EU: Action Plan on establishing an Area of Freedomsecurity andjustice
01 November 1998
The JHA Council on 3-4 December held an "open debate" (where press and public can watched on video screens) on this Action Plan. Ministers read out prepared speeches as is the norm on these occasions. Belgium Justice Minister Van Parijs said that the free movement of persons emphasised the need for: "a European approach for asylum policy and the fight against illegal immigration". The Greek Minister for Public Order, Mr Petsalnikos said that "freedom can only exist in an area where security prevails and justice reigns". While for the incoming German Presidency the Justice Minister, Mrs Dable-Gmelin, said that the EU needed to create a European "legal structure" and a "constitution of European law" hand in hand with "the development of Europol". Italian Interior Minister Mrs Jervolino-Russo said that there must be a "very rapid" implementation of Europol whose mandate should be extended to "all fields of crime".
The Action Plan is geared to implementing and extending the changes which will be brought about through the Amsterdam Treaty: in particular the new Title IV of the Treaty establishing the European Communities (TEC) and the revised Title VI (police and judicial cooperation) of the Treaty on European Union (TEU). The former transfers, within five years, immigration and asylum from the "third pillar" to the "first pillar" (measures adopted within and after five years will be under the "Community method" as Community law, for example, as Regulations or Directives).
The concepts of "Freedom" and "justice" in the title of the Action Plan are defined simply in relation to "security", as "freedom to live in a law-abiding environment" and the combating of those who "seek to deny or abuse that freedom".
As applied to "Immigration and asylum policies" the "Area of freedom" means on the one hand: "ensuring the integration and rights of those third country nationals legally present in the Union.." and on the other "combating illegal immigration" and turning the "soft law" (of the post-Maastricht Resolutions and Recommendations) into Community law. The latter are very largely directed to removing rights of entry and restricting the right to stay.
An addition to the areas in the Action Plan to "freedom, security and justice" is "relations with third countries and international organisations", the "dialogue" with "Interpol, UNHCR, Council of Europe, G8 and the OECD will become even more intense in the future". The Amsterdam Treaty will "enhance the Union's role as a player and a partner on the international stage, both bilaterally and in multilateral fora". Particular attention is drawn to the EU exercising "its influence internationally" on asylum and immigration issues (Title IV, TEC) and the signing of "international agreements" (Title VI, TEU). This reference to "international agreements" is interesting because being intergovernmental no reference is required to parliaments, national or European. Article 38 of Title VI, TEU (police cooperation) simply refers to Article 24, under Title V (defence and foreign policy), which allows EU member states to conclude "agreements" with "one or more States or international organisations".
The Action Plan then sets out specific priorities which include:
a) replacing "soft law" provisions under the new Title VI with "more effective ones".
b) a "Convention on the lawful status of illegal immigrants"
c) establishing "a coherent EU policy on readmission" (sending people back to countries of origin)
d) "establishment of a Task Force which will assess countries of origin on an inter-pillar basis"
e) "start harmonising Member States' laws on carriers' liability"
f) "improvement of the possibilities for the removal of persons who have been refused the right to stay"
g) Europol: "set up a European criminal records office"
h) Europol: "make the fight against illegal immigration one of the priorities of operational cooperation"
i) to use Article 34.c o