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.