Local view for "http://purl.org/linkedpolitics/eu/plenary/2011-11-16-Speech-3-487-000"
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"en.20111116.24.3-487-000"2
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"Mr President, one thing I want to assure this House of is that we shall not content ourselves with empty words.
So I want to assure you that we shall not be sitting idle, waiting for things to happen on their own. We shall follow and monitor the issues very closely. Once we have received the national strategies at the end of the year, we shall monitor the situation and we shall decide what other measures to take next year.
Let me remind you that the strategy that we have adopted asks Member States to submit their national strategies by the end of the year. We have to wait until the end of the year to evaluate these national strategies, and we shall report to this House at the beginning of 2012.
And this is just the beginning. I assure you that these strategies will not remain empty promises. To take the case of the Free Movement Directive, the majority of Member States, including France, have already modified their laws or announced amendments – or at least this is what we have been told.
The Commission is closely monitoring how these Member States are delivering on their commitments. For those Member States not yet there, the Commission has made full use of its powers under the Treaty, and between April and October of this year launched infringement proceedings against 12 Member States.
The Framework Decision on racism and xenophobia obliging Member States to penalise public incitement to violence or hatred against groups obliges Member States to provide that racist or xenophobic motivation of any offence constitutes an aggravating circumstance, or obliges judges to take this element into account in determining penalties.
This is particularly pertinent for attacks against Roma people, such as those which have taken place recently in Member States, but let me remind you that it is the national courts which will determine whether these statements were inciting hatred – not the Commission.
Member States were obliged to transpose the framework decision into their national legislation by 28 November. 22 Member States have notified their implementing measures, which the Commission is analysing. The missing five are Belgium, Estonia, Greece, Spain and Poland.
The fact that the other 22 have notified does not, of course, mean that they have transposed the framework decision. What we have done is appoint a group of experts to follow closely its transposition and implementation. The implementation report will be presented to us in 2013.
Let me remind you that under the Treaty of Lisbon there is a transition period, and we cannot currently enforce the framework decision. We can only do this after 2013. So we shall have the report of the expert group by 2013. In 2014, we can take infringement measures against those countries which have not duly transposed this directive."@en1
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