Brussels, 02/09/2010 (Agence Europe) - In a confidential report this week, the European Commission calls on France to provide further explanation of its expulsion policy with regard to the Roma. The Commission is seeking “detailed information from the French authorities on whether and to what extent the safeguards required by the Free Movement Directive have been applied in recent cases,” state Commissioners for Justice, Viviane Reding, Employment, László Andor, and Home Affairs, Cecilia Malmström in an interim report submitted to their Commission colleagues. One of the issues raised by the three commissioners is whether French law properly implements the 2004 directive on the free movement of EU citizens. “When deciding about expulsions, French legislation does not explicitly refer to the obligation of examining all the individual circumstances (e.g. length of stay, age, health, family situation, link to the level of integration in the host member state)” of the person concerned, the report regrets.
Since the start of the year, France has expelled 1,310 Romanians and Bulgarians and destroyed some 100 illegal camps. Since 28 July, operations to pull down illegal camps have led to 73 Prefectorial expulsion orders (for threat to public order or infringement of labour law) and 659 requirements to leave the country (for not having medical insurance or sufficient means to meet one's needs). In line with Directive 2004/38/EC, Community nationals have one month to leave France. The three commissioners take the view, however, that France should ensure on a case-by-case basis that decisions to expel are delivered in writing, are fully justified and open to appeal. France must also demonstrate that the people expelled represent a threat to public order or an unreasonable burden on the social system. Since January of this year, 7,018 Romanian and Bulgarian nationals, including 828 who have left voluntarily since 28 July, have received financial aid to return to their home country (€300 per adult and €100 per under-age child) and for resettlement. The commissioners feel, however, that, in itself, payment of a lump sum is “not sufficient for taking these returns out of the scope of the EU's free movement principles”. A further aspect of the matter for the Commission relates to possible discrimination towards the Roma by French authorities, given that the European directives do not allow any country to differentiate one particular group in the population on the basis of its ethnic origin. “It is clear that all individuals who break the law need to face the consequences. … It is equally clear that nobody should face expulsion just for being Roma,” the report states.
The findings of the internal report will be discussed on Wednesday evening and Thursday by the college of commissioners at their informal seminar. For the moment, the Commission does not have sufficient information to make a final judgment. Technical meetings have already been planned for this Friday, before the issue returns to the forefront of the political scene. The Commission has also set up a working group to consider what has so far been done to help the Roma and how to ensure best use is made of financial resources. This group will report back by this autumn. The Commission will also ask the Belgian Presidency to place the Roma issue on the agenda of a special Council meeting, so that member states, which are, in the first instance, responsible for their citizens, may be more fully involved. The European Parliament will get its teeth into this question on Tuesday 7 September with a debate on the situation of the Roma in Europe. (B.C./transl.rt)