natgillin/translations-raw huggingface dataset:
The rapporteur fully endorses the main lines of the Commission proposal and the broad agreement reached within the Council, particularly as regards consolidating the network as such and not – at least for the meantime – setting up a further European monitoring centre or agency.
The rapporteur fully endorses the main lines of the Commission proposal and the broad agreement reached within the Council, particularly as regards consolidating the network as such and not – at least for the meantime – setting up a further European monitoring centre or agency.
This will avoid unnecessary red tape.
This will avoid unnecessary red tape.
The collection of data, information and analyses can be performed efficiently by a network which handles common, EU-related aspects of the work of competent or interested national and international bodies.
The collection of data, information and analyses can be performed efficiently by a network which handles common, EU-related aspects of the work of competent or interested national and international bodies.
The Council has made an extremely swift response to the Commission proposal, reaching substantive agreement on the proposal and making only a few amendments to certain points.
The Council has made an extremely swift response to the Commission proposal, reaching substantive agreement on the proposal and making only a few amendments to certain points.
Parliament's opinion is not, however, a mere formality, and the rapporteur therefore calls on the Council to take proper account of it with a view to the final adoption of the proposal for a decision.
Parliament's opinion is not, however, a mere formality, and the rapporteur therefore calls on the Council to take proper account of it with a view to the final adoption of the proposal for a decision.
The rapporteur has tabled amendments that take over Council proposals, with a view to facilitating agreement between the institutions.
The rapporteur has tabled amendments that take over Council proposals, with a view to facilitating agreement between the institutions.
This report drawn up on behalf of Parliament seeks in particular to:
This report drawn up on behalf of Parliament seeks in particular to:
- change the network's name from 'European Migration Network (EMN)' to 'European Migration and Asylum Network (EMAN)' .
- change the network's name from 'European Migration Network (EMN)' to 'European Migration and Asylum Network (EMAN)' .
This proposal stems from the simple fact that the network deals with both asylum and migration matters; it is therefore appropriate and logical for this to be reflected in its name and acronym;
This proposal stems from the simple fact that the network deals with both asylum and migration matters; it is therefore appropriate and logical for this to be reflected in its name and acronym;
- broaden the network's remit to cover the production of studies, analyses and assessments concerning the application and implementation of directives, the drafting of legal analyses and the drawing up of conclusions and recommendations, inter alia at the request of Parliament and the other institutions, so as to ensure that its work is of practical use to those involved in decision-making processes;
- broaden the network's remit to cover the production of studies, analyses and assessments concerning the application and implementation of directives, the drafting of legal analyses and the drawing up of conclusions and recommendations, inter alia at the request of Parliament and the other institutions, so as to ensure that its work is of practical use to those involved in decision-making processes;
- ensure that the EMAN is able to perform its task of collecting and exchanging immigration and asylum data that are comparable at European level , by making it clear that the aim is to lay down common criteria and indicators at European level;
- ensure that the EMAN is able to perform its task of collecting and exchanging immigration and asylum data that are comparable at European level , by making it clear that the aim is to lay down common criteria and indicators at European level;
- ensure that the EMN is able to work in close cooperation with other migration and asylum organisations and stakeholders – primarily with government departments, but also with NGOs, universities, research centres, experts, international organisations and non-Community states – so as to draw its data from a wide range of sources and have a multidisciplinary approach;
- ensure that the EMN is able to work in close cooperation with other migration and asylum organisations and stakeholders – primarily with government departments, but also with NGOs, universities, research centres, experts, international organisations and non-Community states – so as to draw its data from a wide range of sources and have a multidisciplinary approach;
- ensure that the EMAN makes an effort to communicate and disseminate information on its work, in order to raise the profile of the network and its work.
- ensure that the EMAN makes an effort to communicate and disseminate information on its work, in order to raise the profile of the network and its work.
To this end it should, in particular, use the Internet to publish and disseminate data and analyses, in compliance with Regulation 049/2001 on access to documents;
To this end it should, in particular, use the Internet to publish and disseminate data and analyses, in compliance with Regulation 049/2001 on access to documents;
- reject the Council's proposed amendment of Article 4 of the proposal for a decision (on the composition and remit of the EMAN Steering Board ), which would leave the EP as a mere observer with no voting rights, while the Commission – with the rapporteur's full support – is proposing that the EP should have a representative with voting rights;
- reject the Council's proposed amendment of Article 4 of the proposal for a decision (on the composition and remit of the EMAN Steering Board ), which would leave the EP as a mere observer with no voting rights, while the Commission – with the rapporteur's full support – is proposing that the EP should have a representative with voting rights;
- prevent the EMAN's work from overlapping with that of other European bodies ; the EMAN should instead cooperate with those bodies and base its activities on the work that has already been carried out, in a spirit of full and unfettered cooperation.
