EU policies in the area of Freedom, Security and Justice: state of play and future perspectives

The European Union as an area of Freedom, Security and Justice. We must maintain and develop the European Union as an area of Freedom, Security and Justice. This is a central concern for EU citizens. The Hague programme, adopted by the European Council in 2004, sets out the way ahead for strengthening freedom, security and justice for the years to come.

Achieved much: Eurojust, Europol and Frontex are all in place. Policy has advanced greatly in recent years. Many of the European Commission’s current and forthcoming legislative proposals concern freedom, security and justice. We have achieved much already: for example, Eurojust, Europol and Frontex are all in place. The European Arrest Warrant has enabled the speedy transfer of suspects between Member States and, within Schengen, we have an area where people can travel freely.

Still much to do. But there is still much to do to respond to citizens’ expectations. We must look to the future.

Look to the future: firstly, enhanced co-operation is critical for the future. After the enlargement to 25 Member states (now 27) adopting legislation has slowed down significantly. At the same time there is more demand for action at EU level. This demand is created by the transnational and cross border nature of today’s globalised world and EU citizens. Almost 9 in 10 EU citizens wish more EU level action in fighting terrorism, organised crime and trafficking. [Eurobarometer survey]

The veto power. "No action" is not an option. The decision making process must be improved. The veto power of Member States, in the Third pillar, has shown its weaknesses. The German Presidency is re-launching the Constitutional process. The Commission, of course, gives them its full support. But even if there is no agreement about the Constitution and the institutional reform of the EU, ’no action’ is not an option - certainly not for the Commission.

The passerelle for a new decision-making process. We will have to act anyway to improve decision making in freedom, security and justice. I believe that, in such a scenario, the passerelle, provided for in the existing Treaties, can still be considered a good way to meet the challenges ahead. We must find a solution to make the decision-making process more efficient, transparent, and accountable.

Look to the future: secondly, regional co-operation. In an EU of 27 – or more – Member States there will be divergences among Member States. We will probably see an increase in regional or shared interest cooperation between groups of Member States, outside the EU framework. For example in South-East Europe, the Baltic Sea Task Force, or the G6.

The Commission’s role must be to ensure convergence among the different forms of co-operation. And possibly give their initiatives a European framework through enhanced cooperation, if there is no unanimity on the need for action at EU level.

Look to the future: thirdly, management of migration will continue to be important. An ageing population will mean the EU needs migration. Legal migration policy will have to be further developed. Very soon I will present initiatives on admission to the EU for legal migrants, such as Directives on legal migrants’ rights and on ’highly skilled workers.’ Partnership. We must work in partnership with third countries. We will continue to take a global approach. Developing comprehensive and coherent policies, for the EU and our partners. Legal and illegal immigration, integration, refugee protection, combating trafficking, and, crucially, links between migration and development. Circular migration – for temporary or seasonal work – is important. Already there are arrangements between some Member States and Third Countries, for example, in agriculture.

Management of borders will increase in importance as more countries join Schengen and the social and economic differences between the EU and Africa increase. We need more coordination of common border guard teams, customs and police authorities, a European Coastguard. FRONTEX will play a major role.

Share information: databases and biometrics. Development of common databases to share information between Member States will also be important. SIS [for Schengen], VIS [for visas], Eurodac [for asylum] and national information systems will be interoperable and linked in networks. New technology and biometrics, for example in passports, will have a crucial role in border management as well as in other areas.

Look to the future: fourth, protect our citizens. We need to expect terrorism and organised crime to remain threats. External events – sometimes tragic events - will continue to affect our policies. We must be prepared. As much as possible we must prevent events and protect our citizens.

Critical infrastructure. Efforts will focus on the protection of people and critical infrastructure. Big energy infrastructure, transport hubs, airports and information systems in Europe are interdependent. A failure of one electric network has immediate consequences on several Member States. A common system of alerts and emergency response for major events may be agreed upon in the future.

Look to the future: fifth, mutual recognition( mutual trust) . In civil and criminal justice the principle of mutual recognition will continue to guide EU policy and law making. Mutual recognition can be further developed only if we deepen mutual trust. Setting common standards on procedural rights, detention conditions, collection and handling of evidence will enable this.

Mutual recognition programme. The mutual recognition programme in the area of Civil Justice should be achieved. Judgements and decision should be recognised and enforceable throughout the EU without the need for intermediate procedures.

Europol: operational competencies. Europol [The European Police office] will function on a new legal basis. It might have operational competencies for protection of the EURO and EU financial interests.

Data bases. Information from national data bases on crime and criminals will be available to all police forces in the EU. The gathering and sharing of information presupposes a clear legal framework for data protection inside the EU and in relations with third countries (For example on Passenger Name Records, financial transactions data).

Look to the future: sixth, citizenship. Citizenship will remain a key part of justice, freedom and security. Consular protection will be increasingly important. EU citizens will travel more and more. Events such as the Tsunami in the Indian Ocean or Lebanon situation in 2006 test how well (or not) arrangements work. Making sure EU citizens have consular protection even if their own country does not have a consulate in a third country will be more and more important, especially for smaller Member States.

Agency for Fundamental Rights. Efforts to protect citizens’ individual rights will continue. The Agency for Fundamental Rights, based here in Vienna, started work on the 1 March this year. In the next ten years its competencies will be possibly extended to cover all areas of EU activities.

For a consistent Union framework. In conclusion, we will face new challenges and existing ones will continue. Transnational and cross border challenges demand an EU level response. The role of the Commission to coordinate legal and practical action will increase. We need a consistent Union framework to enable cooperation among all Member States. We must seek the opportunities of new techonology such as protection to databases or from biometrics. We must avoid inconsistencies. We must overcome current obstacles, such as the decision making process in the third pillar. EU citizens want EU level action in the area of freedom, security and justice. We must deliver this. Thank you

Vienna, 3 May 2007

Source : Europa