Brussels, 17/04/2007 (Agence Europe) - Nearly two years after the failure of the last negotiations, EU justice ministers could finally reach agreement on a text that would make racism and xenophobia criminal offences throughout the EU. Other criminal, and also civil, law issues will be debated on Thursday. Interior ministers will meet formally on Friday to discuss immigration, Europol, and the Visa Information System (VIS).
Criminal justice: The aim of the draft framework decision on racism and xenophobia is to achieve a minimum level of harmonisation in the provisions on spreading racist and xenophobic remarks (see EUROPE 9368) this would include, for example, publicly inciting to violence or hatred or denying or questioning the extent of racially- or xenophobically-motivated genocides. Such offences would be punishable by a maximum of 1 to 3 years imprisonment. There remain, however, exceptions in the text, since member states will be able to decide whether or not to bring criminal charges against persons making racist or xenophobic comments, if these comments are not direct incitements to violence or threaten public order. Even though the main stumbling blocks have been removed, there remains one major problem for the text. Estonia and Lithuania want to include references to crimes under the Stalin regime within the scope of the proposal, but this is not to the liking of the other member states, or the presidency. This latter remains optimistic, nonetheless and hopes to be able to settle the matter by adding a preamble to the text, and by proposing that this issue be dealt with in a Council statement.
During an informal dinner on Wednesday, justice ministers will also examine the draft framework decision aimed at guaranteeing the rights of suspects in the EU (EUROPE 9373). The United Kingdom, Ireland, Cyprus, Malta, Slovakia and the Czech Republic still consider that the issue of harmonisation of procedural guarantees is a real problem of principle. In a “plan B” attempt, the presidency proposed making the text applicable only in cross-border cases and when offences are covered by the European Arrest Warrant. Spain, Italy and Luxembourg, however, are opposed to this too restrictive approach.
Civil law: justice ministers will be debating the draft “Rome” regulation on competency and the law applied in divorce cases (EUROPE 9344). Only one member state among the EU27 (Sweden) is rejecting any other law than its own applying to its nationals in divorce cases. Ministers are expected to set out certain guidelines on the draft regulation on competency, what law is applicable, recognition and execution of decisions and cooperation regarding food requirements. It will be up to the presidency to see how member states can move forward in this way, through the conclusion of bilateral agreements alone. The so-called draft regulation, “Rome I”, will also be examined. The latter aims to harmonise rules that enable signatories of an international contract to know in advance what different laws apply and how they are affected by them.
Immigration: the Commissioner in charge of immigration, Franco Frattini, will present ministers with communications on immigration, which he is counting on presenting in May (EUROPE 9377). The Council should adopt a proposal for a regulation on the creation of rapid intervention teams allowing the member states to benefit from EU support when they have to face up to massive and sudden influxes of illegal immigrants on their coasts (EUROPE 9405). Ministers will speak of the latest developments regarding the famous “tool box” of the European border agency, Frontex. According to the German EU Presidency, Frontex currently has 21 aircraft, 24 helicopters and 109 vessels. Further to the request by the Swedish delegation during the last JHA Council, Commissioner Frattini is expected to announce the release of financial support totalling €7 million to assist EU countries that are the hardest hit by the flow of Iraqi refugees (9,000 to Sweden alone).
Other themes: On Thursday evening, ministers will hold an informal dinner during which they will discuss the proposal for a framework decision on data protection under the third pillar, where no noteworthy progress has been made. The state of progress on the future of Europol and on the Schengen Information System (SIS1 4All and SIS2) will also be reviewed, like the future European VIS system for information on visas. (bc)