- prevent the EMAN's work from overlapping with that of other European bodies ; the EMAN should instead cooperate with those bodies and base its activities on the work that has already been carried out, in a spirit of full and unfettered cooperation.
To wind up, the rapporteur recommends that Parliament adopt the Commission proposal subject to the amendments tabled, so as to enable the network to be established as early as possible in 2009.
To wind up, the rapporteur recommends that Parliament adopt the Commission proposal subject to the amendments tabled, so as to enable the network to be established as early as possible in 2009.
OPINION OF THE COMMITTEE ON LEGAL AFFAIRS ON THE PROPOSED LEGAL BASIS
OPINION OF THE COMMITTEE ON LEGAL AFFAIRS ON THE PROPOSED LEGAL BASIS
Mr Gérard Deprez
Mr Gérard Deprez
Committee on Civil Liberties, Justice and Home Affairs
Committee on Civil Liberties, Justice and Home Affairs
Subject: Opinion on the legal basis of the Proposal for a Council Decision establishing a European Migration Network ( COM(2007)0466 – C6‑0303/2007 – 2007/0167(CNS) )
Subject: Opinion on the legal basis of the Proposal for a Council Decision establishing a European Migration Network ( COM(2007)0466 – C6‑0303/2007 – 2007/0167(CNS) )
By letter of 6 February 2008 you asked the Committee on Legal Affairs pursuant to Rule 35(2), to consider whether the legal basis of the above Commission proposal was valid and appropriate.
By letter of 6 February 2008 you asked the Committee on Legal Affairs pursuant to Rule 35(2), to consider whether the legal basis of the above Commission proposal was valid and appropriate.
The committee considered the above question at its meeting of 26 February 2008.
The committee considered the above question at its meeting of 26 February 2008.
The legal basis proposed by the Commission is Article 66 of the EC Treaty.
The legal basis proposed by the Commission is Article 66 of the EC Treaty.
The Civil Liberties Committee considers that the legal basis ought to be amended to Articles 62 and 63 of the EC Treaty.
The Civil Liberties Committee considers that the legal basis ought to be amended to Articles 62 and 63 of the EC Treaty.
This change in the legal basis would give Parliament the benefit of the co-decision procedure rather than mere consultation.
This change in the legal basis would give Parliament the benefit of the co-decision procedure rather than mere consultation.
Article 62
Article 62
The Council, acting in accordance with the procedure referred to in Article 67, shall, within a period of five years after the entry into force of the Treaty of Amsterdam, adopt:
The Council, acting in accordance with the procedure referred to in Article 67, shall, within a period of five years after the entry into force of the Treaty of Amsterdam , adopt:
1. measures with a view to ensuring, in compliance with Article 14, the absence of any controls on persons, be they citizens of the Union or nationals of third countries, when crossing internal borders;
1. measures with a view to ensuring, in compliance with Article 14, the absence of any controls on persons, be they citizens of the Union or nationals of third countries, when crossing internal borders;
2. measures on the crossing of the external borders of the Member States which shall establish:
2. measures on the crossing of the external borders of the Member States which shall establish:
(a) standards and procedures to be followed by Member States in carrying out checks on persons at such borders;
(a) standards and procedures to be followed by Member States in carrying out checks on persons at such borders;
(b) rules on visas for intended stays of no more than three months, including:
(b) rules on visas for intended stays of no more than three months, including:
(i) the list of third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement;
(i) the list of third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement;
(ii) the procedures and conditions for issuing visas by Member States;
(ii) the procedures and conditions for issuing visas by Member States;
(iii) a uniform format for visas;
(iii) a uniform format for visas;
(iv) rules on a uniform visa;
(iv) rules on a uniform visa;
3. measures setting out the conditions under which nationals of third countries shall have the freedom to travel within the territory of the Member States during a period of no more than three months.
3. measures setting out the conditions under which nationals of third countries shall have the freedom to travel within the territory of the Member States during a period of no more than three months.
