WRITTEN QUESTION E-0865/03

by Roberta Angelilli (UEN) to the Commission

(20 March 2003)

Subject: Nomadic women convicted of criminal activities threatened with expulsion

In January 2003 Oradaria, an organisation in Rome which accommodates and helps nomadic people, submitted a report on the situation of nomadic women in Italy. It revealed cases of women convicted of crimes who are currently in prison together with their children.

In particular it mentioned the case of a nomadic Bosnian woman who has been living in Italy with her young daughter for more than 12 years. When she arrived in 1988 she started to commit crimes in various parts of Italy, in particular theft and robbery, and received a number of convictions. Since 2000 she has been under house arrest with her daughter in a reception centre.

After going through a process of integration into society and employment she has become a useful member of the community and has, in particular, helped her daughter to become integrated in the school she attends.

However, because of her complex history of convictions and proceedings pending, she will probably be expelled.

In view of the above, can the Commission say:

1. whether European legislation on asylum makes provision for cases of this kind;

2. whether there are any action programmes for the benefit of nomadic women with a criminal record?

Answer given by Mr Vitorino on behalf of the Commission

(22 April 2003)

In the field of asylum, there is no Community law in place at present which could make provision for the case of the kind described by the Honourable Member. In particular, the proposal for a Council Directive on minimum standards for the qualification as a refugee or as a person otherwise in need of international protection(1), which might cover such a case depending on the situation, is still under negotiation in the Council.

In the field of immigration, the Commission proposals which might cover this particular case, depending on the circumstances under which the person in question has been allowed to stay and reside in Italy, contain provisions for excluding or expelling persons for public order or security reasons. In particular, third country nationals who have been residing legally and continuously for five years in the territory of a Member State, may thus only be expelled under the conditions outlined in Article 13 of the proposal on the status of third country nationals who are long term residents(2).

The Honourable Member is, however, advised that the Council has not yet adopted the above Directives and that therefore in this case national law applies. Expulsion measures are regularly taken in cases of frequent criminal convictions (cf also Article 3 of Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals(3)), since persistent offenders are not normally considered to be successfully integrated.

There are no specific Union programmes covering the integration of nomadic women with a criminal record. However, the Commission will shortly launch pilot projects in the field of integration of legally resident immigrants. The overall objective is to support networks and transfer of information and good practices between Member States in order to facilitate open dialogue and identify priorities for integration programmes.

(1) OJ C 51 E, 26.2.2002.

(2) OJ C 240 E, 28.8.2001.

(3) OJ L 149, 2.6.2001.