Opinion of the European Economic and Social Committee —  Proposal for a Decision of the European Parliament and of the Council establishing for the period 2007-2013 the specific programme  Civil justice  as part of the General programme  Fundamental Rights and Justice
Date: 2006-01-19
Institutions: European Economic and Social Committee
Subjects: access to the courts, action programme, civil law, judicial cooperation in criminal matters in the EU

21.3.2006

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Official Journal of the European Union

C 69/1

II

(Preparatory Acts)

EUROPEAN ECONOMIC AND SOCIAL COMMITTEE

423rd PLENARY SESSION, HELD ON 18 AND 19 JANUARY 2006

Opinion of the European Economic and Social Committee on the

‘Proposal for a Decision of the European Parliament and of the Council establishing for the period
2007-2013 the specific programme “Fight against violence (Daphne) and drugs prevention and
information” as part of the General programme “Fundamental Rights and Justice”’

‘Proposal for a Council Decision establishing for the period 2007-2013 the specific programme
“Fundamental rights and citizenship” as part of the General programme “Fundamental Rights and
Justice”’

‘Proposal for a Decision of the European Parliament and of the Council establishing for the period
2007-2013 the specific programme “Civil justice” as part of the General programme “Fundamental
Rights and Justice”’

(COM(2005) 122 final — 2005/0037 (COD) — 2005/0038 (CNS) — 2005/0040 (COD))

(2006/C 69/01)

On 19 July 2005 the Council decided to consult the European Economic and Social Committee, under
Article 262 of the Treaty establishing the European Community, on the abovementioned proposals.

The Section for Employment, Social Affairs and Citizenship, which was responsible for preparing the
Committee's work on the subject, adopted its opinion on 8 December 2005. The rapporteur was Ms King.

At its 423rd plenary session, held on 18 and 19 January 2006 (meeting of 19 January 2006), the European
Economic and Social Committee adopted the following opinion by 122 votes to 2 with 2 abstentions.

1. Background

1.1
The Council and Commission have adopted a 5-year
Action Plan implementing The Hague Programme on strength-
ening the area of freedom, security and justice.

1.2
The EESC is currently drafting its opinion on the
Communication from the Commission to the Council and the Euro-
pean Parliament: The Hague Programme: Ten priorities for the next
five years — The Partnership for European renewal in the field of
Freedom, Security and Justice (1). The opinion states that
the
Hague Programme ‘has the difficult
task of consolidating and
promoting the creation of a common area of Freedom, Security and
Justice’. This opinion stresses the importance of achieving a ‘fair
balance between the three dimensions of freedom, security and justice

(1) EESC Opinion on the Communication from the Commission to the
Council and the European Parliament: The Hague Programme: Ten
priorities for the next five years — The Partnership for European
renewal in the field of Freedom, Security and Justice (COM(2005)
184 final – Rapporteur: Mr Pariza) (OJ C 28, 3.2.2006).

liberties) and democratic principles (rule of

... so as not to encroach on the fundamental values (human rights
law) shared
and civil
this
throughout
balance has not been achieved as there is a disproportionate
amount of legislation focussed on Security.

the Union.’ The Committee concluded that

The financial

1.3
for the period 2007-2013,
underpinning The Hague Programme consists of the following:

framework,

1.3.1

Solidarity and Management of Migration Flows (2)

1.3.2

Security and Safeguarding Liberties (3)

1.3.3

Fundamental Rights and Justice (4)

(2) OJ C 294, 25.11.2005 (Rapporteur: Ms Le Nouail-Marlière).
(3) OJ C 294, 25.11.2005 (Rapporteur: Mr Cabra de Luna).
(4) OJ C 294, 25.11.2005 (Rapporteur: Ms King).

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1.4
The EESC believes that the imbalance between the three
dimensions of freedom, security and justice is also reflected in
the financial perspectives as Security accounts for most of the
budget.

1.5
The 5-year Action Plan is closely linked to other plans
and proposals in the field of freedom, security and justice, such
as the recent EU Drugs Action Plan.

1.6
The EESC plans to respond to The Hague Programme
and the three framework programmes as a package in an
attempt to influence the final content of the programme.

1.7
The emphasis is on improved intergovernmental coop-
eration between Member States, and between the latter and the
competent agencies and services of the Union involved with
internal security. The Commission has the task of monitoring
the effectiveness of the various plans, programmes and propo-
sals. This is consistent with the principles of subsidiarity as set
out in Article 5 of the EC Treaty.

2. General Comments

2.1
The EESC notes the Commission's proposal to establish
a Framework programme on ‘Fundamental Rights and Justice’
is part of a coherent set of proposals which aim to provide an
adequate support to the Hague Programme under the financial
perspectives 2007.

