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GYPSIES: HUMAN RIGHTS AND EU LAW

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MIAMI, Sep 30 2010 (IPS) - A recent European summit degenerated into an unfortunate confrontation within the context of European integration. There was a heated exchange between French president Nicolas Sarkozy and European Commission president and former Portuguese prime minister Jose Manuel Barroso over the expulsion of EU citizens -in this case Romanian citizens (gypsies, ‘Roma’)- from French territory. The EU justice commissioner, Viviane Reding, compared the act to deportations during World War II. Sarkozy bluntly responded that she could receive in her native Luxembourg all the gypsies she wished. Reding admitted her language was rather exaggerated, but the scandal did not subside.

The origin of this alarming polemic was France’s deportation of more than 8,000 gypsies, who were flown back to Bucharest. As evidence of the serious divisions that plague the EU, some premiers sided diplomatically with Sarkozy, considering that illegal immigration in their own countries might lead to similar incidents. German chancellor Angela Merkel rushed to deny Sarkozy’s assertion that she was considering similar measures which would have grave consequences given her country’s sorry past.

More than a simple violation of human rights, France’s action has trampled on two kinds of actual legislation: EU law guaranteeing the freedom of movement within its borders (along the other freedoms of goods, capital, and services) and the general human rights guarantees enshrined in the Convention of the Council of Europe (a separate organisation). As prestigious jurists have pointed out, all EU citizens (and families, regardless of citizenship) have the right to move from one EU state to another, for whatever reason.

Moreover, all EU citizens have the right to select permanent residence in any EU state whatever the motivation. Acclaimed scholar of the EU professor Araceli Mangas, of the University of Salamanca in Spain, has explicitly confirmed that this is a fundamental right that has been integral to EU law from the Treaty of Rome (1957) to the latest Reform Treaty of Lisbon.

In addition to guaranteeing the freedom of movement and residence, EU law also prohibits discrimination on the basis of nationality or racial and ethnic origin.

These rights are not unconditional and differ from those enjoyed by nationals. For example, community law requires new residents to demonstrate that they have means of support so that they don’t end up on public assistance. Does this mean that a country can expel individuals that lack such means? Yes, but this determination must be made on a case-by-case basis, and justification must be grounded in concern for public order, security, or public safety.

In short, France can order the deportation only of those Roma found to have directly participated in serious incidents. EU law stipulates that individuals in question must be given due legal process and can be deported only after a judicial decision is rendered. In the case of the expelled Roma, France has respected neither the spirit nor the letter of the law. Moreover, EU law prohibits permanent expulsions and provides for a status review every three years. If the court finds in the deportee’s favour, he or she has a right to economic compensation and return to the country. The European Convention on Human Rights of 1950 (of the Council of Europe) also recognises ‘collective expulsions’ as a ‘grave violation’ .

Already ‘condemned’ in the court of public opinion, the French government now awaits the result of inquiry by the European Commission. How the EU institutions react will determine whether the damage already caused will spill over into other sectors of the EU, a prospect that the process of European integration ill needs. (END/COPYRIGHT IPS)

(*) Joaquin Roy is ‘Jean Monnet’ Professor and Director of the European Union Centre of the University of Miami jroy@Miami.edu

 
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