Brussels, 13/12/2006 (Agence Europe) - The Heads of State and Government of the EU will devote a large proportion of their debates to the subject of immigration, a key issue on the agenda of the European Council due to open this Thursday evening in Brussels (see other article on page 4). They will also focus on difficulties met in improving the decision-making process in the field of police and legal cooperation in criminal matters.
On immigration, the Twenty-Five intend to put together their best intentions on four major themes: relations with third countries of origin and of transit, legal immigration, illegal immigration and the management of the external borders of the EU, involving a reinforcement of the powers of the European Borders Agency (Frontex). According to the draft conclusions of the Summit prepared by the Presidency, the Heads of State and Government will undertake to "reinforce and deepen" international cooperation and dialogue with third countries of origin and of transit, by including immigration and development issues in aid programmes and policies for the African countries. The Twenty-Five will also agree on the reinforcement of cooperation between the Member States in the fight against illegal immigration, taking account of the proposals to be made by the Commission in 2007 on this subject. In the field of legal immigration, the European Council will encourage the initiatives presented by the Commission in late November (EUROPE 9318). The conclusions will, however, stress the fact that these proposals must "fully respect national competencies". It is worth noting that the Member States are expected to be most divided on this issue. Lastly, the leaders will agree on reinforcing the capacities of Frontex "in the very near future". It will also be asked to set up a "permanent network of coastal patrols" on the southern maritime network, as soon as possible.
What means can be used to reinforce police and legal cooperation in criminal matters? Until the deadlock in the institutional reform process is broken, the Heads of State and Government must first of all lay emphasis on the "intensification" of operational cooperation between the competent authorities of the Member States, so that concrete progress can be made. On improving decision-making procedures in this field, particularly via the so-called "passerelle clause" (article 42 of the Treaty), the European Council will take no decision, given that the JHA Council has not asked it to tackle this issue, but particularly because the fate of the "passerelle" is tied in with that of the Constitutional Treaty. This issue will be taken into account once the reform process is relaunched, probably towards the end of the German Presidency. In the meantime, the Twenty-Five are thinking of calling on the competent EU Council to "lead from the front", on the basis of results already obtained. It is has to be said that at this moment in time, these results are thin on the ground (EUROPE 9271 and 9320). The European Council will return for the time being to the principles established in the Constitutional Treaty (qualified majority voting at the Council, co-decision of the Parliament, and increased powers for the Court of Justice), as it feels that these constitute "the most balanced basis" for future work on the field of liberty, security and justice. (bc)