2.2
The EESC also notes the Commission's focus on simpli-
fying and rationalising existing financial support in the area of
freedom,
justice and security, with the aim of allowing for
greater flexibility in the allocation of priorities and increasing
overall transparency.

2.3
The EESC believes it is important that there is consis-
tency across Member States when it comes to the principles of
democracy, respect for fundamental rights and freedoms, and
the rule of
law. This is especially important as the EU
progresses with enlargement as it negotiates with candidate
countries.

2.4
The EESC however is concerned that the Commission's
proposal is being presented during a period of great uncertainty
in the EU. Given that the Constitutional Treaty is to underpin
the Hague Programme, there must be consequences arising
from the current situation which will need to be addressed.

2.5
four
In addition the general programme consists of
specific programmes. It is debatable whether any one directo-
rate in the Commission has an overview of all aspects of this
particular policy area. The EESC therefore questions whether all
the appropriate monitoring, control and evaluation systems are
in place to assess the programme effectively.

Security and Justice) has been reduced by EUR 524 million
from EUR 7 154 million to EUR 6 630 million. The EESC
believes that this places uncertainty over the Commission's
stated budget of EUR 543 million over this period for the
‘Fundamental Rights and Justice’ programme and on the distri-
bution of
framework
between
programmes that has yet to be finalised. The EESC is therefore
uncertain on the final impact on the specific programmes and
activities within the overall programme.

budget

three

the

the

The EESC is not convinced that

2.7
the Commission's
proposal has been sufficiently designed to respect the principles
of subsidiarity as set out in Article 5 of the EC Treaty as there
does not appear to be sufficient recognition of the areas that
are best addressed at the national, regional and/or local level, in
cooperation with the relevant social partners.

The EESC strongly recommends that this proposal

2.8
is
placed on hold until the legal and financial bases are clarified.
In the interim the Committee suggests a continuation of the
current programme approach to the field of freedom, security
and justice until the current situation has been resolved.

3. Specific Comments on Financials and the Programmes

3.1 Financial Resources

In the text of the Commission proposal there is a lack of
consistency with regard to the financials, as illustrated in the
table below. The Commission has explained that the figures are
correct but have been presented differently. The Committee
notes that there is no explanation of this difference in the text.
There is however an error on page 38 of the English language
text. The EESC believes that there should be consistency and
clarity when presenting the financials. These inconsistencies
need to be rectified, as accuracy and consistency are as impor-
tant as simplification and transparency, which are the stated
goals of the Commission in its proposal.

Financial Resources
2007-2013

Page 9

Pages 18/
28

Page 38

Page 55

Pages 72/
80

Overall

543

5 439

Fundamental Rights
and Citizenship

93.8

96.5

Civil Justice

106.5

109.3

Criminal Justice

196.2

199

Fight
violence

against

135.4

138.2

2.6
The Financial Perspectives for the period 2007-2013 has
been agreed but the overall budget (Heading 3A — Freedom,

Administration

11.1

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3.2 General Programme on Fundamental Rights and Justice

framework of the Drug Strategy (2005-2012). This meeting
reflected the focus on the Drugs Action Plan and Fight against
Terrorism.

3.2.1
The EESC is pleased the Commission acknowledges
the tension between guaranteeing the core rights of the indivi-
dual and the core responsibilities of the Member States within
the Union in the area of freedom, security and justice as the
debate around these issues is being held at every level from the
individual citizen to EU bureaucrat.

In terms of Fundamental Rights the Commission refers
3.2.2
to more concerted action against racism, xenophobia and anti-
semitism and suggests greater support to interfaith and multi-
cultural forms of dialogue to fight them.

3.2.3
The EESC commends the Commission on this state-
ment but feels it does not sufficiently reflect the contemporary
context of the EU. The International Helsinki Federation for
Human Rights (IHF) released a report in March 2005 which
stated that Muslims in Europe have faced increased discrimina-
tion since the September 11 attacks. To quote its Executive
Director Aaron Rhodes,
‘In the aftermath of September 11,
Muslim minorities in the EU have experienced growing distrust
and hostility. As the fight against terrorism has been stepped
up and the perceived threat of religious extremism has become
a major focus of public debate, pre-existing patterns of preju-
dice and discrimination have been reinforced and Muslims have
increasingly felt
their
beliefs’ (5).

they are stigmatized because of

that

3.2.4
The EESC therefore recommends that islamophobia be
added to reinforce the need to address this particular form of
racism where culture intersects with religion.

3.2.5
The EESC notes that Combating Violence is the only
area that does not have an agency to share synergies with. The
EESC therefore recommends the Commission investigates what
system should be put
in place to ensure that Combating
Violence, in all its forms, is not overlooked as a priority.

