Questions For The Would-Be Domicile Affairs In Addition To Jurist Commissioners

Steve Peers, Emilio de Capitani as well as Henri Labayle

The would-be Commissioners for immigration as well as habitation affairs as well as Justice volition shortly endure questioned past times Members of the European Parliament (MEPs) inward hearings, to create upward one's remove heed whether the EP should vote to confirm them inward office. MEPs cause got already asked but about written questions as well as the would-be Commissioners have replied. Since most of the written questions were non really searching (except for a yoke of questions on information protection issues), the Commissioners did non respond inward much detail.

However, the hearings are an chance for MEPs to ascertain the Commissioners’ plans, as well as to secure of import political commitments, inward these fields. To that end, nosotros cause got thence suggested a number of oral questions which MEPs should inquire inward the hearings. 

Immigration as well as asylum

The Commission consider that migration policy should endure framed past times the (non binding) objectives of the global approach to migration (GAMM) as well as relations alongside 3rd countries should endure dealt alongside past times “Mobility Partnership” which are to a greater extent than diplomatic declarations than binding acts. Would you lot suggest a binding legal reason for treaties alongside the countries concerned, grounded on Articles 77, 78 as well as 79 of the TFEU?

What actions volition the Commission cause got to ensure that European Union legislation inward this plain is fully as well as correctly implemented past times the Member States?

Will the Commission suggest an immediate amendment to the European Union visa code, to confirm that Member States are obliged to give humanitarian visas to those who demand them as well as who apply at Member States' consulates inward 3rd countries?

When volition the Commission suggest European Union legislation to guarantee usual recognition of Member States' decisions regarding international protection, including the transfer of protection?

When volition the Commission brand proposals for a framework for sharing responsibleness for asylum-seekers as well as persons who cause got been granted international protection, starting alongside those who cause got applied exterior the territory of the Member States?

Will the Commission suggest an immigration code, as well as what volition its master copy contents be?

The Court of Justice has recognised that search as well as rescue obligations are interlinked alongside external borders surveillance (Case C-355/10). The European Union adopted rules inward this plain which governing alone edge command coordinated past times Frontex. Do you lot intend to suggest that such rules should apply to all Member States’ edge controls equally a full general rule, past times formally amending the Schengen Borders Code ?

What immediate as well as longer-term steps volition the Commission cause got to address the expiry terms of migrants crossing the Mediterranean?

Will the Commission suggest to amend the European Union legislation on facilitation of unauthorised entry to confirm that anyone who saves migrants from expiry or injury during a edge crossing, or who otherwise acts from humanitarian motives, is exempt from prosecution?

Internal Security as well as Police cooperation

Measures against terrorism as well as transnational offense were until straight off mainly taken nether the vague framework of “operational cooperation”. Will the Commission suggest a clear legal reason for the Internal Security Strategy as well as transforming the so called “Policy Cycle” inward a transparent as well as legally binding framework where European as well as national interventions are clearly framed? Will you lot suggest relevant amendments to the Europol legislative proposal which brand reference to the policy cycle without framing it? Which initiatives volition you lot take  to implement the regulation of subsidiarity as well as proportionality equally foreseen past times the Treaty, as well as to ensure that the Charter must endure taken inward draw of piece of work concern human relationship likewise for constabulary cooperation so that the European as well as national parliaments equally good equally the Court of Justice could verify that these principles cause got been complied alongside ?

According to Protocol 36 (the transitional protocol attached to the Treaty of Lisbon), all measures dealing alongside constabulary cooperation adopted earlier the entry into forcefulness of that Treaty volition autumn nether the jurisdiction of the Commission as well as of the Court from 1 Dec 2014. Some of them are outdated and should endure repealed or substantially modified to cause got inward draw of piece of work concern human relationship the post-Lisbon legal as well as institutional framework (role of the Charter, co-responsibility of the EP, role of the national Parliaments). In several cases where European Union measures bound dramatically telephone commutation rights sunset clauses should endure inserted inward the basic acts. However zip almost this is written inward your disceptation nor inward the previous Commission’s REFIT exercise. Could it endure a priority or create you lot believe that Lisbon Treaty did non modify the province of affairs inward your domain of competence?

Will your legislative programme likewise endure grounded on the Treaty legal reason of judicial cooperation inward criminal matters ? If so, how volition you lot frame the relations alongside the Commissioner inward accuse of these aspects ?

Schengen cooperation has been until straight off the most successful illustration of cooperation betwixt the Member States as well as has been of late upgraded past times launching SIS II as well as EUROSUR. The notion of integrated edge management inward Article 77 TFEU is progressively taking shape but no substantial improvement happens inward the role of the European as well as National parliament. Other similar initiatives similar PRUM as well as Swedish initiatives cause got been developed next the regulation of availability. Do you lot conception farther initiatives here?

