FECL 02 (November 1991):

EUROPEAN PARLIAMENT CRITICIZES INTER-GOVERNMENTAL COOPERATION AND AGREEMENTS OUT OF DEMOCRATIC CONTROL

A report of the European Parliament's (EP) Comittee on Legal Affairs and Citizen's rights (Malangr‚-report) unequivocally condemns European harmonization policies with regard to free movement of persons and problems relating to national security in the Community. The report deplores the obvious lack of activity of the European Commission in this field, "thus handing the initiative to cooperation at government level." In September 1991 the EP adopted the findings of the report.

The report expresses the suspicion "that the Commission's approach is not in accord with the EEC Treaty". It questions the democratic legitimacy of working parties such as Trevi, the Schengen group, the Ad Hoc Group "immigration", CELAD, SIS and GAFI and calls upon the Commisssion to make own policy propositions in the frame of the EC institutions and taking account of the growing criticism in particular with regard to Schengen II and the Dublin Convention on Asylum.

Among others the report calls for:

• the prevention of random spot checks on the initiative of the police as 'compensation' for the removal of internal frontiers;
• the drawing up of a more precise description of 'alien', 'public order' and 'national security';
• the linking of the application for a visa to objective and known criteria and the right to a reasoned refusal and to legal redress and the possibility to lodge an appeal; purely implementing powers for border officials with regard to checks on visas and documents;
• a serious discussion of the planned compulsory registration of non EEC citizens and of the restrictions of their freedom of movement;
• police cooperation and assistance only on the base of very specific description of tasks and with adequate external legal and administrative controls, in particular with regard to 'preventive' actions and the exchange of 'soft' information;
• provisions for transfrontier legal aid and the means of defense for those subject to the jurisdiction of a court;
• no tying down of the fight against drugs merely to criminal proceedings;
• improved external control on information systems;
• the designation of a judicial body which can rule on complaints and disputes concerning personal data protection;
• the guarantee of a judicial process and legal protection for asylum seekers.

In view of the Commissions prevailing inability or unwillingness to propose a legislative program in this field the report once again insists on the need to give the EP the right to initiate legislation: "As treaty texts resulting from cooperation at government level are not, in practice, subject to amendment by national parliaments, we are faced with a 'democratic deficit'."

Nicholas Busch