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EU NATIONS and Roma Repatriation

EU NATIONS and Roma Repatriation. OVERVIEW. The “Roma Problem” – What had happened? Legal aspect The Aftermath Croatia. Roma?. A Traveling people History of persecution . EU nations and Roma. Roma Repatriation 2010. French Program for Roma Roma needed to return

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EU NATIONS and Roma Repatriation

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  1. EU NATIONS and Roma Repatriation

  2. OVERVIEW • The “Roma Problem” – What had happened? • Legal aspect • The Aftermath • Croatia

  3. Roma? • A Traveling people • History of persecution

  4. EU nations and Roma

  5. Roma Repatriation2010 • French Program for Roma • Roma needed to return • Roma agreed to go voluntairly • Voluntairly return was awarded • Airplane ticket • 300€ ($415) • 56% of French population supported the measures

  6. Not the first action of that kind: in 2009 roughly 10 000 were expelled • By the September 2010, 8 000 were repatriated • A leaked memo from the interior ministry to the police • The joke? • Paid vacation?

  7. The reasoning: • MrSarkozy: "sources of illegal trafficking, of profoundly shocking living standards, of exploitation of children for begging, of prostitution and crime“ • Roma integrationinto European society, beginning with their home country

  8. Reaction • Positive (+) • Italy • Germany • Sweden • Denmark

  9. Negative (-) • European Commission • “disgraceful” and in breach of EU law • the situation “Europe would not have to witnessagain after the Second World War” • European Parliament • The Resolution • "rejects any statements which link minorities and immigration with criminality” • deplores “the inflammatory and openly discriminatory rhetoric that has characterized the political discussion on the occasion of the Roma repatriation“

  10. Commissioner of the Human Rights Council ofEurope • Report • UN High Commissioner for HumanRights • “such measures can only exacerbatethe stigmatization of Roma and the extreme poverty and exclusion in which they live.”

  11. The breach of EU law? • France was accused of violating several fundamental rights guaranteed to all citizens ofEU member nations • the right to freedom of movementand residence • the right to freedom against discriminationbased on nationality • The European Commission began an infraction proceeding against France for violating EU laws on freedom of movement

  12. EU LEGISLATIVE FRAMEWORK • 2004 EU Directiveon freedom of movement DIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENTAND OF THE COUNCILon the right of citizens of the Union and their family membersto move and reside freely within the territory of the Member States • procedures for deporting illegally staying migrants • Rome • Maastricht • Lisabon • The EC: the right to free movementis “one of the most important and cherished individual rights of EUcitizens.” • prohibition againstdiscrimination based on nationality • freedom of movement

  13. INTERNATIONAL LAW • 1953 European Convention on Human Rights • barriers to full compliance • 1966 International Covenant on Civil and Political Rights (UN)

  14. CASE LAW • ECJ EU law • The freedom of movement may only be restricted “on grounds of publicpolicy, public security or public health.” • Restrictions must be based exclusively on the personal conduct of the individual concerned • The proportionality principle • INDIRECT RESTRICTIONS • loss of a benefit as a consequence of one’s exercise of theright to freedom of movement monetary award? • ECtHR INTL law • D.H. v. CzechRepublic • Conka v. Belgium • Theright to respect for one’s private and family life and home • the Roma = “vulnerable” group

  15. EU Goals for Immigration Integration • Immigration is a dynamic process of mutual accomodation by immigrants and residents • Respect for the EU’s basic values should be upheld • Employment is key and central to immigrants’ participation in society • Basic knowledge of the host country’s language, history, and customs is essential for integration • Education is critical in order for immigrants and their children to be successful members of society • Equal acces for immigrants to institutions as well as goods and services • EU Charter of Fundamental Rights guarantees the practice of diverse cultures and religions unless they conflict with national law • Participation of immigrants in the democratic process • Integration measures should be part of all relevant policies, levels of government, and public services • Clear goals and evaluation mechanisms are necessary to evaluate progress on integration and adjust policies

  16. The Aftermath

  17. Legisaltion • 2011: The EU framework for national Roma integration strategies • disappointing? • European Commission against Racism and Intolerance (ECRI) - General Policy Recommendation No.13 • guidelines to the Council of Europe’s member countries to fight a rising tide of anti-Gypsyismand discrimination against Roma

  18. September 2012 • France and Romania have signed a deal on the voluntary repatriation of Roma to Romania !!! • http://www.youtube.com/watch?v=fS_dtP2KMI0

  19. CROATIA • Government of the Republic of Croatia - Decade of Roma inclusion 2005-2015 • 2012, 2013 Croatian Decade Presidency Work Plan • EU funds • Settlement Orehovica • 1 000 000 €

  20. THANK YOU!  Iva Ćorić

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