EN Official Journal of the European Union C 231/83

Opinion of the Committee of the Regions on The area of freedom, security and justice: the role of regional and local authorities in implementing the Hague Programme

(2005/C 231/13)

THE COMMITTEE OF THE REGIONS,

HAVING REGARD TO the decision of its Bureau of 15 June 2004, in accordance with Article 265(5) of the Treaty establishing the European Community, to instruct the Commission for Constitutional Affairs and European Governance to draw up an opinion on The area of freedom, security and justice: the role of regional and local authorities in implementing the Hague Programme;

HAVING REGARD TO the Communication from the Commission to the Council and the European Parliament — Area of Freedom, Security and Justice: Assessment of the Tampere programme and future orientations (COM(2004) 401 final) and the decision of the European Commission of 2 June 2004 to consult it on this subject;

HAVING REGARD TO the Treaty establishing a Constitution for Europe, signed on 29 October 2004, and the establishment of an Area of Freedom, Security and Justice in Part I (Article I-42) and Part III (Articles III-257 to III-277) of the treaty;

HAVING REGARD TO the conclusions of the European Council held in Brussels on 4 and 5 November 2004 (14292/04), which adopted a new multiannual programme known as the Hague Programme to strengthen the Area of Freedom, Security and Justice over the next five years;

HAVING REGARD TO its opinion on The local and regional dimension of the Area of Freedom, Security and Justice (CdR 61/2003 fin (1));

HAVING REGARD TO its opinion on Crime prevention in the European Union (CdR 355/2003 fin (2));

HAVING REGARD TO its draft opinion on the Fourth Report on citizenship of the Union and the Communication from the Commission on the Fundamental Rights Agency (rapporteur: Ms du Granrut, member of the Picardy Regional Council (FR/EPP) (CdR 280/2004);

HAVING REGARD TO the Recommendation of the European Parliament to the Council and to the European Council on the future of the area of freedom, security and justice (A6-0010/2004);

HAVING REGARD TO its draft opinion (CdR 223/2004 rev. 1) adopted on 3 March 2005 by the Commission for Constitutional Affairs and European Governance (rapporteur: Risto Koivisto, President of Tampere Regional Council, Mayor of Pirkkala (FI/PES));

1) WHEREAS the local and regional dimension is essential to realising the Area of Freedom, Security and Justice;

2) WHEREAS the objectives of the Hague Programme largely coincide with the remits of local and regional authorities;

adopted the following opinion at its 59th plenary session, held on 13-14 April 2005 (meeting of 14 April).

1. Comments of the Committee of the Regions

THE COMMITTEE OF THE REGIONS,

a) General points

1.1 considers the Hague Programme to be well-balanced and therefore a good basis for establishing the area of freedom, security and justice, but would point out that the programme does not take sufficient account of the role played by local and regional authorities in implementing the area of freedom, security and justice;

1.2 notes that in many of the Member States regional and local authorities are responsible for legislation relating to justice, police and home affairs and its implementation, and that local and regional authorities also provide many services of general interest that serve to prevent crime and promote social and economic integration;

1.3 emphasises the need for further progress on this issue and notes that the original Tampere programme is still relevant, and that therefore full implementation of the objectives of the Tampere programme and the additions to it must continue to be the basis for Union action;

1.4 notes that respect for democracy, human rights and the judicial system, and an approach based on self-government and independence of citizens are key factors in establishing a safe and just society;

1.5 emphasises that establishing an area of freedom, security and justice requires general social development that will further the achievement of these goals, since the area of freedom, security and justice cannot be set up solely on the basis of policing and other control measures;

1.6 points out that the programme drawn up for establishing the area of freedom, security and justice will not work properly unless there are moves from the bottom up to remove the causes of insecurity due to factors such as inequality. The AFSJ cannot be established only from the top down on the basis of planned measures, which is why local authorities play a key role in implementing the area of freedom, security and justice in Europe;

1.7 is convinced that the real basis for considerable progress with regard to the area of freedom, security and justice will be provided by the entry into force of the treaty establishing a European Constitution as it simplifies voting procedures for adopting new legislation and gives the European Parliament a greater role.

