NY Times
BRUSSELS — After an acrimonious dispute over its expulsions of Roma, France was told on Wednesday that it would face legal proceedings for failing to meet minimum European Union safeguards to protect the rights of the bloc’s citizens.
The decision followed a fierce clash between the European Commission, the bloc’s executive body, and President Nicolas Sarkozy of France that overshadowed a meeting of European Union leaders this month.
Wednesday’s action is less than the European commissioner for justice, Viviane Reding, promised a little more than two weeks ago, when officials also considered taking France to court over the more serious charge of discrimination. But she did single out the government in Paris for legal action.
Heather Grabbe, director of the Open Society Institute in Brussels, said: “They are on more solid ground doing it this way, but it doesn’t send a signal about discrimination. I applaud it if it is effective, but they need to follow through on rooting out discrimination.”
The dispute over the Roma, also known as Gypsies, has brought relations between the French government and the European Commission to a low point. One of the jobs of the bloc’s executive body is to be the guardian of European Union law.
The decision on Wednesday trod a narrow line between worsening the rift with Paris and backing down. The legal case accuses France of failing to incorporate minimum European Union standards protecting ethnic groups into national legislation, which it agreed to do under a 2004 law. While other countries are also thought to be in a similar situation, France was singled out on Wednesday with a formal letter, the first step in legal action.
The European Commission said in a statement that it would consider action against other nations.
In her initial statement this month, Ms. Reding said she was convinced that the commission would also have “no choice” but to initiate infringement action against France “for a discriminatory application” of European law.
But on Wednesday the commission decided against immediately beginning a discrimination case, sending Paris a series of questions instead.
On Wednesday, the French Foreign Ministry highlighted the fact that the legal measures were restricted to the state of its law, rather than directly criticizing measures taken by the French government.
“If it’s legitimate for the commission to question one or other member states on the application of community law, the real question is one of better integration of the Roma in the countries of which they are citizens,” it said in a statement.
Under European Union procedures, France will be given the chance to reply to the commission and, if it fails to satisfy the authorities in Brussels, could be taken to the European Court of Justice. That court could force the French to bring their laws into line with European Union rules or face fines.
France has sent thousands of Roma back to Romania and Bulgaria this year, destroying illegal camps where they were living on the outskirts of French cities.
The rift between Paris and Brussels emerged when Ms. Reding discovered that assurances from French ministers about their policies on Roma were contradicted by an official document that was leaked.
That document — which has since been withdrawn — showed that Roma had been specifically singled out by the French government.
In an unusually blunt comment, Ms. Reding referred to “a situation that I had thought that Europe would not have to witness again after the Second World War.”
In Brussels, some officials argue that there is little point in pursuing France over the discrimination issue because it has already withdrawn the document. Others say that, were a case taken to the European Court, it could open up the opportunity for civil cases in France by Roma whose rights were breached.
While the dispute has raised the plight of Roma as a political issue, groups campaigning for their rights say much more needs to be done.
Ms. Grabbe called on the European Commission to examine the behavior of other nations, including Italy. “They need to send a signal that this is not acceptable behavior in Europe.”
In a report published Tuesday, Amnesty international argued that European countries, including Germany, had been forcibly returning Roma to Kosovo and called for a halt to the practice. A different set of obligations applies to citizens from Kosovo because the country is not a member of the European Union and therefore they do not have the right to move freely through the bloc.
But Sian Jones of Amnesty International asserted that European Union countries risked breaking international law by sending Roma back “to places where they are at risk of persecution, or other serious harm.”
The decision followed a fierce clash between the European Commission, the bloc’s executive body, and President Nicolas Sarkozy of France that overshadowed a meeting of European Union leaders this month.
Wednesday’s action is less than the European commissioner for justice, Viviane Reding, promised a little more than two weeks ago, when officials also considered taking France to court over the more serious charge of discrimination. But she did single out the government in Paris for legal action.
Heather Grabbe, director of the Open Society Institute in Brussels, said: “They are on more solid ground doing it this way, but it doesn’t send a signal about discrimination. I applaud it if it is effective, but they need to follow through on rooting out discrimination.”
The dispute over the Roma, also known as Gypsies, has brought relations between the French government and the European Commission to a low point. One of the jobs of the bloc’s executive body is to be the guardian of European Union law.
The decision on Wednesday trod a narrow line between worsening the rift with Paris and backing down. The legal case accuses France of failing to incorporate minimum European Union standards protecting ethnic groups into national legislation, which it agreed to do under a 2004 law. While other countries are also thought to be in a similar situation, France was singled out on Wednesday with a formal letter, the first step in legal action.
The European Commission said in a statement that it would consider action against other nations.
In her initial statement this month, Ms. Reding said she was convinced that the commission would also have “no choice” but to initiate infringement action against France “for a discriminatory application” of European law.
But on Wednesday the commission decided against immediately beginning a discrimination case, sending Paris a series of questions instead.
On Wednesday, the French Foreign Ministry highlighted the fact that the legal measures were restricted to the state of its law, rather than directly criticizing measures taken by the French government.
“If it’s legitimate for the commission to question one or other member states on the application of community law, the real question is one of better integration of the Roma in the countries of which they are citizens,” it said in a statement.
Under European Union procedures, France will be given the chance to reply to the commission and, if it fails to satisfy the authorities in Brussels, could be taken to the European Court of Justice. That court could force the French to bring their laws into line with European Union rules or face fines.
France has sent thousands of Roma back to Romania and Bulgaria this year, destroying illegal camps where they were living on the outskirts of French cities.
The rift between Paris and Brussels emerged when Ms. Reding discovered that assurances from French ministers about their policies on Roma were contradicted by an official document that was leaked.
That document — which has since been withdrawn — showed that Roma had been specifically singled out by the French government.
In an unusually blunt comment, Ms. Reding referred to “a situation that I had thought that Europe would not have to witness again after the Second World War.”
In Brussels, some officials argue that there is little point in pursuing France over the discrimination issue because it has already withdrawn the document. Others say that, were a case taken to the European Court, it could open up the opportunity for civil cases in France by Roma whose rights were breached.
While the dispute has raised the plight of Roma as a political issue, groups campaigning for their rights say much more needs to be done.
Ms. Grabbe called on the European Commission to examine the behavior of other nations, including Italy. “They need to send a signal that this is not acceptable behavior in Europe.”
In a report published Tuesday, Amnesty international argued that European countries, including Germany, had been forcibly returning Roma to Kosovo and called for a halt to the practice. A different set of obligations applies to citizens from Kosovo because the country is not a member of the European Union and therefore they do not have the right to move freely through the bloc.
But Sian Jones of Amnesty International asserted that European Union countries risked breaking international law by sending Roma back “to places where they are at risk of persecution, or other serious harm.”
