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
Date: 2005-04-14
Institutions: European Committee of the Regions
Subjects: EU migration policy, area of freedom, security and justice, fight against crime, judicial cooperation in criminal matters in the EU, public safety

20.9.2005

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 Parlia-
ment — 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 Communica-
tion 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 Euro-
pean 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 Commis-
sion for Constitutional Affairs and European Governance (rapporteur: Risto Koivisto, President of Tampere
Regional Council, Mayor of Pirkkala (FI/PES));

1)

2)

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

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,

notes that in many of the Member States regional and
1.2
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;

a) General points

considers the Hague Programme to be well-balanced and
1.1
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) OJ C 73 of 23.3.2004, p. 41
(2) OJ C 43 of 18.2.2005, p. 10

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;

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Official Journal of the European Union

20.9.2005

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;

1.12
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;

1.5
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 poli-
cing and other control measures;

notes that controlling illegal

1.13
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;

1.6
points out that the programme drawn up for estab-
lishing 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

important

the statement

in the Hague
1.8
regards as
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;

intends to endorse the setting-up of a European Funda-
1.9
mental 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.

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;

welcomes the decision of the European Council

1.16
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 authori-
ties;

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

c) Asylum and migration policy

e) Judicial cooperation

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;

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

notes that progress in the sphere of migration policy
1.11
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;

1.20
mented at local and regional level.

notes that most European Union legislation is imple-

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f) Border controls

1.21

supports the establishment of a European Return Fund;

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 citi-
zenship, since developing Union citizenship must continue to
be a key principle underlying Union action.

welcomes

1.22
in the Hague
Programme aimed at improving the effectiveness of external
border controls;

the approaches

set out

notes that freedom,

1.23
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

c) Asylum and migration policy

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

the integration of

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

points out

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

the Action Plan for

that

1.26
is pleased that in its Communication on policy challenges
and budgetary means of the enlarged Union 2007-1013 the Euro-
pean 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.

important

considers it

2.7
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 coun-
tries. 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.

2. Recommendations of the Committee of the Regions

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

strategy

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 autho-
rities in realising the area of freedom, security and justice.

b) Fundamental rights and citizenship

the

that

criminal

considers

justice part of

2.9
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
should be given
priority over harmonisation of the criminal justice system;

judicial decisions

recognition of

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;

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

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

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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 autho-
rities 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;

recommends

2.16
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

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;

recommends that

the funding programmes should
2.19
include adequate support for measures of local and regional
authorities to integrate immigrants, and notes that the condi-
tions 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 possibi-
lity 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;

for implementing the area of

emphasises that the funding programmes and Struc-
2.22
tural Fund support
freedom,
security and justice must be compatible and complementary,
and that meeting this objective requires that the various Euro-
pean Commission DGs concerned work together closely in
preparing the funding programmes;

2.17
considers it useful, when duly motivated and on a legit-
imate case-by-case basis, to set up specific arrangements to
preserve traditional cross-border
the external
borders of the European Union without constituting a threat to
security for citizens and guaranteeing the protection of EU land

relations at

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