Brussels, 30/09/2010 (Agence Europe) - Despite the possible opening of an infringement procedure against France for failure to apply European law on the free movement of persons, Paris must not think that it has been cleared of possible discrimination against Roma. “The case has not been filed away,” European Justice Commissioner Vivane Reding told MEPs on Wednesday 29 September at an extraordinary joint meeting of the European Parliament (EP) committee on civil liberties, justice and home affairs and the committee on employment and social affairs. The meeting, in which Commissioners Reding, Cecilia Malmström and László Andor took part, was held shortly after the Commission announced that it threatened France with possible measures for failure to transpose the 2004 EU directive on freedom of movement (see EUROPE 10225). At this point, the European Commission has yet to formally open the infringement procedure. It has threatened to send France a letter of formal notice “unless draft transposition measures and a detailed transposition schedule are provided by 15 October 2010”.
“Let's speak about France, where there has been a circular explicitly targeting the Roma. What are you doing about European anti-discrimination law?” Claude Moraes (S&D, UK) asked the commissioner. His concern was shared by Hélène Flautre (Greens/EFA, France) and Rui Tavares (GUE/NGL, Portugal). Marie-Christine Vergiat (GUE/NGL, France) said she believed the deportations were continuing on the basis of administrative documents, which themselves could constitute a violation of European law. In the face of such concerns, Reding said that the Commission was continuing to consider the issue and had written to the French authorities requesting further information. “I have made clear my deep disappointment about the circular of 5 August. It was amended on 13 September. What has happened since, and what is happening now?” she wondered, adding “we must examine the copies of the deportation order so as understand clearly what has happened. We need figures, all the figures, before we can continue our analysis”.
At the meeting, a large number of MEPs backed the European Commission, on the possible opening of the infringement procedure against France. They also sought to shed light on the situation in other member states. In early September, the European Parliament was the first institution to adopt a resolution calling on the Commission to look into possible infringements of EU law following the events of this summer. Livia Járóka (EPP, Hungary), EP rapporteur on the inclusion of the Roma, welcomed the Commission's decision: “I hope this will put an end to the debate and send a clear message to all member states to take action (…) it is not just a French problem but a problem of the right to housing for a whole community”, she said. In response to a question put by Véronique Mathieu (EPP, France) on the Commission's failure to react to cases of inadequate transposition of EU freedom of movement legislation noted in several member states in the past, Reding replied: “We now have the Charter of Fundamental Rights, which gives it another dimension and we must apply zero tolerance to any failure to transpose the directive”. “The Commission mentioned other cases” than France, pointed out Timothy Kirkhope (ECR, UK), going on to ask: “Could we have a list?” The commissioner said that her department was looking into “all cases of non-transposition of the directive” in other member states but that would require “case-by-case treatment and a solid legal basis before hauling (them) before the courts”. “I find the Commission's announcement ridiculous,” said Sonia Alfano (ALDE, Italy). The Commission, she argued, was displaying “disastrous weakness” and should speed up the infringement procedure against France. Moreover, “the Italian government has been doing for years what is being criticised here,” she added. With regard to how European funds for the Roma are being used, Commissioner Andor pointed out that the Commission had set up a taskforce on the Roma, which inter alia will report on the way Community funds designed to be used for the social integration of the Roma have been used until now. This report will be brought forward before the end of the year, he confirmed. “Mrs Reding said that European funds could have been used more effectively. Perhaps they weren't and perhaps we need stricter controls,” said Salvatore Iacolino (EPP, Italy). “Many member states can do more” in this area, “starting with Bulgaria and Romania,” he added. “Where are the funds that the people of Europe have paid for these people?” asked Mario Borghezio (EFD, Italy). The need to scrutinise the use of EU funding was a concern shared by Csaba Öry (EPP, Hungary), who felt that “the social integration of the Roma must focus on school, education and employment”. (B.C./transl.rt)