
the Canary
Islands. "Customs
prevented the
man from
entering the
city, stating
that he was a
persona non
grata in
Morocco. Luis
Mangrané was
expected to
visit, as an
international
human rights
observer, the
trial of
Brahim Dehani,
which was held
on January
16. Brahim
Dehani was
arrested on
December4 while
he was
reporting on a
demonstration,
taking photos
of the violent
actions
against the
protesters.
His camera was
confiscated.
Earlier
in the month
Morocco expelled
two Spanish
citizens. While
no written
order was
given - this
lack of due
process is
shared by
Guterres -
they were
reportedly
told they
should be
staying in a hotel,
not elsewhere.
Is this an
acceptable
policy in
Guterres' selective
system of
migration? It
can be asked,
though probably
not by the
correspondents
Guterres and
his Alison Smale
allow into
their UN, top
heavy with
state media
including
from Morocco.
Before
the
December 19 UN
noon briefing
Inner
City Press in
writing asked
Guterres, his
Spokesman Stephane
Dujarric and
Global
Communicator
Alison Smale
who promised
answers, questions
including
this:
"December
19-3: On
Western
Sahara,
confirm SG
receipt of and
state his
response to
letter of
Polisario
urging him to
clear “mines
that threaten
the lives of
Saharwis” and
that on
Friday,
December the
14th, two
mines caused
the “death of
a Sahrawi man
and serious
injuries to
others”?
Dujarric
didn't read
out the
question the
way for
example even
the IMF does
with Inner
City Press'
questions; he
entertained
questions
from
pro-Morocco
scribes to
which he and
Guterres
and Smale give
UN office space
even if they
write no
articles. Today's UN
is corrupt.
***
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