Strasbourg, 12/12/2001 (Agence Europe) - On Wednesday, the European Parliament held a joint debate on the Area of Freedom, Security and Justice, combining (in a move that some MEPs criticised) the answer to an oral question put by the French Green Alima Boumediene-Thiery; the report by the British Liberal Graham Watson, President of the Liberties Committee, on security at European Council and other such events (following the violence at Gothenburg and Genoa); the report by the French Socialist Adeline Hazan (presented for her by Bernard Poignant) on external relations in the field of justice and home affairs; and a declaration by the Belgian Presidency on EU/United States co-operation in the anti-terrorist battle and extradition.
Commissioner Antonio Vitorino noted that the results of the last Council of Justice and Home Affairs Ministers had been encouraging but showed the limits and ambiguities of a decision-making process by unanimous voting; whence the importance of reflecting at the next IGC on reforming the decision-making mechanisms. As for the issue of violence at Summits or similar events, Mr Vitorino fully approved of the "reasonable and balanced" recommendations made by Mr Watson, aiming to allow citizens to express their views but leaving no space for people refusing to take part in democratic dialogue, adding that in the EU's dialogue with the United States in the fight against terrorism, the EU held by the Union's fundamental principles and made an effort to assert them along with the EU's values. He commented that the measures take to fight terrorism were not exceptional or "improvised" measures, but had been fundamentally thought through. He welcomed the outcome of the Belgian Presidency's visit to Rome to break the deadlock on the European arrest warrant and noted that the mid-term review of the Tampere results showed there was a genuine will to defy the problems and make progress, but that reviewing the Tampere objectives would result in a crisis of confidence and that for the Commission, it was vital for the Parliament to be involved and to a greater degree than at present. Commissioner Vitorino explained that discussions on an area of freedom and security were at the heart of European political integration and therefore a difficult subject, but he found it "uplifting" to be able to continue to work with the EP in this connection.
The President of the Justice Council, Marc Verwilghen, gave assurances that the planned measures in the decision on the European arrest warrant respected the rights incorporated in both the Treaty and the European Charter of Fundamental Rights, and also the role that the Court of Justice has to play. On the issue of co-operation with the United States, the Belgian Justice Minister said that there would be no extraditions from the EU to a third country without "absolute certainty" that the person in question would not face the death penalty. Several delegations in the EU Council of Ministers had expressed concerns about the US idea of setting up military tribunals to try people suspected of terrorist offences, he admitted. In terms of the Tampere objectives, Mr Verwilghen acknowledged that if the timetable set at the Tampere European Council were to be respected, greater effort would have to be made on asylum and migration. He signalled that these issues (currently in deadlock) would be raised in Laeken. The President of the Council finally stressed the "value added" supplied by the European Parliament in this domain.
Controversy over the Italian position on the European arrest warrant
The agreement signed with Silvio Berlusconi yesterday on the arrest warrant may only be a temporary victory, asserted the German Social Democrat Martin Schulz, noting that it was still possible that a referendum would be required in order for the decision to actually come into force in Italy. The people who disagree with Mr Berlusconi are being accused of taking part in a "Stalinist conspiracy", he exclaimed. The Forza Italia MEP Antonio Tajani said that Italy would also be signing the decision, adding that this would only be the start of a long road towards establishing an area of freedom, security and justice and that a "new European Constitution" would have to guarantee the respect of fundamental rights and a "fair trial", and also a separate judge for leading the investigation and judging it. He said that Italy's position showed that the criticisms laid against it were the fruit of "propaganda" from the Left (which didn't understand the Italian situation), and a "handful of Taliban judges".
Spanish Socialist Anna Terron I Cusi responded in Italian that he was making a dangerous assimilation between criticisms of his government and a value judgement on Italy. The Northern League MEP Mario Borghezio asserted that the European arrest warrant was probably necessary for terrorism and large-scale crime, but not for other crimes.
Mr Watson's concern about difference in legal culture either side of Atlantic
The British Liberal MEP Graham Watson noted that after the 11 September attacks, some people (including the President of the EPP-ED group, Hans-Gert Pöttering) has announced "We are all American" but argued that the tragic events had taught them that "we must first be Europeans" and that Europe was capable of "putting its house in order" by striking a balance between security and rights and freedoms. He felt that the "difference in legal culture" between the United States and Europe was a problem, expressing particular concern about the US Patriot Act that "appears to discriminate against non-US citizens", and hoped that EU representatives would be raising these issues with the Attorney General John Ashcroft when he visits Europe later this week (see EUROPE of 10/11 December, p.13 on Mr Watson's remarks on the US Justice Minister's plans). Commissioner Vitorino acknowledged that the US Patriot Act did not seem very balanced.
Thierry Cornillet (UDF) said that the situation in Europe vis-à-vis the protection of citizens was not too bad but he added that Europe was not an oasis and it was necessary to ensure that the candidate countries, and neighbouring and partner countries all had the same idea of freedom. He said that external action was necessary here which should go beyond the type of "messianic" activities of exporting Europe's understanding of the rule of law.
On the issue of the security of Summits and similar events, Roberta Angelilli (Alleanza Nazionale) said she was speaking for the "silent majority" and that it was necessary to have the courage to condemn violent behaviour and not condemn the police forces en masse because of the reprehensible behaviour of a few of them.
Parliament makes recommendations on guaranteeing both security and freedom
of speech and calls for external JHA strategy
After the debate, Parliament went on to approve:
- The Watson report making security recommendations for European Councils and other such events. After rejecting a number of amendments tabled by both left and right, the plenary approved the resolution by 255 to 239 with 23 abstentions. The plenary asked the Commission to set up a work group of the most relevant Commissioners (trade, development, foreign affairs, environment, social affairs and agriculture) to prepare a White Paper on the issue; and to establish a permanent forum on globalisation with representatives from the European Parliament and national parliaments. The EP, recognising the "universal right of dissidence", stressed that the use of violence was "reprehensible" and made specific recommendations to ensure better protection of fundamental rights at such events. For example, it called for avoiding closing borders and refusing entry to people who want to take part in peaceful legitimate demonstrations; a common definition of dangerous behaviour and danger individuals to be drawn up; avoidance of any kind of black list while fighting effectively against violent groups (like the black block) at European level; avoiding a disproportionate use of force and instructing police forces to control violence (avoiding the use of firearms); and avoiding discrimination between EU citizens and nationals in the event people are arrested or put on trial.
- The Hazan report on the EU's priorities and objectives in its external relations in affairs of justice and home affairs. Parliament stresses the need for a genuine external strategy for JHA which should include in its priorities: co-ordination with candidate countries on legal and police training; stepping up dialogue with third countries on the causes of migration, accepting returnees and border controls; collaboration with third countries in fighting discrimination, racism and xenophobia; preventing and fighting against organised crime, particularly human trafficking; joint initiatives for children's rights; and extending the powers of Eurojust to anti-terrorist co-operation with third countries.