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Directorate-General for Research WORKING DOCUMENT FREEDOM Directorate-General for Research WORKING DOCUMENT FREEDOM, SECURITY, JUSTICE: AN AGENDA FOR EUROPE Civil Liberties Series LIBE 106 EN This publication is available in English and French PUBLISHER: The European Parliament Rue Wiertz B-1047 Brussels EDITOR: Andrea Subhan Directorate General for Research Division for Social, Legal and Cultural Affairs Tel. (0032) 284 3684 Fax: (0032) 284 9050 E-Mail: [email protected] Manuscript completed in October 1999 Directorate-General for Research WORKING DOCUMENT LIBERTY, SECURITY, JUSTICE: AN AGENDA FOR EUROPE PUBLIC HEARING ORGANIZED BY THE COMMITTEE ON CIVIL LIBERTIES AND INTERNAL AFFAIRS 24-25 March 1999 Civil Liberties Series LIBE 106 EN 10-99 EN Liberty, Security, Justice: An agenda for Europe CONTENTS Page LIBERTY, SECURITY, JUSTICE: AN AGENDA FOR EUROPE Opening of the Conference by Mr Luis MARINHO, Vice-President of the European Parliament ....................................................................... 5 Presentation of the action plan of the Council and the Commission for the establishment in Europe of an area of freedom, security and justice Current Presidency of the Council of the European Union: Mrs Herta DÄUBLER-GMELIN, Federal Minister of Justice of the Federal Republic of Germany ...................................... 6 and Mr Claus Hennig SCHAPPER, Secretary of State, Ministry of the Interior of the Federal Republic of Germany ............ 11 Mrs Anita GRADIN, Member of the European Commission.......................................... 13 Preparation of proceedings in respect of the Tampere Summit Presidency of the Council of the European Union for the second half of 1999: Mr Jussi JÄRVENTAUS, Minister of Justice of Finland .......................................................................................... 18 Jurisdiction of the Court of Justice following the entry into force of the Treaty of Amsterdam Mr Nial FENNELLY, Advocate-General at the Court of Justice of the European Communities ....................... 19 The impetus given by the European Parliament and its Committee on Civil Liberties and Internal Affairs since the entry into force of the Maastricht Treaty Mr Rinaldo BONTEMPI, rapporteur for the European Parliament's Committee on Civil Liberties on the area of freedom, security and justice............................................................................................ 26 Transparency, participation, efficiency: key elements of an action plan Mr Jacob SÖDERMAN, European Ombudsman............................................................. 26 1. Fundamental rights, citizenship and civil judicial coooperation Amnesty International, Mrs Brigitte ERNST................................................................... 29 The platform of European Social NGOs, Mr Giampiero ALHADEFF ........................... 31 Permanent Civil Society Forum, Mr Virgilio DASTOLI................................................. 34 Migration Policy Group, Mr Jan NIESSEN..................................................................... 34 2. Judicial cooperation Transparency International, Mr Dieter FRISCH .............................................................. 35 MEDEL, Association of European Magistrates for Democracy and Freedom. Mr Orlando ALFONSO ................................................................................................... 37 - 3 - PE 168.396 Liberty, Security, Justice: An agenda for Europe Mr Renaud Van Ruymbeke, Judge in the Geneva appeal................................................ 37 Mr Sandro CALVANI, UN/DCCP .................................................................................. 38 3. Free movement of persons, asylum and immigration UNHCR - Mr Raymond HALL, Regional representative................................................ 39 European Council for Refugees and Exiles, Mr Friso ROSCAM ABBING .................. 44 EU Migrants' Forum, Mr Saïd CHARCHIRA ................................................................. 46 International Organisation for Migration, Mrs Renate HELD ......................................... 47 Workshop I 1. Freedom of movement of persons: crossing of external borders, immigration, approval of asylum Opening remarks by Mrs Viviane REDING .................................................................... 49 Introduction by the moderator: Prof. Bruno NASCIMBENE, Milan, Italy ..................... 49 2. Fundamental rights, citizenship and civil judicial cooperation Chaired by Mrs Hedy d'ANCONA Introduction by the moderator: Prof. Henri LABAYLE, Bayonne, France...................... 64 Workshop II 1. Combating criminality: judicial cooperation Chairman: Mr Jan K. WIEBENGA Introduction by the moderator: Prof. Mireille DELMAS-MARTY, Paris, France .......... 