SOCIAL POLICY & JUSTICE HOME AFFAIRS. OMC

Transcription

1 SOCIAL POLICY & JUSTICE HOME AFFAIRS OMC

2 JUSTICE AND HOME AFFAIRS PILLAR: MAASTRICHT & AMDAM 1. Asylum; 2. Rules concerning the entrance of external borders; 3. Immigration policies and policies concerning third countries' citizens: Conditions of entry and circulation for foreign citizens in the territory of the Union; Conditions of residence for foreign citizens in the territory of Member States, comprising families and employment access; Fight against irregular immigration, residence and work of foreigners within the territory of the Union; 4. Combating illicit drugs where this is not covered by point 7), 8) and 9); 5. Fight against international fraud where this is not covered by points 7), 8) and 9); 6. Judicial co-operation in civil matters; 7. Judicial co-operation in penal matters; 8. Customs co-operation; 9. Police co-operation for preventing and fighting terrorism, drugs trade and other grave forms of international criminality, comprising, if necessary, certain aspects of customs co-operation.

3 JUSTICE AND HOME AFFAIRS UNDER LISBON More Community Method Visa, Immigration, Asylum policy subject to QMV Criminal Cooperation no longer subject to declarations Charter of Fundamental Rights equal to community laws before the Court (human rights equal to commercial rights as ECJ.)

4 JUSTICE AND HOME AFFAIRS UNDER LISBON Consultation Procedure: Areas stay subject to unanimity in the Council (with the EP only being consulted)? Passports and identity cards (Art. 77 TFEU) Family law (Art. 81 TFEU) Operational police cooperation (Art. 87 TFEU) In addition to that and for the purpose of creating a European Public Prosecutor's Office.

5 JUSTICE AND HOME AFFAIRS:! AGENCIES Frontex Europol Eurojust the European Agency for Fundamental Rights the European Asylum Support Office the European Monitoring Centre for Drugs and Drug Addiction and the European Police College! Possibility of a European Prosecutors Office Financial crimes and cross-border criminal activity.

6 JUSTICE AND HOME AFFAIRS CHANGES More ECJ Visa, Immigration, Asylum policy subject challenge at ECJ- by any court. ECJ will also be available for ruling on criminal matters (except UK Poland, Czech) Charter of Fundamental Rights equal to community laws before the Court (human rights equal to commercial rights as ECJ.)

7 Social Policy- Who s Down with OMC? Social Policy Still State Competency Open Method of Coordination! Sort of Developed in the process to EMS- Euro transition, except that version had stiff penalties.! Now areas of Joint Competency or Support and Coordinate policy! OMC! Council of European Union determines policy goals! Social Policy Areas! Social Exclusion! Social Freedoms! Education! Health Care! Social Protection! Ministers determine benchmarks! Commission monitors progress towards goals! Exchange of best practices.

8 OMC- Pluri-lateral Governance Home Affairs- Still State Competency with Subsidiarity Open Method of Coordination Commission and National Agencies Participate in establishing goals and practices In effect, much of the ground work is directed to regional, national or partners. Fundamental Rights Agency, Is an example of an Agency that was effectively created to facilitate an OMC process. As you ll see protection of Fundamental Rights (social rights) is an intergovernmental affair. Countries develop National Action Plans but little or no consequences of missed targets. In fact looking at the results following challenges the usefulness of the network model when discriminatory populism works to elect politicians. Even under Lisbon- Subsidiarity in effect in immigration and asylum policy...

9 Fundamental Rights Agency Council of Europe s Commission Charter Maastricht Treaty Fundamental Rights European Parliament Euro Convention Human Rights Committee of the Regions

10 Fundamental Rights Agency Council of Europe s Commission Charter Maastricht Treaty Fundamental Rights European Parliament Euro Convention Human Rights Committee of the Regions EUMC! 1997

11 Fundamental Rights Agency Council of Europe s Commission Charter Maastricht Treaty Fundamental Rights European Parliament Euro Convention Human Rights Committee of the Regions EUMC! 1997

12 Fundamental Rights Agency Council of Europe s Commission Charter Maastricht Treaty Fundamental Rights European Parliament Euro Convention Human Rights Committee of the Regions EUMC! FRA!

