EU NATIONS and Roma Repatriation

OVERVIEWI. The “Roma Problem” – What had

happened?

II. Legal aspect

III.The Aftermath

IV. Croatia

Roma?•A Traveling people

•History of persecution

EU nations and Roma

Roma Repatriation2010•French Program for Roma

▫Roma needed to return▫Roma agreed to go voluntairly

•Voluntairly return was awarded▫Airplane ticket▫300€ ($415)

•56% of French population supported the measures

•Not the first action of that kind: in 2009 roughly 10 000 were expelled

•By the September 2010, 8 000 were repatriated

•A leaked memo from the interior ministry to the police

•The joke? ▫Paid vacation?

•The reasoning:

Mr Sarkozy : "sources of illegal trafficking, of profoundly shocking living standards, of exploitation of children for begging, of prostitution and crime“

Roma integration into European society, beginning with their home country

Reaction•Positive (+)

▫Italy▫Germany ▫Sweden▫Denmark

•Negative (-)•European Commission

▫ “disgraceful” and in breach of EU law▫ the situation “Europe would not have to witness again

after the Second World War”•European Parliament

▫The Resolution "rejects any statements which link minorities and

immigration with criminality” deplores “the inflammatory and openly discriminatory

rhetoric that has characterized the political discussion on the occasion of the Roma repatriation“

•Commissioner of the Human Rights Council of Europe▫Report

•UN High Commissioner for Human Rights▫ “such measures can only exacerbate

the stigmatization of Roma and the extreme poverty and exclusion in which they live.”

The breach of EU law?• France was accused of violating several

fundamental rights guaranteed to all citizens of EU member nations

▫the right to freedom of movement and residence▫the right to freedom against discrimination based

on nationality

• The European Commission began an infraction proceeding against France for violating EU laws on freedom of movement

EU LEGISLATIVE FRAMEWORK•2004 EU Directive on freedom of movement DIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE

COUNCIL on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States▫procedures for deporting illegally staying migrants

•Rome •Maastricht•Lisabon

• The EC: the right to free movement is “one of the most important and cherished individual rights of EU citizens.”

• prohibition against discrimination based on nationality

• freedom of movement

INTERNATIONAL LAW•1953 European Convention on Human

Rights

barriers to full compliance

•1966 International Covenant on Civil and Political Rights (UN)

CASE LAW• ECJ EU law

▫ The freedom of movement may only be restricted “on grounds of public policy, public security or public health.”

▫ Restrictions must be based exclusively on the personal conduct of the individual concerned

▫ The proportionality principle

• INDIRECT RESTRICTIONS ▫ loss of a benefit as a

consequence of one’s exercise of the right to freedom of movement monetary award?

• ECtHRINTL law▫ D.H. v. Czech Republic▫ Conka v. Belgium▫ The right to respect for

one’s private and family life and home

▫ the Roma = “vulnerable” group

EU Goals for Immigration Integration1. Immigration is a dynamic process of mutual accomodation by

immigrants and residents2. Respect for the EU’s basic values should be upheld3. Employment is key and central to immigrants’ participation in society4. Basic knowledge of the host country’s language, history, and customs is

essential for integration5. Education is critical in order for immigrants and their children to be

successful members of society6. Equal acces for immigrants to institutions as well as goods and services7. EU Charter of Fundamental Rights guarantees the practice of diverse

cultures and religions unless they conflict with national law8. Participation of immigrants in the democratic process9. Integration measures should be part of all relevant policies, levels of

government, and public services10. Clear goals and evaluation mechanisms are necessary to evaluate

progress on integration and adjust policies

The Aftermath

Legisaltion•2011: The EU framework for national

Roma integration strategies▫disappointing?

•European Commission against Racism and Intolerance (ECRI) - General Policy Recommendation No.13▫guidelines to the Council of Europe’s

member countries to fight a rising tide of anti-Gypsyism and discrimination against Roma

•September 2012▫France and Romania have signed a deal on

the voluntary repatriation of Roma to Romania !!!

▫http://www.youtube.com/watch?v=fS_dtP2KMI0

CROATIA •Government of the Republic of Croatia -

Decade of Roma inclusion 2005-2015 ▫2012, 2013 Croatian Decade Presidency

Work Plan•EU funds

▫Settlement Orehovica ▫1 000 000 €

THANK YOU! Iva Ćorić