Brussels, 20/10/2010 (Agence Europe) - On Tuesday, the European Commission indicated that it needed another month to establish whether there had been discrimination in France when the controversial expulsion of Roma took place. France managed to avoid infringement procedures against it with regard to the non-transposition of the 2004 directive on free movement but, according to the European Commission, this procedure has only been “frozen”. It is up to the justice department in each country to give its opinion on a possible ethnic basis in this connection.
Proving the case of discrimination. France will remain under surveillance due to suspicions of discriminatory practices during the expulsion of the Roma this summer, explained the commissioner for justice, Viviane Reding, during a Tuesday to Wednesday night-time debate at the European Parliament in Strasbourg. She pointed out why she had not launched an infringement procedure in this specific case and affirmed that, “if you want to take action, you must have tangible proof. We cannot act on the basis of impressions alone”. She also explained that her services had received a significant number of documents from the French authorities. The Commissioner indicated that, “experts acting on my behalf believe this analysis will be finished in four weeks' time”. Commissioner Reding pointed out that, by then, additional clarification would undoubtedly be requested from France.
Launch of “frozen” procedures. The procedure France escaped on Tuesday, with regard to free movement, constituted an, “historic event”, explained Viviane Reding (EUROPE 10239). She also said that until then, “there had never been infringement procedures brought for human rights-related reasons”. She added that, “on the basis of the Lisbon Treaty and the Charter of Fundamental Rights which is included in it, the Commission had said, enough is enough”. The commissioner asserted: “I believe that this was the moment the Europe of citizens was born and we will have to wait and see how the historians consider it”. At the end of September, the European Commission announced that it intended to launch an infringement procedure against France for insufficient application of the 2004 directive on the free movement of EU citizens. The launch of an infringement procedure against France had only been “frozen” and had not been withdrawn, Reding underlined, pointing out that, “the matter is still pending until the French government implements this legislation”.
Ethnic basis is jurisdiction of member states. The commissioner affirmed that, “the Commission is following developments in this affair very closely”. She also explained that she had received assurances from the French authorities. Contrary to the previous affair, France does have a data protection law whose application is controlled by the national data protection (CNIL in France). The latter carried out an inspection on the claimed ethnic data and concluded that no “specifically identifiable” file existed on the Roma with the French police, even though an unauthorised database without any ethnic reference did indeed exist. Viviane Reding indicated that data on immigration was a sensitive issue and could only in exceptional cases be used for the purpose of protecting national interests. 2008 legislation, however, on police data protection is being applied. The commissioner explained that, “in this regard, there is a problem, because this directive will not be applied until 27 November next… The Commission therefore has its hands tied”. Whatever happens, the processing of this kind of sensitive data should be subject to exceptional authorisation, with notification to the national data protection authority and the European Commission. In the French case, no authorisation had been requested, pointed out Reding. With regard to possible legal ramifications, it will be the French legal authority that will deal with this matter, explained the commissioner. MEPs also underlined the possible existence of ethnic databases in the Netherlands but, according to the commissioner, projects aimed at setting up such databases had not been put into practice.
Parliament keeps up the pressure. Apart from the EPP, all the other parliamentary groups are continuing to put pressure on the Commission, especially with regard to the supposed cases of discrimination. Véronique Mathieu (EPP, France) was delighted with the “reasonable decision” not to launch infringement procedures, which effectively puts an end to the sterile polemic of recent weeks. The S&D group said that, “the question of discrimination has not been finished with”, particularly with regard to expulsions targeting the Roma community and the discovery of an ethnic database. Sylvie Guillaume from France said, “we will therefore be urging the Commission to conclude its investigation into discrimination and draw the necessary conclusions”. The Socialists are also calling on the Commission to be as severe with other member states as it is with France regarding free movement. Hélène Flautre (Greens/EFA, France) is calling on the Parliament to remain attentive to compliance by French law on the question of free movement. On the other hand, she is urging Viviane Reding to pursue her investigation into discriminatory practices by France with regard to the Roma because, in her view, too many facts appear to suggest, “infringement procedure is justified”. Sophie In't Veld (ALDE, the Netherlands) explained that if databases were found to be illegal, then her country would not have any qualms about opening infringement procedure. Marie-Christine Vergiat (GUE/NGL, France) criticised the attitude of the Commission which, in its search for proof, had only addressed the French government. “I am beginning to wonder whether you are trying to make a mockery of us”, she said. (B.C./transl.fl)