In the wake of the deluge of international criticism sparked this summer by the expulsion of hundreds of Roma from France, the fate of Europe’s largest minority will be discussed at European level. A «working meeting» requested by French Prime Minister François Fillon between «the ministers and European commissioners» concerned is scheduled for 31 August in Brussels, the Commission announced, on 27 August. The EU executive is also «analysing» the French measures but warns that its conclusions will not be made public.

«This will be a bilateral meeting between French ministers and a number of commissioners,» explained a Commission spokesman. He mentioned the names of Vice-President Viviane Reding, responsible for justice, Internal Security Commissioner Cecilia Malmström and Employment Commissioner László Andor.

The decision to organise the meeting was taken during an «extremely constructive and positive» telephone conversation between Matignon and European Commission chief José Manuel Barroso, added the spokesman. François Fillon assured Barroso that «the measures taken by France are fully in conformity with EU law,» said the Commission. Three days earlier, Reding had said she was following the developments in France «attentively» but also with «some measure of concern». «I recognise perfectly well that it is the sole responsibility of EU member states to maintain public order and ensure the security of their citizens on national territory,» she explained. On the other hand, she stressed the requirement of compliance by all member states with «shared EU rules on free movement, non-discrimination and the Union’s common values, including respect for fundamental rights and the rights of minorities».

WHAT RULES?

The fact remains that in the context of arguments for and against President Nicolas Sarkozy’s security policy, the EU executive is struggling to shed light on the Romas’ right to free movement and the prohibition of the discrimination of which they are victims across Europe. The ten to 12 million Roma make up Europe’s largest minority. Within the Union, they come often from Central and Eastern Europe. Roma from Bulgaria and Romania have «the same rights under European law as other Europeans,» explains the Commission, ie the right of free movement and freedom of establishment in the EU. However, transitional arrangements still restrict the free movement of Romanian and Bulgarian workers following the admission of these two states into the EU in January 2007. These arrangements will be in force until 31 December 2013.

In practical terms, this means that Romanians and Bulgarians, pursuant to EU law, are free to work in 14 EU countries: Denmark, Estonia, Cyprus, Latvia, Lithuania, Poland, Slovenia, Slovakia, Finland, Sweden, Hungary, Greece, Spain and Portugal. They may also work in the Czech Republic pursuant to a national law. In the other member states, Bulgarians and Romanians must have a work permit. From 1 January 2012 until 31 December 2013, free movement must be respected by all, unless a state can show evidence of «a serious disturbance» of its labour market. In that case, the restrictions may continue until 1 January 2014.

These rules apply to the labour market. In other words, the Roma have the same right as any other EU citizens to move and reside freely in the Union. This right is valid for all under the EU treaties but is matched with conditions. Restrictions are set by Directive 2004/38/EC. For stays of up to three months, the only condition is to have a valid passport or identity card. National authorities may not impose conditions, such as having a visa, employment or sufficient resources. On the other hand, for stays of more than three months, European nationals must be economically active (they must work or be self-employed) or have «sufficient resources not to become a burden on the social assistance system» in the host country. They must also have sickness insurance cover. They may be expelled if they fail to meet these conditions. EU nationals who abide by these rules even become permanent residents after residing in the country for a continuous period of five years.

Expulsions ordered by member states (which are therefore a national decision) on grounds of «public policy, public security or public health» must be «proportionate». European laws establish «safeguards» to ensure that the expulsion order is «fair» and to protect the interests of both EU citizens and the countries where they live.

MORE EXPULSIONS PLANNED

Is all this purely theoretical in the light of this summer’s events in France? At the request of Reding, «we are reviewing the situation». «The facts have to be established and we have to check whether EU law has been breached. A process has to be triggered, but let’s let the experts do their job,» Commission spokesmen told journalists. They assured that Reding’s views were shared by the entire College of Commissioners. Her comments included the statement that «no one should be faced with expulsion simply for being a member of a minority».

Around 15,000 Roma live in France, where they can take advantage of rules on free movement in the EU but often live in makeshift housing. Their living conditions are equally deplorable elsewhere in Europe and even worse in Romania and Bulgaria. However, French Immigration Minister Eric Besson has announced an «acceleration of measures to escort Bulgarian and Romanian nationals to the border». According to his objectives, with the latest flights on 26 August (300 Roma returned to Romania by air), a total of 8,313 Romanians and Bulgarians will have been expelled since 1 January, compared with 9,875 for the year 2009.

In practical terms, this means that Romanians and Bulgarians, pursuant to EU law, are free to work in 14 EU countries