Article 63
Article 63
1. measures on asylum, in accordance with the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees and other relevant treaties, within the following areas:
1. measures on asylum, in accordance with the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees and other relevant treaties, within the following areas:
(a) criteria and mechanisms for determining which Member State is responsible for considering an application for asylum submitted by a national of a third country in one of the Member States,
(a) criteria and mechanisms for determining which Member State is responsible for considering an application for asylum submitted by a national of a third country in one of the Member States,
(b) minimum standards on the reception of asylum seekers in Member States,
(b) minimum standards on the reception of asylum seekers in Member States,
(c) minimum standards with respect to the qualification of nationals of third countries as refugees,
(c) minimum standards with respect to the qualification of nationals of third countries as refugees,
(d) minimum standards on procedures in Member States for granting or withdrawing refugee status;
(d) minimum standards on procedures in Member States for granting or withdrawing refugee status;
2. measures on refugees and displaced persons within the following areas:
2. measures on refugees and displaced persons within the following areas:
(a) minimum standards for giving temporary protection to displaced persons from third countries who cannot return to their country of origin and for persons who otherwise need international protection,
(a) minimum standards for giving temporary protection to displaced persons from third countries who cannot return to their country of origin and for persons who otherwise need international protection,
(b) promoting a balance of effort between Member States in receiving and bearing the consequences of receiving refugees and displaced persons;
(b) promoting a balance of effort between Member States in receiving and bearing the consequences of receiving refugees and displaced persons;
3. measures on immigration policy within the following areas:
3. measures on immigration policy within the following areas:
(a) conditions of entry and residence, and standards on procedures for the issue by Member States of long-term visas and residence permits, including those for the purpose of family reunion,
(a) conditions of entry and residence, and standards on procedures for the issue by Member States of long-term visas and residence permits, including those for the purpose of family reunion,
(b) illegal immigration and illegal residence, including repatriation of illegal residents;
(b) illegal immigration and illegal residence, including repatriation of illegal residents;
4. measures defining the rights and conditions under which nationals of third countries who are legally resident in a Member State may reside in other Member States.
4. measures defining the rights and conditions under which nationals of third countries who are legally resident in a Member State may reside in other Member States.
Measures adopted by the Council pursuant to points 3 and 4 shall not prevent any Member State from maintaining or introducing in the areas concerned national provisions which are compatible with this Treaty and with international agreements.
Measures adopted by the Council pursuant to points 3 and 4 shall not prevent any Member State from maintaining or introducing in the areas concerned national provisions which are compatible with this Treaty and with international agreements.
Measures to be adopted pursuant to points 2(b), 3(a) and 4 shall not be subject to the five-year period referred to above.
Measures to be adopted pursuant to points 2(b), 3(a) and 4 shall not be subject to the five-year period referred to above.
Article 66
Article 66
The Council, acting in accordance with the procedure referred to in Article 67, shall take measures to ensure cooperation between the relevant departments of the administrations of the Member States in the areas covered by this title, as well as between those departments and the Commission.
The Council, acting in accordance with the procedure referred to in Article 67, shall take measures to ensure cooperation between the relevant departments of the administrations of the Member States in the areas covered by this title, as well as between those departments and the Commission.
Article 67
Article 67
- the Council, acting unanimously after consulting the European Parliament, shall take a decision with a view to providing for all or parts of the areas covered by this title to be governed by the procedure referred to in Article 251 and adapting the provisions relating to the powers of the Court of Justice.
- the Council, acting unanimously after consulting the European Parliament, shall take a decision with a view to providing for all or parts of the areas covered by this title to be governed by the procedure referred to in Article 251 and adapting the provisions relating to the powers of the Court of Justice.
By derogation from paragraphs 1 and 2, measures referred to in Article 62(2)(b) (i) and (iii) shall, from the entry into force of the Treaty of Amsterdam, be adopted by the Council acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament.
By derogation from paragraphs 1 and 2, measures referred to in Article 62(2)(b) (i) and (iii) shall, from the entry into force of the Treaty of Amsterdam, be adopted by the Council acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament.
By derogation from paragraph 2, measures referred to in Article 62(2)(b) (ii) and (iv) shall, after a period of five years following the entry into force of the Treaty of Amsterdam, be adopted by the Council acting in accordance with the procedure referred to in Article 251.
By derogation from paragraph 2, measures referred to in Article 62(2)(b) (ii) and (iv) shall, after a period of five years following the entry into force of the Treaty of Amsterdam, be adopted by the Council acting in accordance with the procedure referred to in Article 251.
By derogation from paragraph 1, the Council shall adopt, in accordance with the procedure referred to in Article 251:
By derogation from paragraph 1, the Council shall adopt, in accordance with the procedure referred to in Article 251:
- the measures provided for in Article 63(1) and (2)(a) provided that the Council has previously adopted, in accordance with paragraph 1 of this article, Community legislation defining the common rules and basic principles governing these issues,
- the measures provided for in Article 63(1) and (2)(a) provided that the Council has previously adopted, in accordance with paragraph 1 of this article, Community legislation defining the common rules and basic principles governing these issues,
- the measures provided for in Article 65 with the exception of aspects relating to family law.
