Brussels, 20/06/2008 (Agence Europe) - Since strengthening the EU as an area of freedom, security and justice is a “key priority” for citizens, EU heads of state and government called, on Friday 20 June, for more progress to be made in a range of areas, such as immigration and asylum, combating terrorism and organised crime, and criminal and civil justice.
The “irreplaceable” new treaty. In their conclusions, European leaders were unequivocal, as if the Lisbon Treaty, which was due to come into force on 1 January 2009, was still on course. There were two reasons for this attitude. Firstly, the dozen or so initiatives which will not be formally adopted before the new treaty comes into force will lapse, their legal basis no longer being valid (see EUROPE 9653). Thus the Council called on the Union to “make every effort to ensure the rapid adoption of important legislative proposals still pending in this field before the end of the year or, as appropriate, before the end of the current legislature”. Secondly, while it is true that the simplified text would have not inconsiderable consequences for several justice and home affairs issues, particularly since it grants the European Parliament co-decision powers, equal to those of the 27 ministers, too great a delay in implementing the text would mean the EU would have to look for other solutions, turning, for example, to the famous “bridging clause” or the enhanced cooperation mechanism, something of which member states are, for the moment, fearful.
Immigration and asylum. The European Council said that efforts had to be “strengthened” over the coming months, to improve the effectiveness and consistency of migration policies. Leaders welcomed the communications on immigration and asylum presented by the Commission on 17 June (see EUROPE 9683 and 9684), noting, in passing, their interest in the “pact on immigration” which will be presented in Cannes on 7-8 July by the forthcoming French Presidency. On this point, French President Nicolas Sarkozy said his counterparts had given this pact a “very enthusiastic welcome”, which let him hope that the text could be adopted in October. “This pact represents the basis for making concrete decisions on immigration policy,” said President of the Italian Council Silvio Berlusconi. Spanish Prime Minister José Luis Rodriguez Zapatero said he was “sure” that the EU would reach agreement on a joint text under French Presidency. He highlighted, however, the Spanish position, which is “not to take account of the integration contract” that France is promoting, not deeming it relevant.
In terms of practical measures, heads of state and government called on the Council to make faster progress so that proposals on the “Blue Card” for highly qualified immigrants, on sanctions against employers of illegal immigrants and on a single application procedure and a common set of rights for third country nationals can be adopted (see EUROPE 9529 and 9530).
On asylum, the Council underlined the importance of continuing to make progress on the future Common European Asylum System to have it in place for 2010, and this despite the fact that member states are well behind schedule in harmonising practices. The Council also called for efforts to be stepped up in developing an integrated border management strategy, particularly future development of FRONTEX and new technologies. On this last point, heads of state and government said that the Commission would bring forward proposals on an entry/exit and registered traveller system by the start of 2010, and also studies on proposals on an electronic system for travel authorisation (ESTA) and on a European Border Surveillance System (see EUROPE 9600). Welcoming the recent agreement on the returns directive, the European Council stressed the need urgently to conclude readmission agreements with third countries (see EUROPE 9685). On the Global Approach to Migration, it welcomed the launch of projects with Cape Verde and Moldova and said it awaited similar programmes with Georgia and Senegal (see EUROPE 9676).
Combating terrorism and organised crime. The European Council took on the conclusions of the report by the EU Counter-Terrorism Coordinator Gilles de Kerchove (see EUROPE 9678) and called on the European Commission to present its communication on the prevention of radicalisation and recruitment for terrorism “as soon as possible”, and to provide technical assistance to the countries of North Africa, the Sahel and South Asia. Heads of state and government also called for new initiatives to be considered to strengthen information exchange, in similar fashion to the Prüm Treaty, which relates to the exchange of DNA and fingerprint information (see EUROPE 9677).
Police and judicial cooperation. The European Council believes the role of Europol and Eurojust should be beefed up, along with they way they interact to combat serious cross-border organised crime. It called for rapid formal adoption of the decision on the creation of Europol (see EUROPE 9646) and for ministers to complete work as soon as possible to adopt the project to boost Eurojust before the end of this year.
Criminal and civil justice. On penal and justice issues, the Council welcomed the initiative to gradually establish a uniform EU e-justice portal by the end of 2009. In criminal justice issues, the Council reaffirmed the importance of achieving a high level of environmental protection throughout the EU through agreement on the directive to criminalise environmental crime and progress in the directive on pollution caused by ships. It also welcomed adoption of the decision for enhancing procedural rights in trials in the absence of the person, thus strengthening the procedural guarantees. The politicians called for discussion to continue on crimes committed by totalitarian regimes. The politicians want work to continue in civil law issues and for the regulation on alimony (maintenance obligations) to be adopted by the end of the year. They want a 'political solution concerning the Regulation on jurisdiction and applicable law in matrimonial matters to be found promptly,' in the light of Sweden's refusal to adopt the divorce regulation known as Rome III (see EUROPE 9677). The European Commission was invited to 'submit its proposal on succession and wills before the end of 2008'. The Council underlined 'the need to rapidly follow upon the project to establish a common frame of reference for European contract law.'
Miscellaneous. The European Council said it firmly supported the aim of ensuring all EU member states are able to join the United States' Visa Waiver Programme as soon as possible (twelve EU member states are not yet members of it). It urged the Council of the EU, the European Commission and the member states to ensure raid progress in boosting the EU's natural disaster management capacity. On the introduction of the second generation Schengen Information System (SIS II), the European Council urged the member states and the Commission to work together, as has not always happened in the past, and to find the funds needed to get SIS II up and running in 2009. (B.C.)