The EU’s challenges in the realm of justice, freedom and security for the next five years put the focus on citizens’ rights and are now spelled out in a consensual but non-legislative Stockholm programme ⁽¹⁾. Yet according to the draft conclusions of the European Council, on 10-11 December in Brussels, the 27 member states, when adopting this road map, will be certain to state that it is “necessary to prevent and control illegal immigration”.

Without making it a top priority, the Swedish EU Presidency has managed to wrap up this programme during its six months at the helm. Some points were more controversial than others, in particular the matter of whether or not to appoint a European coordinator of the fight against human trafficking, similar to the position of the counter-terrorism coordinator, held by Gilles de Kerchove (Belgium). Several countries expressed misgivings (Germany, UK). They wonder about the justification of creating this position rather than another (eg to deal with violence against women and children). The Commission also insists that such a role would have to remain under its authority. Although nothing is clear yet, de Kerchove’s boss is expected to be fellow Belgian national Herman Van Rompuy, the new European Council president. In any case, the Swedes had support (Finland, Romania) and the wording on this point is soft: the Council is invited to “consider” creating such a post.

Other points were debated, including the proposal for “European training” for police forces and judges. Here, too, Sweden had to scale down its ambitions, agreeing in the latest draft of the programme that one third of police forces and half of judges already “involved in European cooperation” may benefit from such training. This is far from the initial goal of 50% of EU law enforcement personnel.

Another particular difficulty is asylum. Commissioner Jacques Barrot has consistently stressed certain member states’ reluctance to harmonise asylum procedures further in the EU. Germany, Austria and the United Kingdom fear that doing so will create an “in-draught”. This could particularly be the case if the European countries agree to grant asylum outside the EU (via embassies in North Africa, for instance). As a result, on asylum, the Stockholm programme insists on the “voluntary” nature of national involvement. “Debates by the home affairs ministers were passionate because many states are apprehensive over the idea of a Europe of asylum,” Barrot commented recently. “Yet there is a need to bring very disparate policies closer together today,” he insisted.

The document of 80-odd pages will serve as a basis for initiatives - legislative and otherwise - taken by the EU up until 2015. The European Parliament will be closely involved since the Lisbon Treaty gives it co-decision powers on areas controlled by the states until now (eg, police and judicial affairs). MEPs have come out largely in favour of more protection for personal data, especially when such data are transferred to third countries (eg the United States).

The programme will have to be translated into an action plan, which the Commission will submit to the Council in the first half of 2010. An update is set for June 2012. The draft conclusions of the EU summit, obtained by Europolitics, list six main points:

1. Promoting citizenship and fundamental rights. The 27 member states are expected to assert that “European citizenship must become a tangible reality”. This reality takes shape with the binding nature of the European Charter of Fundamental Rights secured under the Lisbon Treaty, even if the United Kingdom and Poland, followed by the Czech Republic, obtained a derogation. The draft mentions the example of protection of personal data.

2. Europe of law and justice.“The achievement of a European area of justice must be consolidated.” This somewhat convoluted wording does not mask the difficulty for countries to approximate their criminal and civil justice systems. With the new treaty, qualified majority will be the rule, rather than unanimity, except for family law, where unanimity will continue. So it will still be difficult to facilitate binational divorce procedures, considering that the Swedes have used their veto, without making use of an enhanced procedure (which the Commission must propose).

3. Europe that protects by tackling organised crime, terrorism and other threats.

4. Access to the EU: Businessmen, tourists, students, scientists, workers and refugees must be able to access EU territory (under a policy for visas and border management).

5. Responsibility, solidarity and partnership in migration and asylum matters: “The objective to establish a common asylum system remains and people in need of protection must be ensured access to legally safe and efficient asylum procedures.” It is also necessary to “prevent and control illegal immigration,” state the draft conclusions.

6. Role of EU in a globalised world:Its rules on justice, freedom and security must be built further into its external policies.

The programme is available at www.europolitics.info > Search = 262488

Qualified majority and co-decision almost everywhere

With the Lisbon Treaty, the EU’s three-pillar structure is shelved. Judicial cooperation in criminal matters and police cooperation will be governed by the same type of rules as policies coming under the internal market (co-decision with EP and qualified majority). This includes: some rules on visas and short-term residence permits, legal immigration, judicial cooperation in criminal matters, Eurojust, non-operational police cooperation, Europol and civil protection. These are in addition to the matters already governed by qualified majority/co-decision: other rules on visas and short-term residence, asylum policy, illegal immigration and judicial cooperation in civil matters with the exception of family law.

Certain policies will still be decided unanimously by the 27, however (with consultation of the EP): passports and identity cards, family law and operational police cooperation.

The Commission will of course still have a monopoly on presenting proposals but it will now be possible for one quarter of the member states to take initiatives in three types of cooperation: criminal, police and administrative matters.

⁽¹⁾ The new programme takes over from its predecessors, Tampere (1999-2004) and The Hague (2004-2009).