1. EU NATIONS and Roma Repatriation

2. OVERVIEW I.The “Roma Problem” – What had happened? II.Legal aspect III.The Aftermath IV.Croatia

3. Roma? A Traveling people History of persecution

4. EU nations and Roma

5. Roma Repatriation 2010 French Program for Roma ▫Roma needed to return ▫Roma agreed to go voluntairly Voluntairly return was awarded ▫Airplane ticket ▫300€ ($415) 56% of French population supported the measures

6. Not the first action of that kind: in 2009 roughly 10 000 were expelled By the September 2010, 8 000 were repatriated A leaked memo from the interior ministry to the police The joke? ▫Paid vacation?

7. The reasoning:  Mr Sarkozy : "sources of illegal trafficking, of profoundly shocking living standards, of exploitation of children for begging, of prostitution and crime“  Roma integration into European society, beginning with their home country

8. Reaction Positive (+) ▫Italy ▫Germany ▫Sweden ▫Denmark

9. Negative (-) European Commission ▫“disgraceful” and in breach of EU law ▫the situation “Europe would not have to witness again after the Second World War” European Parliament ▫The Resolution  "rejects any statements which link minorities and immigration with criminality”  deplores “the inflammatory and openly discriminatory rhetoric that has characterized the political discussion on the occasion of the Roma repatriation“

10. Commissioner of the Human Rights Council of Europe ▫Report UN High Commissioner for Human Rights ▫“such measures can only exacerbate the stigmatization of Roma and the extreme poverty and exclusion in which they live.”

11. The breach of EU law? France was accused of violating several fundamental rights guaranteed to all citizens of EU member nations ▫the right to freedom of movement and residence ▫the right to freedom against discrimination based on nationality The European Commission began an infraction proceeding against France for violating EU laws on freedom of movement

12. EU LEGISLATIVE FRAMEWORK 2004 EU Directive on freedom of movement DIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States ▫procedures for deporting illegally staying migrants Rome Maastricht Lisabon The EC : the right to free movement is “one of the most important and cherished individual rights of EU citizens.” prohibition against discrimination based on nationality freedom of movement

13. INTERNATIONAL LAW 1953 European Convention on Human Rights  barriers to full compliance 1966 International Covenant on Civil and Political Rights (UN)

14. CASE LAW ECJEU law ▫The freedom of movement may only be restricted “on grounds of public policy, public security or public health.” ▫Restrictions must be based exclusively on the personal conduct of the individual concerned ▫The proportionality principle INDIRECT RESTRICTIONS ▫loss of a benefit as a consequence of one’s exercise of the right to freedom of movement monetary award? ECtHRINTL law ▫D.H. v. Czech Republic ▫Conka v. Belgium ▫The right to respect for one’s private and family life and home ▫the Roma = “vulnerable” group

15. EU Goals for Immigration Integration 1.Immigration is a dynamic process of mutual accomodation by immigrants and residents 2.Respect for the EU’s basic values should be upheld 3.Employment is key and central to immigrants’ participation in society 4.Basic knowledge of the host country’s language, history, and customs is essential for integration 5.Education is critical in order for immigrants and their children to be successful members of society 6.Equal acces for immigrants to institutions as well as goods and services 7.EU Charter of Fundamental Rights guarantees the practice of diverse cultures and religions unless they conflict with national law 8.Participation of immigrants in the democratic process 9.Integration measures should be part of all relevant policies, levels of government, and public services 10.Clear goals and evaluation mechanisms are necessary to evaluate progress on integration and adjust policies

17. Legisaltion 2011: The EU framework for national Roma integration strategies ▫disappointing? European Commission against Racism and Intolerance (ECRI) - General Policy Recommendation No.13 ▫guidelines to the Council of Europe’s member countries to fight a rising tide of anti-Gypsyism and discrimination against Roma

18. September 2012 ▫France and Romania have signed a deal on the voluntary repatriation of Roma to Romania !!! ▫http://www.youtube.com/watch?v=fS_dtP2KMI0http://www.youtube.com/watch?v=fS_dtP2KMI0

19. CROATIA Government of the Republic of Croatia - Decade of Roma inclusion 2005-2015 ▫2012, 2013 Croatian Decade Presidency Work Plan EU funds ▫Settlement Orehovica ▫1 000 000 €

20. THANK YOU! Iva Ćorić