Brussels, 09/12/2009 (Agence Europe) - On Friday 11 December, European heads of state and government will adopt what has come to be known as the Stockholm Programme, which sets out a roadmap for justice, liberty and security over the five years from 2010 to 2014. The 80-page text is ready, although, to bring all member states on board, changes have been made to the Commission's initial text (see EUROPE 9918). Compared with the Tampere (1999-2004) and The Hague (2004-2009) Programmes, which put the emphasis on developing security, the Stockholm Programme stresses rather the citizen and protection of fundamental rights. The draft conclusions of the European summit resume the Stockholm Programme in six major points:
Promoting citizenship and fundamental rights. European citizenship must become a tangible reality, member states say. This will come about thanks to the binding status of the European Charter of Fundamental Rights, despite the opt-outs by the UK, Poland and the Czech Republic. The aim is also to maintain citizens' freedoms and privacy, including through the protection of personal data. The Commission is called on, for example, to bring forward a recommendation for the negotiation of a data protection agreement with the United States. The Commission will also investigate European certification for technologies, goods and services that respect privacy. In addition, the Commission is asked urgently to submit a proposal for EU accession to the European Convention on Human Rights. It is also asked to propose a single day for the European Parliamentary elections.
A Europe of law and justice. The European Council will call for the European justice area to be “deepened” to overcome the current fragmentation. Legal cooperation in criminal and civil matters has found progress difficult in recent years because of the rule requiring unanimity in the Council, and also because of a lack of mutual trust. With the Lisbon Treaty, qualified majority is now the rule, apart from family law, where unanimity will still be required. Mechanisms will have, then, to be put in place as a priority to facilitate citizens' access to justice. Cooperation has also to be strengthened between justice professionals, and their training improved. The Stockholm Programme recommends training one third of police officers and half of magistrates. However, under pressure from the United Kingdom and Germany, training will only be for those already working in European cooperation, and not all staff. In terms of civil law, the European Council wants the means to be found to remove obstacles to the recognition of legal acts (exequatur) among member states. In criminal law, and despite German opposition, the Swedish Presidency has left it to the Commission to propose legislation on the European Evidence Warrant which limits as far as possible reasons for refusal. It will also be for the Commission to prepare initiatives to tackle cross-border road infringements, including ensuring payment of fines.
A Europe which protects. European leaders recommend that an internal security strategy be developed to protect the lives and security of European Citizens and tackle organised crime, terrorism and other threats. France was successful in getting a proposal made on a European air passenger information transfer system (PNR). Also certain is the setting up of a structure to manage the major information systems (SIS, VIS, Eurodac). Development of police cooperation and of Europol also features among the priorities, as does the creation of mechanisms for information exchange among EU agencies (Europol, Eurojust, Frontex). Similarly, ad hoc police cooperation should come into play for events that will be attended by vast numbers (for example, the 2012 Olympic Games and the 2012 Euro championships in football). The Council will also consider putting in place an anti-human trafficking coordinator. The Commission will have to consider whether a European system for monitoring the funding of terrorism should be set up.
Access to the EU. The conclusions say that access to Europe should be facilitated for business people, tourists, students, researchers, workers and persons requiring international protection. To that end, the EU will continue to develop its visa and border management policies. A proposal will be brought forward at the start of 2010 to extend the mandate and role of Frontex. The Agency should then be able to set up decentralised offices, for example to the east and the south of the EU. There will be discussion of the possible creation of a European border guard system. The Commission is called on to propose an entry/exit system and a programme for the rapid registration of visitors. A study will be carried out on the possibility of launching a European travel authorisation system.
Responsibility, solidarity and partnership on immigration and asylum. The aim of having a joint asylum system in place by 2012 is repeated and those in need of protection should be sure that they can legally, safely and efficiently access asylum procedures. There has to be effective, but voluntary solidarity with those member states which are under particular pressure. Because of the UK's refusal, the text makes no mention of the creation of a mechanism for the mutual recognition of decisions granting international protection. At the same time, it says in the conclusions, illegal immigration has to be prevented and avoided. At the request of the Netherlands, the EU pledges to take steps to prevent further tragedies at sea, and commits itself, therefore, to putting in place more accurate statistics on loss of life in the Mediterranean and on migrants trying to enter the EU. Member states are also invited to increase practical cooperation on the expulsion of illegal immigrants, through chartering regular joint flights financed by Frontex.
EU's international role. The external dimension of the freedom, security and justice area is key to achieving the objectives of the programme, and should be taken into account in all other aspects of EU foreign policy. The European Council calls on the Commission to submit an action plan on the implementation of the Stockholm Programme, to be adopted by June 2010, and thereafter to submit a mid-term report by June 2012. The Stockholm Programme is available at the following address: http: //http://www.se2009.eu/polypoly_fs/1.26419 !menu/standard/file/Klar_Stockholmprogram.pdf (B.C./transl.rt)