b) Fundamental rights and citizenship

1.8 regards as important the statement in the Hague Programme that incorporating the Charter of Fundamental Rights into the constitutional Treaty will place the Union under a legal obligation not just to respect, but also to promote, the application of basic rights in the Union;

1.9 intends to endorse the setting-up of a European Fundamental Rights Agency whose Management Board should include a representative of local and regional authorities, given that citizenship and fundamental rights are, first and foremost, to be enjoyed at grassroots level.

c) Asylum and migration policy

1.10 welcomes the fact that with the entry into force of the treaty establishing a Constitution for Europe the EU will have the means to elaborate a fully-fledged immigration policy;

1.11 notes that progress in the sphere of migration policy has not been entirely satisfactory, since not all the proposed directives have been implemented. It is also important that the directives already adopted be effectively implemented;

1.12 stresses the need for a European system of controlled legal migration which offers real hope to would-be immigrants and which seeks to eliminate the desperation which leads many to resort to smuggling gangs;

1.13 notes that controlling illegal immigration, and the smuggling and trafficking of people — which hits women and children particularly hard — is an essential component of a comprehensive approach to immigration, and that initiatives on illegal immigration and expulsion or repatriation must be continued;

1.14 emphasises that cooperation with third countries is important in preventing illegal immigration and trafficking of people, as well as protecting refugees and legal migration.

d) Combating organised crime and terrorism, and EU anti-drugs strategy

1.15 notes that in combating crime and drugs, and in the fight against terrorism, effective cross-border control measures must be accompanied by efforts to understand and contain the causes of marginalisation and radicalisation. Of key importance here are the measures taken by local and regional authorities to provide citizens with basic services, design safe housing and integrate immigrants;

1.16 welcomes the decision of the European Council to include the European Union's Strategy on Drugs 2005-2012 in the Hague Programme and supports its objective of influencing drug use and trafficking by stressing health protection, social cohesion and public security;

1.17 would support the proposal to increase cooperation and exchange of information between Member States' police forces at national, regional and local level and customs authorities;

1.18 considers that preventing and fighting terrorism should continue to be a top priority and emphasises that more effective instruments must be used to deal with the financing of terrorism. In order to combat financial crime, transparency must be increased so that financial transactions can be traced.

e) Judicial cooperation

1.19 agrees with the European Commission that it is important to tighten up the general implementation of EU legislation and effectiveness of judicial cooperation in all the Member States;

1.20 notes that most European Union legislation is implemented at local and regional level.

f) Border controls

1.21 supports the establishment of a European Return Fund;

1.22 welcomes the approaches set out in the Hague Programme aimed at improving the effectiveness of external border controls;

1.23 notes that freedom, justice, external border controls, combating terrorism and internal security cannot be treated as separate issues;

1.24 considers the decision to set up a European Agency for the Management of Operational Cooperation at the External Borders to be a timely one. Sufficient economic and other resources must be guaranteed to enable the agency to become fully operational on 1 May 2005.

g) Funding of measures

1.25 points out that the Action Plan for the area of freedom, security and justice cannot be properly implemented unless there is adequate funding for the measures;

1.26 is pleased that in its Communication on policy challenges and budgetary means of the enlarged Union 2007-1013 the European Commission mentions freedom, security and justice as core values which constitute key components of the European model of society, and makes European citizenship one of the European Union's future funding priorities. The Committee shares the Commission's view that European citizenship as a political concept hinges on the completion of an area of freedom, justice, security and access to basic public goods.

2. Recommendations of the Committee of the Regions

THE COMMITTEE OF THE REGIONS,

a) General recommendations

2.1 supports the decision to continue the Union's action in this sphere by preparing a programme for the area of freedom, security and justice containing detailed priorities and a precise timetable;

2.2 believes it is essential when drawing up the programme to take account of the role played by local and regional authorities in realising the area of freedom, security and justice.

b) Fundamental rights and citizenship

2.3 notes that human and fundamental rights must be respected in all measures intended to create the area of freedom, security and justice;

2.4 is pleased that the Hague programme raises the question of strengthening the rights deriving from Union citizenship, and firmly supports the protection of rights deriving from citizenship, since developing Union citizenship must continue to be a key principle underlying Union action.

c) Asylum and migration policy

2.5 notes that local and regional authorities play a key role in the social integration of immigrants, and calls for adequate resources to be provided for their integration measures;

