Frattini gears up to end veto over EU justice laws

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Series Details Vol.12, No.24, 22.6.06
Publication Date 22/06/2006
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Date: 22/06/06

The European Commission is ready to borrow a provision from the EU's stalled constitution to get round member states' concerns about surrendering their vetoes on justice matters.

Franco Frattini, the European commissioner for justice, freedom and security will unveil a proposal next week (28 June) aimed at unblocking measures on tackling terrorism, organised crime, trafficking and child pornography.

To reassure states that might be reluctant to lift their veto, Frattini said he would be open to the idea of an 'emergency brake' that would allow a country that has been out-voted to appeal to EU leaders in the European Council.

"I can live with an emergency brake because we approved it in the context of the constitution. I don't want to anticipate the constitution but if this kind of integration is useful to reassure reluctant member states, why not?" Frattini told European Voice.

Persistent problems in getting unanimous agreement from justice ministers for minimum standards for people accused of crimes, allowing available data on cross-border crimes to be exchanged and other law enforcement measures have prompted Frattini to try to use the 'passerelle clause', a provision in the Amsterdam treaty which allows justice matters to move from intergovernmental law to community law. This would mean a stronger role for the European Parliament over the adoption of laws and for the European Court of Justice over their enforcement, in addition to the possibility to use qualified majority voting.

But first the Commission requires the go-ahead from all 25 states on lifting their vetoes and Germany and Ireland are opposing the move while Spain and Slovakia are expressing doubts.

If it succeeds, the Commission will seek to move justice matters on a "field-by-field basis" out of the realm of unanimity and towards qualified majority voting among member states. "If you have problems to envisage the entire space under my responsibility I'd be ready to co-operate on the basis of field-by-field," Frattini said.

National parliaments will have to ratify the Commission's proposal for national vetoes to be lifted. "If national parliaments respond negatively they will take the political responsibility," Frattini said. "I offer to them a better tool: please take the tool if you want, or otherwise explain to your public opinion, because I will explain to my public opinion, that I offered a proposal and they refused."

Germany may prove particularly difficult to win over, given the constitutional problems it has had with introducing EU measures to permit the speedier extradition of suspects and the collecting and exchange of evidence among member states.

Some member states opposing Frattini's proposal are against the idea of tampering with elements that were proposed in the constitution. "The constitution was a compromise and I do not think a compromise gets better by people picking bits out," said one EU diplomat.

"This is pulling something out of the constitution that we didn't like. It's giving us the bad medicine without giving us the good medicine," another diplomat said.

German Liberal MEP Alexander Alvaro said this stance was a "lame excuse" as member states signed up to the constitution which allowed for the move. "We are taking something in advance which you would already do in the future."

The rejections of the EU constitution by French and Dutch voters were precisely why areas such as justice should progress separately, said Dutch Liberal MEP Sophia in 't Veld. "If we can't realise this by the constitution we'll take another road," she said. She added she was in favour of lifting the national veto in all cases and so she was not a "big fan of emergency brakes".

Frattini will unveil his plans next week and then present them at an informal meeting of justice ministers in September. He is hoping for approval from EU leaders at their December summit.

According to the author the European Commission was planning to present a proposal on 28 June 2006 aimed at unblocking measures in the field of Justice and Home affairs. Under the plans the European Commission would borrow a provision from the EU's stalled Constitutional Treaty to reassure Member States that might be reluctant to lift their veto. The European Commissioner for Justice, Freedom and Security, Franco Frattini said he would be open to the idea of an 'emergency brake' that would allow a country that has been out-voted to appeal to EU leaders in the European Council.

Source Link http://www.european-voice.com/
Related Links
European Commission: Press Release: IP/06/848: From Tampere to Tampere: Commission responds to EU citizen’s demands to build up Europe as an area of freedom, security and justice http://europa.eu/rapid/pressReleasesAction.do?reference=IP/06/848&format=HTML&aged=0&language=EN&guiLanguage=en

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