For instance, inward lite of the recent United Kingdom of Great Britain as well as Northern Ireland of Britain as well as Northern Republic of Ireland illustration where a convicted murderer moved from i Member State to another, create you lot intend to suggest the commutation of criminal records concerning the most serious crimes past times a Member State’s nationals (murder, rape, grievous bodily harm) if those nationals are no longer imprisoned?

Will the Commission suggest a constabulary code that recasts European Union legislation inward this field?

When does the Commission intend to submit a legislative proposal implementing Article 75 of the TFEU dealing alongside freezing assets of terrorists ?

Justice Commissioner

According to CJEU (Melloni, Radu judgments) the regulation of primacy of European Union law covers likewise sensitive domains such equally judicial cooperation inward criminal matters. It is as well as so of import that the European Union legislation is laid at the highest possible standards of protection of telephone commutation rights so that past times implementing the European Union legislation the electrical current flat of protection at national flat volition non endure lowered. Do you lot handle that all hereafter European Union legislative proposals on criminal law should brand likewise reference to the possible touching on on national law as well as ever permit the possibility of higher national standards equally referred to past times art. 53 of the Charter ?

Will the Commission commit to suggest to amend the Framework Decision on the European Arrest Warrant as well as other pre-Lisbon measures on usual recognition inward criminal matters, to ensure that at that spot is the same flat of protection of telephone commutation rights equally guaranteed inward the recent Directive on the European Investigation Order?

When volition the Commission suggest a mensurate to ensure adequate protection for suspects equally regards pre-trial detention inward criminal proceedings inward the Member States?

Will the Commission submit farther legislative measures to amend the suspect's procedural guarantees?

Fundamental rights protection is meaningless without effective ways to obtain a judicial redress at national or European Union level. Will you lot submit a legislative proposal upgrading the 2013 Commission Recommendation on collective redress mechanisms so that citizens as well as companies tin sack enforce the rights granted to them nether European Union law where these cause got been infringed?

How volition the Commission deed to ensure that Member States fully as well as correctly apply European Union legislation on the protection of victims' as well as suspects' rights inward criminal proceedings?

OLAF, EUROJUST as well as EPPO volition bargain nether unlike perspectives alongside the work of protection of European Union fiscal interests. Has the fourth dimension come upward to simplify the institutional machinery, for instance past times merging OLAF alongside EPPO ?

Several European Union measures such equally the Framework conclusion on terrorism bound private freedoms. In these cases should the European Union legislation (as good equally delegated as well as implementing acts) should non embody sunset clauses, equally it the illustration for the U.S.A. legislation (see the Patriot Act)?

Will the Commission commit to suggest to the Council that whatever European Union treaty on sharing personal information alongside 3rd countries volition endure suspended if, inward the thought of the European Parliament next an independent review, inward practise at that spot is no adequate flat of protection of the relevant personal information inward that 3rd country?

According to the electrical current as well as envisaged legislation it volition endure a Commission’s role to assess the adequacy of information protection inward 3rd countries. Do you lot handle that such evaluation should endure done equally delegated deed equally it requires a high flat of discretion on the Commission side ?

DIGITAL AGENDA (together alongside Commissioner Oettinger as well as VP Ansip)

You volition run alongside Candidate Commissioner Oettinger on the digital agenda who made reference to an ambitious legislative programme presently to endure adopted to implement the European Digital Agenda. The European Union Treaties offering several legal bases to achieve such an objective fifty-fifty if the European Union is even so lacking a comprehensive as well as consistent legislative strategy which could give specific aspect to telephone commutation rights equally defined past times the Charter of telephone commutation rights.

For this argue the Court of Justice has of late annulled the Directive on information retention. However the same fate could occur to other European Union legislative measures planned or inward negotiation which create non run into the high standards required past times the Charter as well as to avoid challenges from national Courts.

To avoid these risks volition you lot endure available to blueprint as well as implement alongside your other colleagues inward the hereafter Commission (Oettinger Timmermans, as well as Ansip) a legislative strategy which could expire an European "Marco Civil" equally the i of late adopted past times Brazil ?

The Court of Justice has defined inward its information retentiveness ruling really strict criteria to endure followed when collecting personal information for safety purposes. Even the Council legal service seems to consider that the electrical current EU-US agreements on TFTP as well as PNR create non represent alongside these criteria. What create you lot intend to create at the adjacent Transatlantic summit? Will you lot notify the U.S.A. regime that the agreements should endure profoundly revised?

When volition the Commission respond to the CJEU ruling on the invalidity of the information retentiveness Directive? Will it suggest a novel European Union Directive which is compliant alongside the judgment? Does the Commission believe that the Directive even so allows for volume surveillance? Will the Commission pursue infringement activeness against Member States whose legislation is non inward compliance alongside the criteria laid out inward the judgment?

Barnard & Peers: chapter 25, chapter 26

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