2.6 notes that the integration of immigrants is strongly influenced by national legislation and social security. Differences in national systems must be taken into account when decisions are taken on common European frameworks;

2.7 considers it important that national governments in future continue to be responsible for deciding whether there is a need for work permits to be granted to citizens of third countries. Immigration must be based on actual workforce needs in various sectors and various Member States; it stresses that it is for Member States to determine the number of migrant workers admitted;

2.8 notes that the degree of mobility within the European Union has not been very high and that attention must be paid to increasing mobility within the Union in certain contexts and to improving free movement of the Union's citizens and their family members.

d) Combating organised crime and terrorism, and EU anti-drugs strategy

2.9 considers that the criminal justice part of the programme should give priority to serious crime which has cross-border implications, and that the fight against minor and local crime should be left to Member States' national legislation, thus recognising that crime prevention policies remain an area in which the EU can contribute effectively to bringing genuine ‘European added value’ to national, regional or local measures. Mutual recognition of judicial decisions should be given priority over harmonisation of the criminal justice system;

2.10 recalls that, although the key objective in combating terrorism is to ensure the security of citizens, this should not lead in practice to a violation of fundamental rights and, in this context, calls on the European Commission to present a proposal on the protection of personal data in the framework of the fight against terrorism;

2.11 considers that the fight against drugs should continue to be waged on many fronts, by trying to reduce both demand and supply;

2.12 repeats its suggestion that the European Commission should set up a support strategy within existing programmes and if necessary within new ones, to complement social, urban planning and education and training policy initiatives and enhance public participation and a sense of community;

2.13 also repeats its call for a European Observatory for urban safety to be set up as a lightweight structure providing a European instrument for collecting, organising and processing data on the victims of crime and perceptions of insecurity, promoting and coordinating research, and designing policies. These measures would be used not just in areas of European Union competence, but also for building regional and local partnerships;

2.14 supports the European Commission's proposal that the scope of the new European Neighbourhood and Partnership Instrument should include strengthening cooperation on justice and home affairs, including matters of asylum and migration flows, as well as repression and prevention of terrorism and organised crime.

e) Judicial cooperation

2.15 calls for the representatives of regional and local authorities to be closely involved in planning and implementing measures when legislation adopted to set up the area of freedom, security and justice is put into effect at national level;

2.16 recommends that particular attention be paid to promoting the principle of mutual recognition in the context of judicial cooperation, and that opportunities be improved for citizens and authorities to obtain information about other countries' judicial systems and bodies.

f) Border controls

2.17 considers it useful, when duly motivated and on a legitimate case-by-case basis, to set up specific arrangements to preserve traditional cross-border relations at the external borders of the European Union without constituting a threat to security for citizens and guaranteeing the protection of EU land borders with neighbouring countries as well as borders between two Member States that have not yet abolished checks on persons at their common border.

g) Funding of measures

2.18 urges the European Commission as soon as possible to provide for the funding instruments required to implement the area of freedom, security and justice, for example by ensuring that the funding requirements of local and regional authorities are taken into account when drawing up the rules on the funding instruments;

2.19 recommends that the funding programmes should include adequate support for measures of local and regional authorities to integrate immigrants, and notes that the conditions for using funding should not be made too restrictive. In particular, restrictions imposed on the basis of the grounds for immigration are not effective in practice from the point of view of integration;

2.20 recommends that the programmes provide the possibility for officials to be exchanged between the Member States' local and regional authorities, as this would be the best way to promote the use of good practice;

2.21 notes that local and regional authorities should be able to take part in the work of the bodies responsible for managing the funding programmes;

2.22 emphasises that the funding programmes and Structural Fund support for implementing the area of freedom, security and justice must be compatible and complementary, and that meeting this objective requires that the various European Commission DGs concerned work together closely in preparing the funding programmes;

2.23 calls on the European Commission to draw up a comprehensive communication strategy on the funding options for the area of freedom, security and justice, so that those responsible for implementing measures have ready access to information about different sources of funding.

Brussels, 14 April 2005. The President of the Committee of the Regions Peter STRAUB

(1) OJ C 73 of 23.3.2004, p. 41

(2) OJ C 43 of 18.2.2005, p. 10