In all probability, the French Presidency will have an even bigger impact on the future of the European Union’s Justice and Home Affairs (JHA) policies than could until recently be foreseen. The reason is the extraordinary time at which Paris is taking over the Union’s helm.

Firstly, France will be in charge of drawing up key principles related to the expected coming into force of the Lisbon Treaty (see Europolitics3407)1. And secondly, Paris will also finalise, on behalf of the EU, the next, post-2010 five-year programme for the JHA area (3503).

Paris has also made its ‘European pact on immigration and asylum’ one of the cornerstones of its Presidency.

Foreseeing the ambitious agenda ahead, France has planned no less than four formal JHA Council meetings during its Presidency (preliminarily scheduled for 24-25 July, 25-26 September, 24 October and 27-28 November) as well as several informal ministerial meetings. France will have an important ally in the European Commission, since Vice-President Jacques Barrot is taking over the justice, liberty and security portfolio from Franco Frattini.

‘BLUE CARD’ PUSHED FORWARD

Apart from the immigration pact, other areas of the French JHA priorities also focus on migration. Paris will support the Commission’s evaluation of the Global Approach to Migration (3333), expected by the end of 2008. It is also aiming to finalise the Community Code on Visas and carry forward the work on the ‘blue card’ scheme, proposed by the Commission in October 2007 (3399). This would harmonise procedures for granting residence and work permits to highly skilled immigrants.

Paris also wants to bring the Union to agreement on the new directive that would criminalise employers of illegal workers, proposed in May 2007 (3309).

France has, with relief, welcomed the Council agreement on the ultra-sensitive Return Directive (see special dossier in Europolitics3531). At the time of writing, it remained to be seen whether the compromise will be supported by the European Parliament (3545). And it is unlikely that France will take up the controversial update of Directive 2003/109 concerning the status of third-country nationals residing legally in the EU, after the member states failed to reach agreement on it in June (3546).

BORDER PACKAGE SET ASIDE

Nor is France expected to work on the border management package, proposed by Frattini in February (3470). The proposals would establish an entry-exit system at EU border points, create a border surveillance system and increase the role of Frontex, the EU’s border management agency. Paris wants to wait for the results of Frontex’ evaluation, expected to be ready in 2009, before actually strengthening the agency’s mandate. Similarly, no steps are expected on the proposal to set up an EU-wide scheme for collecting and sharing airline passenger data (also known as Passenger Name Record, PNR), proposed in November 2007 (3408), which has run into huge opposition from the European Parliament.

An important area of the Presidency’s work will be devoted to structural changes associated with the Lisbon Treaty. France will have to ensure that plans are in place for the creation and mandate of the new Standing Committee on Internal Security (COSI). The Presidency supports a wide mandate for this committee, expected to coordinate member states’ actions on the operational level. Paris will also chart the future for the CATS committee, coordinating working groups in the field of police and judicial cooperation, which is viewed by many as ineffective.

FAMILY LAW AND JUDGES

As for the area of justice, the French Presidency is hoping for a success in several areas (3516). First of all, it aims to move forward the current discussion on EU family law, namely an upgrade of the divorce legislation called Rome III. France could bring it to life through enhanced cooperation of a group of member states (3546).

Secondly, Paris will push for an agreement on the upgrade of the legislation on maintenance payments, such as child support (3435). Thirdly, the Presidency will aim for an agreement on improvements to Eurojust, the body facilitating cooperation in the investigation and prosecution of serious crime.

(1) This article was written before the referendum results were known.

Paris will have an important ally in the European Commission