3.2.6
The EESC also believes that it is a major oversight that
the programme on Fundamental Rights and Justice will not be
coordinated with the new European Institute for Gender
Equality. The Committee therefore recommends that a specific
objective should be included to reflect that this will be the case
when the Institute opens in 2007.

3.3.2
The EESC welcomes this focus but feels there is a risk
that violence against children, women and young persons and
trafficking for sexual exploitation will be downgraded as this is
combined with the fight against drug use and trafficking, espe-
cially as the overall budget and allocation of
the budget
between the programmes has not yet been ratified.

3.3.3
The EESC recommends that a separate objective and
budget line be developed for combating violence. This should
ensure the appropriate allocation of priorities and will increase
transparency.

The Committee welcomes the recognition that

3.3.4
the
fight against violence isn't just a public health problem but is a
recognised part of the protection of fundamental rights as set
out in the Charter of Fundamental Rights.

The EESC recommends that it is made clear within the
3.3.5
specific objective for the overall programme that
the fight
against violence in all its forms explicitly includes Trafficking of
Human Beings
important
because combating trafficking has a cross-border dimension
and therefore an EU Strategy and Action Plan in this area is
necessary and appropriate.

sexual exploitation. This

for

is

3.3.6
The definition of target groups (Article 6) with regards
to combating violence needs to be more specific especially
when making the argument for EU added value, otherwise
there is a risk of contravening the principles of subsidiarity.

The EESC believes that it is important that border
3.3.7
control officials are included as a target group, as they are
important in the fight to disrupt the distribution channels used
to smuggle in people and drugs.

3.3 Fight against Violence and drugs prevention and information

3.3.1
cally welcomed the Drugs Action Plan (2005-2008)

The European Council meeting in June 2005 specifi-
in the

(5) The IHF report, Intolerance and Discrimination against Muslims
in the EU – Developments since September 11 covers develop-
ments in eleven EU member states: Austria, Belgium, Denmark,
France, Germany, Greece, Italy, the Netherlands, Spain, Sweden and
the United Kingdom.

to the NGOs

3.3.8
The EESC is unhappy that the combating violence
against women, young people and children, appears to be left
supported through the Daphne
largely
programme. The Committee feels that there should be clearer
ownership by the Member States of these issues with all their
legislative and budgetary resources, without this impacting on
the resources of NGOs. Cooperation between NGOs, EU and
Member State authorities continues to be vital to see the eradi-
cation of sexual exploitation and sexual abuse. The EESC would
like to see Member States and NGO agencies working together
to raise public awareness and exchange best practice.

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3.4 Fundamental Rights and Citizenship

The EESC welcomes the ambition of

3.4.1
‘promoting a
fundamental rights culture among all the peoples of Europe’,
which is aimed at supporting the Charter of Fundamental
Rights and informing all citizens about their rights, including
those arising from European Union citizenship.

The EESC welcomes the recognition of the special role
3.4.2
for civil society players in connection with fundamental rights
and their promotion. It also sees the promotion of civil society
in the new EU Member States as a priority. Against this back-
ground, the EESC reaffirms its readiness to play an active part
in this field.

3.5 Specific Programmes — Criminal Justice and Civil Justice

the fight against

3.5.1
The EESC supports and encourages judicial coopera-
tion in areas that EU Member States have agreed priorities, for
example,
therefore urges the
Commission to continue its solidarity and harmonisation drive
with a view to the establishment of a European area of justice,
notwithstanding the degree of incompatibility between Member
States' legal systems.

terrorism.

It

3.5.2
Although for example in civil matters, understandings
and delimitations of concepts such as negligence, as well as
both duty and breach of care, good faith, contractual fault or

Brussels, 19 January 2006.

responsibility vary across Member States, this should not be
viewed as a reason for not continuing steps to approximate
legislations, on condition that such approximation is compa-
tible with the principles of solidarity and proportionality. The
Commission has been accomplishing this very successfully, and
the Committee has always expressly supported it.

3.5.3
Also the role of Member States' respective judiciaries
can be quite different as some operate under a federal frame-
work with a codified constitution whereas others do not. The
EESC encourages the Commission to continue its efforts to
strengthen existing civil law mechanisms and create new ones,
for both crossborder and
with a view to harmonisation,
domestic disputes.

3.5.4
Although the above matters are problematic this does
not stop the criminal justice agencies in Member States from
the imperative to cooperate very closely in the struggle to
combat serious crime such as drug trafficking, the trafficking of
human beings for sexual exploitation, and the trafficking of
human beings for labour exploitation.

There

are many good examples of

cooperative
3.5.5
working currently taking place between investigators, prosecu-
tors and members of
the judiciary. The EESC encourages
resources being placed with these agencies to further this joint
work.

The President

of the European Economic and Social Committee

Anne-Marie SIGMUND