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Europe Daily Bulletin No. 8468
Contents Publication in full By article 15 / 40
GENERAL NEWS / (eu) eu/justice/home affairs

Mitigated Commission twice yearly report - progress there is but also much time lost

Brussels, 22/05/2003 (Agence Europe) - Progress has been made but too often on the level of the smallest common denominator, and there is still time to be made up - that is what the European Commission noted in its half-yearly update of the scoreboard for a European area of freedom, security and justice. In its paper, adopted on Thursday, the Commission insists on the fact that we are now only one year from the date set by the Amsterdam Treaty for the creation of an area of freedom, security and justice, and that this goal is becoming all important as the date set coincides with accession by ten new Member States. The Commission seizes the opportunity provided by the publication of the report to recommend once more the broadest possible abolition of unanimity, to be replaced by qualified majority, in the future treaty.

The Commission launches an appeal to Member States, which are fond of national initiatives. It calls for "any new initiative to be avoided if it does not strictly follow the programme agreed or if it takes up time and resources vitally needed in priority sectors". The Commission also defends giving up the right of own initiative for Member States in the future constitutional treaty. It insists on this point by publishing at the beginning of the document the long list of 31 draft directives, regulations and framework decisions that itself or the Member States have proposed and which have still not been adopted - not to mention the proposals of recommendation or decision given at the end of the document. The scoreboard itself takes stock - in almost 100 pages - of all the measures foreseen, already adopted or under way.

The next Justice and Home Affairs Council will be held on 5 and 6 June to prepare the European Council of Thessaloniki, which will take stock of asylum, immigration and border protection policies.

Immigration and asylum: "It seems likely" that, after the JHA Council on 5 and 6 June, "most of the deadlines set in Seville on immigration and asylum will be respected", the Commission notes. "However", it tones down this positive assessment for the content of some of the texts adopted. The Commission mainly cites legal immigration, for which it denounces the "continued resistance of Member States" and the risk of seeing "the degree of harmonisation (…) reduced to the level of the smallest common denominator, to the detriment of the added value that it gives common action at European level". The most positive Commission assessment is for the adoption, in January, of the Dublin II regulation which determines which State is responsible for processing asylum requests. "Jointly with the implementation of the Eurodac system, this is a considerable move forward". The Commission recalls that the directive on economic immigration, as well as entry for study purposes, are still on the table, and announces for the end of the year a draft directive on allowing admission to research workers. With a little delay, it is to present a communication in June on the theme of immigration, integration and employment.

At the European Council in Thessaloniki, the Commission is to present reports on the three action plans adopted in 2002 on combating illegal immigration, the control of borders and returns, but also on reform of the system for international protection of refugees.

Civil and criminal justice: The Commission considers that the "principle of mutual recognition anchored in the conclusions of Tampere is now becoming a reality". As far as criminal matters are concerned, the Commission takes stock of the work in progress (it mainly notes that there is no progress in sight on the proposal against drug trafficking). The Commission is "on the point of adopting" a communication on common policy against corruption. It announces for June a proposal for a framework decision on mutual recognition of injunctions on the production of objects, documents and data. For the second half of the year, there is a proposal on the procedural guarantees and a proposal of decision on exchange of information relating to terrorism financing. For civil justice, several proposals are on the table (the Green Paper on modernisation of Rome I, in particular). The Commission is to present an amended proposal "very soon" on unchallenged credits, and by the end of the year a White Paper on the law applying in divorce cases.

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