Commissioner Reding: Commission Will Launch Infringement Procedure against France on the Roma Expulsions

UPDATE: The Commission has decided that it will issue a letter of formal notice to France requesting the full transposition of Directive 2004/38/EC, unless draft transposition measures and a detailed transposition schedule are provided by 15 October 2010. The Commission is also analysing the situation of all other EU Member States under Directive 2004/38/EC to assess whether it will be necessary to initiate infringement proceedings also in other cases.

This is an important development if it results in more pressure on Member States to comply with Directive 2004/38/EC.

The European Commissioner for Justice Viviane Reding has made a very strong statement on the problem with the mass expulsion of Roma from France. She says that the political assurances given by two French ministers on the non-discriminatory character of the expulsions are now openly contradicted by an administrative circular issued by the French government. She further calls this “a disgrace”.

More importantly, Mrs. Reding has taken notice of comments by the French Secretary of State for European Affairs questioning the role of the European Commission as a guardian of the Treaties. She notes that the Commission’s role as guardian of the Treaties is one of the foundations of the European Union – a Union which is held together not by force, but by respect of the rule of law agree upon by all Member States, including France.

She further says that the Commission will have no choice but to initiate infringement action against France.

This analysis confirms my earlier assessment of the issue. It is high time that the European politicians grasp the importance of the legal foundation of the European Union.

7 responses to “Commissioner Reding: Commission Will Launch Infringement Procedure against France on the Roma Expulsions

  1. Maybe France is less frightened by EU technocrats than the German Federal Constitutional Courts … Maybe the EU and its organs should have some more “respect of the rule of law”.

  2. The French have guts unlike many other Europeans or European governments.
    All countries need people that are useful (the base of the economy) not useless! One does not have to be rich, but one has to be hardworking and honest.
    The EU commissioner can always take the people she feels so sorry for home! This isn’t opening a door for anything! All can be handled!
    She sounded like a mother scolding her child!
    The lady ought to remember that she is talking to one of the countries that holds the EU together!
    Lets get real, otherwise when we wake up it will already be too late! It might already be too late for some European countries! No way back!
    Most politicians I believe are foolish spoilt brats! I feel they do not know the first thing about the real world or real work.

  3. Вихър Георгиев

    Dear Mary,

    You may have noticed that the title of this blog is “European Union Law”. It is not “French Politics” or “Immigration Studies”, among others. That is why your honest comment appears a little bit out of context.
    I am really NOT interested in the heated polemic between representatives of the French government and the European Commission. I am, however, interested in the infringement of EU law and the reaction of the institutions of the Union in such cases.
    That is why this blog focuses on the legal perspective of the debate.

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  6. “I am, however, interested in the infringement of EU law and the reaction of the institutions of the Union in such cases.” – Question: Are you also interested infringement of EU law (including, i.a., respect for the constitutional identity of the member states, subsidiarity, etc.), and the reactions of EU organs and the elected governments of the member states?

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