Six useful lessons. I am aware of it: talking about the positive elements in the European debate about the Roma and illegal immigration is almost a provocation. This debate has been sharply conflictual, created a number of uncomplimentary remarks and accusations, and raised a huge polemic which is far from over. Many of the commentaries have often contained more a tone of indignation than one of understanding, and a legal dispute is in the offing. Nonetheless, I consider it possible to make a number of positive observations and learn a number of lessons from the affair.
It should be highlighted that: a) all member states have affirmed a determination to respect Community provisions and principles contained in the texts on human rights; b) all heads of state and government have recognised that it is up to the European Commission to monitor respect for Community rules and take action if it considers that these rules are not being respected; this is the task of Guardian of the Treaty; c) the member state whose attitude was challenged, acknowledged its error and withdrew the erroneous text; d) Herman Van Rompuy confirmed that the European Council would discuss the question of integrating the Roma people into European society at the next session; e) despite the differences between the political groups in their assessment of the events, the European Parliament outlined Community solutions for integrating all minorities; f) the media, for once, provided a significant focus to the Community debates and the action taken by the European institutions.
These different aspects constitute a revolution when compared to the past. Formerly, in practice, each government did what it wished in the reception of different groups from abroad. They now all say they are determined to respect Community rules and procedures and agree to be subject to monitoring by the institutions and correct any possible drift away from these rules. On Wednesday, the Commission will examine the existence of possible infringements to the Treaty but it is unlikely that it will yet give its opinion on opening any procedures in this connection (EUROPE 10220). Different sources have indicated that Ms Reding intends to call for a rapid decision, by disclosing conclusions of her services asserting that the French “circular” of 5 August was indeed discriminatory and that the procedures of the Community directive of 2004 on the free movement of EU citizens had not been respected. In the meantime, France has withdrawn the contested circular and provided assurances that any repatriation procedures would be subject to a case-by-case examination.
Rights and responsibilities are synonymous. The result of the previous observations is that the rights of the Roma people and other minorities have been confirmed, as well as a commitment to respect these rights. It is now therefore possible to point out that the golden rule of any democratic system is that rights must be accompanied by responsibilities. It would have been neither appropriate nor fair to highlight this rule just at the time that the rights of the Roma people, as Community nationals, appeared to be contested or little-known; now their rights have been reaffirmed and therefore consolidated the aspect of responsibilities cannot be left unresolved either. The issue of illegal immigration should not be confused with the case of Community citizens, which implies both rights and responsibilities. Rights are important even on the procedural level. The EU directive on the free movement of citizens stipulates that any expulsion must be accompanied by written procedures, a one month warning, the possibility of launching an appeal and a case-by-case examination. European citizens cannot be expelled in an arbitrary way. The right to choose where one lives is also subject to rules: if it is for longer than three months, employment is required, as well as an address and, in general, the laws of the host country must be respected, such as for example, the obligation of attending school. How can sustainable assimilation be developed in host countries if the children do not go to school or learn the language of the country in question?
This is a complex problem and cannot be resolved by way of simplistic formulas because in addition to assimilation there is also the individual right to one's identity and traditions. During the now famous dinner of 16 September, during which the heads of state and government of the EU exchanged their points of view, with the participation of the president of the Commission (who is a member of the European Council), the Romanian prime minister made a distinction between sedentary and nomadic Roma. He made this distinction in an effort to extricate his country from any responsibility with regard to the second category, which was rejected by the other participants.
The Roma have been in Europe for 800 years and there has only been partial integration: a specific problem exists. The EU must do more to resolve this problem and the instruments and a reasonable level of funding exist. The other part of the equation, however, must also assume its responsibilities. This column will be returning to this case, which will not be settled without mutual efforts being made.
(F.R./transl.fl)