- the measures provided for in Article 65 with the exception of aspects relating to family law.
Article 67 EC lays down the procedure governing the adoption of measures provided for in Articles 62-66.
Article 67 EC lays down the procedure governing the adoption of measures provided for in Articles 62-66.
The provision is complex with a number of qualifications and exceptions.
The provision is complex with a number of qualifications and exceptions.
For present purposes it is sufficient to note that pursuant to Article 67, paragraph 2, second indent, the Council Decision of 2004 extended the co-decision procedure to cover most measures provided for in Title IV of the EC Treaty, except for those relating to legal migration, family law and some asylum issues
For present purposes it is sufficient to note that pursuant to Article 67, paragraph 2, second indent, the Council Decision of 2004 extended the co-decision procedure to cover most measures provided for in Title IV of the EC Treaty, except for those relating to legal migration, family law and some asylum issues
"Article 1
"Article 1
As from 1 January 2005 the Council shall act in accordance with the procedure laid down in Article 251 of the Treaty when adopting measures referred to in Article 62(1), (2)(a) and (3) of the Treaty.
As from 1 January 2005 the Council shall act in accordance with the procedure laid down in Article 251 of the Treaty when adopting measures referred to in Article 62(1), (2)(a) and (3) of the Treaty.
As from 1 January 2005 the Council shall act in accordance with the procedure laid down in Article 251 of the Treaty when adopting measures referred to in Article 63(2)(b) and (3)(b) of the Treaty." .
As from 1 January 2005 the Council shall act in accordance with the procedure laid down in Article 251 of the Treaty when adopting measures referred to in Article 63(2)(b) and (3)(b) of the Treaty." .
It is observed, in limine , that it is settled case-law of the Court of Justice
It is observed, in limine , that it is settled case-law of the Court of Justice
62. that the choice of the legal basis for a Community act is to be determined solely by reference to objective criteria that are amenable to judicial review, and in particular the aim and content of the act being proposed.
62. that the choice of the legal basis for a Community act is to be determined solely by reference to objective criteria that are amenable to judicial review, and in particular the aim and content of the act being proposed.
The content of the proposal under consideration consists of fifteen recitals and fifteen articles.
The content of the proposal under consideration consists of fifteen recitals and fifteen articles.
According to Article 1, the Proposal deals with the establishment of an European Migration Network whose objective is "to meet the information needs of Community institutions, Member States' authorities and institutions, and the general public on migration and asylum, by providing up-to-date, objective, reliable and comparable information on migration and asylum, with a view to supporting policy- and decision-making in the European Union in these areas".
According to Article 1, the Proposal deals with the establishment of an European Migration Network whose objective is "to meet the information needs of Community institutions, Member States' authorities and institutions, and the general public on migration and asylum, by providing up-to-date, objective, reliable and comparable information on migration and asylum, with a view to supporting policy- and decision-making in the European Union in these areas".
In fact, the aim is to formalise and define better, through the adoption of an appropriate legal instrument, a network structure which is already in existence
In fact, the aim is to formalise and define better, through the adoption of an appropriate legal instrument, a network structure which is already in existence
Thessaloniki European Council of June 2003.
Thessaloniki European Council of June 2003.
See Council document 11638/03. .
See Council document 11638/03. .
Rules are laid down on coordination, meetings, an information exchange system, reports and studies, cooperation with other entities and the budget.
Rules are laid down on coordination, meetings, an information exchange system, reports and studies, cooperation with other entities and the budget.
Article 2 describes the activities that the EMN is to perform in order to provide up-to-date, objective, reliable and comparable information about migration and asylum issues.
Article 2 describes the activities that the EMN is to perform in order to provide up-to-date, objective, reliable and comparable information about migration and asylum issues.
Specifically what the EMN is required to do is to collect and exchange data, undertake analyses, develop methods of analysis, publish periodic reports, establish an internet-based information exchange system, coordinate information and cooperate with other European and international bodies.
Specifically what the EMN is required to do is to collect and exchange data, undertake analyses, develop methods of analysis, publish periodic reports, establish an internet-based information exchange system, coordinate information and cooperate with other European and international bodies.
In order to evaluate what the appropriate legal basis might be, it is necessary to analyse briefly the pertinent provisions of EC Treaty.
In order to evaluate what the appropriate legal basis might be, it is necessary to analyse briefly the pertinent provisions of EC Treaty.