EU Commission backs down in Roma row with France

VALENTINA POP <mailto:v...@euobs.com> 

29.09.2010 @ 15:58 CET

EUOBSERVER / BRUSSELS - The EU commission on Wednesday (29 September) decided 
to go for the less controversial legal action against France for not having 
properly transposed EU law into national legislation, but refrained from suing 
Paris for discriminating against an ethnic group and simply asked for "more 
information".

Friends again: Barroso (l) and Sarkozy have buried the Roma hatchet (Photo: 
consilium.eu)

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Deliberations on how to proceed against France lasted two and a half hours 
longer than expected, after a joint presentation by justice commissioner 
Viviane Reding and her colleagues in charge of home affairs and employment.

The decision, presented in French by the commission's main spokeswoman, was 
"taken unanimously", with the delay allegedly due to the "busy agenda" of the 
meeting, as a package on economic governance was also adopted on Wednesday.

But divergent views over the outcome of the meeting were already apparent 
minutes after it had finished, with Ms Reding telling France-24 tv network that 
the commission "decided to launch an infringement proceeding" against France 
for improper transposition of EU law on freedom of movement.

Meanwhile, a few floors below, journalists were told that the infringement 
procedure will start "as part of an October package" against several other 
countries and only if Paris does not come up with a calendar for transposition 
by 15 October.

As to the more embarrassing and delicate legal case on discrimination after a 
leaked circular of the ministry of interior proved that French authorities were 
instructed to target Roma camps "with priority", the commission decided that 
there was not enough legal ground to sue Paris. 

In a fiery speech that angered Paris by comparing its policies to those of the 
Nazi regime, Ms Reding earlier this month announced that the commission will 
"have no choice" but to launch an infringement procedure against France for 
discrimination. 

The French government has since withdrawn the circular, which was in force for 
over one month, during which Romanian and Bulgarian citizens were evacuated 
from the camps and given 300 euros to fly home.

Speaking at a later briefing, EU commission chief Jose Manuel Barroso 
emphasised the "assurances" given by French authorities that no discrimination 
had taken place. 

"We have decided to send a letter to the French authorities today and there 
will a complete legal briefing. But I don't want to comment further on these 
very sensitive legal issues," he said.

"We take decisions based on EU law, on what the justice directorate and the 
legal services have instructed us," he added.

Mr Barroso also pointed to the "taskforce" on Roma issues within the 
commission. Led by Ms Reding along with home affairs commissioner Cecilia 
Malmstrom and the top official for social affairs and employment, Laszlo Andor, 
the task force is going to look at what member states are doing with EU money 
destined for Roma projects.

EU officials are suggesting that Paris is still not off the hook on the 
non-discrimination front, as Ms Reding is keen on seeing how these "political 
reassurances" are transposed in practice. So far, "she has no legal case," one 
source told this website, "but the war is not over yet."

Reacting promptly to what is a victory for Paris, France stressed that it is 
"not currently engaged" in any activities in breach of EU law on the freedom of 
movement, "especially when it comes to the deportation of EU citizens taken 
after the evacuation of illegal camps in August." 

In a statement, a spokesperson for the foreign minister promised that Paris 
will send all the necessary information required by Brussels.

http://euobserver.com/9/30921/?rk=1

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