13 FUNDAMENTAL RIGHTS AGENCY NETWORK HYBRID NFP NFP Reports to & direction from E.U. Institutions NFP NFP

14 FUNDAMENTAL RIGHTS AGENCY NETWORK HYBRID NFP NFP Reports to & direction from E.U. Institutions FRA! 2003 NFP NFP

15 FUNDAMENTAL RIGHTS AGENCY NETWORK HYBRID NFP NFP Reports to & direction from E.U. Institutions FRA! 2003 NFP NFP

16 FUNDAMENTAL RIGHTS AGENCY

17 international human rights instruments and the ability of people to realise these rights. Feedback from governance structures at various levels indicates that fragmented governance can work as a barrier to the effective implementation of fundamental rights. Fundamental rights are first and foremost exercised at the local level: local and regional authorities play a key role as service providers and duty bearers. Therefore, they must be integrated into national human rights policy planning, implementation and monitoring. Lack of multi-level coordination and cooperation among government layers can impact heavily on people s ability to access their fundamental rights. FUNDAMENTAL RIGHTS AGENCY NETWORK HYBRID A joined-up governance approach to fundamental rights implementation

18 FUNDAMENTAL RIGHTS AGENCY AGENCY AND NETWORK HYBRID Resources of the FRA Revenue 20 million (2012) Staff; 70! Managing Network of 27 country-based partners for Human Rights (Raxen) Network of Legal Researchers (FRALEX) Working with 27 representatives in the Committee of the Regions 27 national governments network of 15 city governments.

19 FUNDAMENTAL RIGHTS AGENCY NETWORK HYBRID Sources of Power Influence Agenda Setting Issue Identification standards and measurement Naming and shaming Managing networks that link activists, analysts and policy-makers Brings community attention to local or national policies and conditions.! Controversy Lithuania; Hungary asked by Euro-Parliament to find legality of anti-homosexual Child-protection laws in Lithuania Resisted by national actors, especially politicians. Some element of organizational competition between EU, European Council and OSCE.

20 Charter of Fundamental Human Rights Successor to the European Charter of Fundamental Rights, and Social Charter of European Union. Integrated into Treaties of European Union with Lisbon. Chapter 1: Dignity e.g. the right not to be tortured or held in slave-like conditions (Poland 2001) Chapter 2: Freedoms e.g. freedom of thought, conscience and religion, freedom of expression and information, freedom of assembly and association Chapter 3: Equality e.g. the right not to be discriminated against, social exclusion. Chapter 4: Solidarity e.g. the right to collectively negotiate with employers Chapter 5: Citizens' Rights e.g. the right to good administration and the right to vote Chapter 6: Justice e.g. the right to a fair trial

21 Charter of Fundamental Human Rights Scope The charter applies to the European institutions, subject to the principle of subsidiarity, and may under no circumstances extend the powers and tasks conferred on them by the Treaties. The charter also applies to EU countries when they implement EU law. If any of the rights correspond to rights guaranteed by the European Convention on Human Rights, the meaning and scope of those rights is to be the same as defined by the convention, though EU law may provide for more extensive protection. Any of the rights derived from the common constitutional traditions of EU countries must be interpreted in accordance to those traditions.

22 Charter of Fundamental Human Rights Social policy forms part of the shared competences between the EU and Member States. However, social policies are implemented more effectively at Member State level than at European level. In this way, and in accordance with the principle of subsidiarity, the role of the EU in this area is limited to supporting and complementing the activities of Member States.! However, for certain measures, unanimous Council voting with consultation of the European Parliament is maintained and the Treaty of Lisbon includes the specific bridging clause which had been introduced by the Treaty of Nice (Article 153 of the Treaty on the Functioning of the EU). This bridging clause authorises the Council to decide unanimously to apply the ordinary legislative procedure to the following areas: protection of workers where their employment contract is terminated; representation and collective defence of workers and employers; conditions of employment for third-country nationals legally residing in Union territory! qualified majority voting is extended to measures related to social benefits for migrant workers (Article 48 of the Treaty on the Functioning of the EU);

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24 where there is relatively little religious diversity.

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28 Estimating Intolerance!23

29 Intolerance In Europe!24

30 Intolerance In Europe Wave II: !24

31 Intolerance In Europe Wave II: Wave 3: !24

32 Intolerance In Europe Wave II: Wave 3: Wave 4: !24

33 Intolerance In Europe Wave II: Wave 3: Wave 4: Wave 5: !24

34 Roma- the last frontier of Prejudice the Roma community, made up of around million people! Over 70 % of the Roma population have a lower than primary school level of education! 80 % of whom are at risk of poverty! Lower education and high unemployment increase continued risk of exclusion.! The EU has put in place a framework for Roma inclusion which integrates the national policies of all the Member States and also involves the regional and local authorities and nongovernmental organisations,!! Utrecht RomaKids.

35 Roma

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37 Atitudes Toward Roma

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