Brussels, 22/04/2008 (Agence Europe) - With Silvio Berlusconi back as head of government, Italy could seriously dampen any enhancement of legal cooperation. This, at least, is what one might imagine given the attitude held by the Italian delegation which, during the meeting of justice ministers on 18 April in Luxembourg, raised a substantive issue regarding the adoption of a proposal aimed at settling the question of recognition of rulings “in absentia” in the Union - that is, decisions made further to a hearing or trial at which the offender did not appear in person. The Council would normally have had to obtain political agreement on the framework decision (EUROPE 9589). Nonetheless, pending the appointment of the Italian government, no more than a “general tendency” was noted. The aim is now to reach an agreement at the Justice and Home Affairs Council (JHA) in June. The Italian ambassador has, however, acknowledged that his country did have a fundamental problem with the proposal. Although a majority of member states are in favour of the text, others are also beginning to express doubts. Speaking to a small group of journalists, Rachida Dati, French Justice Minister, said “although it did not have any before, Germany now has reservations linked to its parliament”.
During the Council, ministers took time over a long list of points on the agenda: SIS II: The Mixed Committee (EU, Norway, Iceland and Switzerland) confirmed that all the tests of the second generation Schengen Information System should be concluded by 3 October. The Commission will have to present, at the JHA Council on 5 and 6 June, a detailed timetable for implementation of SIS II. Above all, the Council reaffirmed the principle whereby the informal political follow-up group composed of ministers, “Friends of SIS II”, was to impose its views compared to technicians on the dossier. Returns Directive: The Slovenian EU Presidency informed ministers of the state of progress of talks with the Parliament without dwelling either on substance or on the elements of compromise to be presented on 23 April on the occasion of the trilogue (EUROPE 9643). The Presidency stated it was optimistic about reaching a compromise with Parliament. For now, the Council text is the result of a tricky balance and consequently the Council's margin of manoeuvre on certain aspects of the proposal is narrow, some ministers stressed. International protection: Ministers agreed on the principle aimed at extending long-term residency status to beneficiaries of international protection (EUROPE 9440). Only Greece, Cyprus, the Czech Republic and Austria were not keen to include persons benefitting from subsidiary protection. Asylum: The Council endorsed the creation of an asylum support office that would be responsible for providing structural and financial support for implementation of the European asylum regime. The Commission is to make a proposal by the end of the year in the aim of setting up the support office in 2009. The German home minister suggested that the Council should, during its next session, tackle the question of hosting religious minorities persecuted in Iraq, but did not, however, explicitly mention the subject of Christian minority (EUROPE 9646). Civil law: Ministers approved the regulation on applicable law to contractual obligations (Rome I - EUROPE 9560), as well as a report on the setting in place of a common reference framework for European contract law. Visas/Balkans: The vice-president of the European Commission, Jacques Barrot, and the Slovenian home minister addressed a letter to the ministers calling on them to make a greater effort to make visas granted to citizens of the Western Balkans, who wish to enter the EU, either free of charge or less costly. Although nearly 80% of the citizens of Serbia, Montenegro, FYROM, Albania and Bosnia-Herzegovina could be exempt from paying for their visa, according to European rules in force, many continue to pay the set price of €35. Eurojust: The Council adopted general guidelines on certain aspects of a proposal presented by 14 member states and intended to strengthen Eurojust (its composition, its tasks, the status of its members, provisions concerning its personnel). Miscellaneous: The Council adopted a decision authorising the Commission to open talks for the conclusion of agreements with Switzerland and Liechtenstein, a single format proposal for residence permits of third country nationals, a decision authorising the Commission to negotiate a short stay visa waiver agreement with Brazil, conclusions on the sixth Eurojust report, on the 2009 Europol working programme, on the report to assess the threat represented by Russian organised crime, and on the introduction of markings for main vehicle parts. All conclusions adopted during the Council are available on: http: //http://www.consilium.europa.eu/ueDocs/cms_Data/docs/pressData/en/jha/99991.pdf (B.C.)