France is being forced into giving more details on its so-called “voluntary” expulsions of Bulgarian and Romanian Roma. In an internal note dated 1 September, the European Commission argues that “the mere fact of offering cash to those agreeing to return [€300 per adult and €100 per child - Ed] is not enough to exclude the expulsions from the European principles of free movement,” in particular the unrestricted right of stay for up to three months.

The authors, Commissioners Viviane Reding (justice), Cecilia Malmström (internal security) and László Andor (employment), have other questions regarding the expulsion by Paris this summer of 979 Bulgarian and Romanian Roma, 151 forced and 828 voluntary. These include the fate reserved to those repatriated voluntarily who wish to return to France, since only threats to law and order can justify a long-term exclusion of EU citizens. They also want to learn more about a problem of conformity between French law and the 2004 directive on free movement: for an expulsion decision, French law does not explicitly refer to the obligation to consider all of an individual’s particulars, such as age or health.

The case continues, although French ministers have stated in Brussels that their policy complied “scrupulously” with European law.