81 2. Combating criminality: police, customs and administrative cooperation. Chairman: Mr Hartmut NASSAUER............................................................................... 91 Workshop conclusions .............................................................................................................. 101 Contributions by delegations from national parliaments........................................................ 107 General conclusions.................................................................................................................. 122 Annex 1 ...................................................................................................................................... 125 Resolution of the EP, of 13 April 1999, on the draft action plan of the Council and Commission on how best to implement the provisions of the Treaty of Amsterdam on an area of freedom, security and justice Rapporteur : Mr Rinaldo BONTEMPI (OJC 219 of 30.7.1999) Annex 2 ...................................................................................................................................... 132 Resolution of the EP, of 10 February 1999, on the harmonisation of forms of protection complementing refugee status in the European Union Rapporteur : Mrs Michèle LINDEPERG (OJC 150 of 28.5.1999) Annex 3 ...................................................................................................................................... 137 Resolution of the EP, of 13 April 1999, on the Strategy Paper on the European Union’s migration and asylum policy Rapporteur : Mrs Viviane REDING (OJC 219 of 30.7.1999) Annex 4 ...................................................................................................................................... 143 Recommandation of the EP, of 14 January 1999, to the Council on the programme of activities to be conducted under the Schengen cooperation arrangements up to June 1999 Rapporteur : Mrs Anne VAN LANCKER (OJC 104 of 14 April 1999) Annex 5 ...................................................................................................................................... 148 Resolution of the EP, of 13 April 1999, on criminal procedures in the European Union (Corpus Juris) Rapporteur: Mr Jan Kees WIEBENGA (OJC 219 of 30.7.1999) - 4 - PE 168.396 Liberty, Security, Justice: An agenda for Europe Mr Luis MARINHO, Vice-President of the European Parliament On behalf of the President of the EP, I have great pleasure in opening this conference on the area of freedom, security and justice. The idea of an action plan1 to implement this area dates back only to the European Council in Cardiff in June 1998, less than a year ago. To summarise briefly the steps that have already been taken to date, I would remind you that: - the Treaty of Amsterdam contains new provisions with a view to developing the EU into an area of freedom, security and justice; - work began with a communication from the Commission addressed to the EP and the Council, which set itself a twofold aim: (1) to analyse the actual concept of ‘area of freedom, security and justice’, the meaning of its various terms, and the way in which they fit in with the European context, and (2) to list the various routes that can be taken to put this area into practice. In its conclusions, the Commission emphasised the need to deepen this preliminary approach, via an in-depth dialogue with the EP and, in particular, representatives of civil society. - On 3 December 1998, the Council adopted the action plan on the best ways of implementing the provisions of the Treaty of Amsterdam with a view to establishing an area of freedom, security and justice. This action plan establishes, in particular, the schedule of priorities over two years and five years, and places particular emphasis on integrating Schengen into the EU’s legal framework, the free movement of persons, combating trafficking in human beings, the development of Europol and the strengthening of judicial cooperation. The fight against organised crime is regarded as an absolute priority. - As yet there has been no real public debate. The EP has appointed a rapporteur on this question, Mr Rinaldo Bontempi2 ,who will tell you in more detail what has been done so far and what his expectations are. The action plan should answer certain major concerns of public opinion in Europe, namely security, freedom of movement, respect for fundamental rights and democratic bases, and the rule of law. The action plan is set to resolve questions whose scope is such that it is inconceivable that the EP could state its views on its orientations without first discussing it extensively with national parliaments and representatives of civil society. That is why, in its annual debate on the
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