Brussels, 27/05/2005 (Agence Europe) - Three interesting but difficult subjects are expected to be discussed by Justice and Home Affairs Ministers during their meeting on 2 and 3 June in Luxembourg: penalties for racism, data holding, and cooperation with Libya against illegal immigration.
Racism and xenophobia/ The 25 Justice Ministers will seek to move forward on the draft framework decision that the Luxembourg EU Council presidency tabled after discussions were suspended for almost two years. It will not be easy. In addition to Italy's reticence to the very principle of the text, the dossier involves very different traditions when it comes to defining the border between infringement and freedom of expression.
In its current version, the text would allow each country to keep its own policy to sanction, or otherwise, racist or revisionist words or writings unlikely to incite violence, but nonetheless imposing crossborder cooperation. This article is highly controversial. The Presidency suggests that, even though a given country may not itself penalise the expression of racist or revisionist views, it should not be able to refuse to cooperate - under double jeopardy - unless the infringement was committed on its territory or if it were committed elsewhere but outside the territory of the country calling for a sanction to be imposed through cooperation. Italy, Ireland, Denmark, Lithuania, the Netherlands, Sweden and Denmark do not want the inclusion of this clause, on which France and Spain are keen. The Commission also considers that, if dual jeopardy is not limited, it would be a step backward compared to the existing texts. Proposed in November 2001 by the Commission, the decision framework should foresee that these acts are liable to at least one to three years' imprisonment.
Telecommunication data retention: The Council will seek to settle several issues, the Member States being divided over the balance that must be struck between the effectiveness of the measure and its cost for telecommunication operators without forgetting protection of private life, raised mainly by the European Parliament. It is not a question of recording telephone or electronic communications but of keeping a list to know who has communicated with whom. Germany and Austria suggest that only the list of telephone communications should be kept but the Presidency and a number of other countries consider that the conservation of all data is essential, even though it may be costly.
Libya: The Council foresees the adoption of conclusions on the launching of cooperation with Libya against illegal immigration, but an agreement on the content of these conclusions is still far off, diplomats stress. Discussions mainly cover the conditions on human rights and respect of the Geneva convention on refugees, to be posed by the Council when cooperation is triggered. Sweden stresses that for conditionality to be strong, countries affected by immigration that transits through Libya - Italy and Malta - should be more flexible. Discussions also cover cost-sharing for such cooperation and cooperation with countries from where immigrants originate, transiting through Libya. An annex specifies the initiatives that could be taken in the short and medium term such as the training of border guards and operational arrangements against illegal immigration. These conclusions are based on the report developed by the Commission after a visit on the spot end 2004. Amnesty International has sent a letter to the Presidency informing it of its concern and recalling its condemnation of the “large-scale expulsions” operated by Italy and Malta toward Libya.
The Hague Programme: Coreper worked at length on Thursday on the action plan for implementing The Hague programme, which sets out the goals for freedom, security and justice policy for 2005-2010. Most points are resolved, and the Council is expected to endorse a document that is quite different from that proposed by the Commission, without retaining its breakdown into ten priorities. There is a timetable for the presentation of initiatives by the Commission, but not for their adoption by the Council and Parliament.
Terrorism: The Council will prepare updating of the action plan against terrorism by the European Council in June, and of the December conclusions on recruitment and radicalisation. The table on effective implementation of the measures adopted since September 2001 shows even greater delays in implementation.
Miscellaneous: The Council is to seek to resolve several questions raised by the decision-framework relating to taking of evidence, mainly the territoriality clause. The Council will tackle the method of assessing implementation of the European arrest warrant. Italy, which was the last country to adopt the instrument, stresses the need for a minimalist approach. The Council may, moreover, decide to give the European Police College the status of EU body. Commissioner Frattini will, on Thursday, present the joint committee with a proposal on the creation of a new Schengen Information System (SIS II), to be adopted the day before by the Commission.