Local view for "http://purl.org/linkedpolitics/eu/plenary/2001-03-13-Speech-2-137"
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"en.20010313.11.2-137"2
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".
The initiative before us today concerns the enforcement of national, administrative expulsion measures against foreigners, even where they have since moved to another Member State.
The purpose of this proposal is, quite patently, to make it easier to take measures to expel third-country nationals. To that end, it introduces an instrument for the mutual recognition of these decisions. Accordingly, an expulsion decision taken in one Member State can be enforced in another.
At first sight it may seem quite laudable to try to regulate and control the movement of foreigners whom our Member States have decided to expel. This would be in line with the conclusions of the Tampere European Council of October 1999, aimed at better migration management. Careful examination, however, soon shows up the total ambiguity and imprecise nature of this initiative and the legal loopholes it contains.
Now that it is high time the European Union countries adopted a genuine immigration policy, what are we to think of a document that not only does not regulate expulsion issues at all, but which also seems to show complete disregard for the real situations faced by people?
To address the immigration problem also means this: to dare to look at these non-Community citizens threatened with expulsion or being expelled who, having entered the closely-guarded Schengen area, find themselves battling against recalcitrant administrations.
If the European Union wishes to be and remain an area of freedom, justice and security, it will have to adopt legal instruments that are not only effective but also take the human factor into account. Not measures which, like this initiative, are basically aimed only at establishing a security policy under which foreigners, perceived as a threat, can no longer enjoy their rights and freedoms and the word justice has become meaningless.
Moreover, it is difficult to accept the legal basis chosen for this proposal, namely Article 63(3) of the EC Treaty. That article is concerned only with immigration measures taken in specific circumstances, and in particular the conditions under which a third-country national can be sent back or expelled, against his will, to his country of origin. The present proposal for a directive does not address these matters. It is confined simply to the mutual recognition of decisions already taken. The proposal does not, therefore, set out to lay down Community rules on expulsion.
It would therefore be dangerous to adopt an initiative of this kind to tackle an issue as sensitive as immigration. Any rules adopted in this regard must respect the humanitarian and universalist values that underpin Europe. Otherwise, our Community policies would become meaningless."@en1
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