COMMISSIONER ANITA GRADIN ON THIRD PILLAR COOPERATION
In a speech to the European Parliament (EP), on 20 September, Anita Gradin, the Commissioner responsible for Justice and Home Affairs cooperation, has advocated the transfer of important parts of third pillar intergovernmental cooperation (on justice and home affairs) to the first pillar (Community law).
Referring to long-standing demands of the EP for increased involvement in third pillar decision-making, Ms Gradin said she shared the Parliament's view that there must be openness between the Commission and the Parliament. In particular she vowed that the Commission would fully inform the EP on all activities concerning migration policies. Article K.6 of the Maastricht Treaty states that the EP shall be consulted, when "important" aspects of the third pillar cooperation are concerned. Ms Gradin admitted that this provision is "somewhat equivocal" in its present wording, but insisted that the Commission considered all questions regarding migration as important.
Common external borders control
Ms Gradin said the Commission was "considering ways" to contribute to a solution regarding the draft Convention on external border controls that is still blocked by a political dispute. She noted that the JHA Council was to approve a common list of countries whose nationals will need a visa for entry to any EU member state, but said the common visa policy could not be implemented in practice as long as the problem with the Convention was not solved.
Third Pillar: insufficient cooperation
Ms Gradin appeared to share some of the EP's criticism of intergovernmental cooperation in the field of asylum and migration. She said: "a higher level of unity on central issues would have been desirable . . . The Commission desires that cooperation become more effective. Today, it is too slow, there are too many levels, and the requirement of unanimity makes it difficult to advance". [This latest remark from a senior member of the Swedish Social Democrat party on the deficiencies of intergovernmental cooperation within the EU is a further indication that "anti-federalists" would be wrong to rely too much on Swedish support at the Intergovernmental Conference on the future of the Maastricht Treaty in 1996.]
The Commission proposes that the six first points of Article K.1 of the Treaty, i.e asylum, migration, narcotics, fraud, civil law cooperation and Customs cooperation, be brought under the first pillar. The Commission further demands a right of initiative in the fields of criminal law and police cooperation, and Ms Gradin emphasised that the EP must be involved in a systematic manner. "This is true both with regard to information and appropriate consultation procedures", the Commissioner said.
Finally, Ms Gradin called for a role both for the European Court of Justice and the Court of Auditors in justice and home affairs cooperation.
Working programme of the Commission
Ms Gradin announced that the Commission will present a report to the Council before the end of this year on the possibility of bringing certain asylum issues under the first pillar, by applying article K.9 of the Maastricht Treaty. A similar Commission proposal was rejected by the Council in December 1993.
Ms Gradin further informed the Parliament on planned projects. Her department is working on a draft convention on common rules on immigration and residence. The draft also addresses questions such as family reunification and the integration of legal immigrants. The draft will contain a catalogue of rights and obligations of immigrants in all EU member states, mainly pertaining to work permits, basic social security and children's right to school training.
Another planned initiative refers to temporary stay permits for refugees and the conditions of return. Ms Gradin noted that, for the time being, practice differed strongly from one country to another.
Ms Gradin's department has also started two studies, on "burden-sharing" in refugee reception and on root causes of mass migration.
Source: Speech of Commissioner Anita Gradin to the European Parliament, 20.9.95.