Brussels, 25/01/2005 (Agence Europe) - On Tuesday, the European Commission's consultation on turning the Vienna Observatory on Racism and Xenophobia into a European Fundamental Rights Agency closed with a public hearing. This plan, which received the Council's blessing over a year ago, is a long-term one, as Commissioner Frattini said on Tuesday that the aim was for the Agency to take up its duties on 1 January 2007. Luc Frieden, as current president of the Justice and Home Affairs Council, and Jean-Louis Bourlanges, president of the European Parliament's committee on civil liberties, spent more time stressing what the Agency should not be than what it should, which has already earned them the criticism of the director of the European office of Amnesty International, Dick Oosting.
Luc Frieden feels that “it is not a priority for the Agency to check that the Member States are observing the fundamental rights”, as “we already have mechanisms in place for this”. Amnesty International, amongst others, said on the other hand that this is an absolute must. The Agency should not concern itself with individual complaints, but its objective should be to remove the “complaisancy” of the Member States of the EU “towards infringements of human rights within their own countries”, said Amnesty. The current president of the JHA Council feels that the Agency should instead “aim to recommend initiatives to be taken by the Institutions of the Union in terms of fundamental rights, to fulfil the objectives of the Treaty”.
Jean-Louis Bourlanges (ALDE, France) said that the Agency should not be just a gatherer of information or a “counter-legislator”, or a sub-legal service, or “a body to give lessons to third countries”, but “an instrument to help decision-making” and to exchange best practice, on the basis of gathered information and analysis. Taking the example of Malta's immigration of refugee policy, aspects of which have been criticised by the High Commissioner of Refugees, Mr Bourlanges said that the Agency would have a part to play in similar situations, to provide information on what was going on and make proposals, in this case to make immigration management more mutual.
Commission, Council and Parliament agreed that the Agency should be independent and have sufficient means to allow it direct access to information sources. All stressed that it should neither compete with nor duplicate the work of mechanisms already in existence, such as Council of Europe bodies. The application of this principle in practice remains to be verified. Luc Frieden undertook to bring the proposed creation of the Agency to the examination of the Council, once the European Commission has presented its proposal.