Annex to the ENAR Briefing Note on: PUBLIC CONSULTATION FREEDOM, SECURITY AND JUSTICE: WHAT WILL BE THE FUTURE? (click to go to the webpage)
Below you will find the Questionnaire of the European Commission with notes explaining the key points for ENAR. You can download a ÔcleanÕ copy of the questionnaire from the website. PLEASE DO NOT SUBMIT THIS COPY WITH THE NOTES. It is important that the responses are seen as a high number of reactions from EU citizens and civil society broadly as well as the key concerns for ENAR.
_____________________________________________________
1. The ÔClosedÕ Questions
Your opinion on the future
1. Improve the protection of fundamental rights[TH1]
1.1. Do you think that the EU should promote respect of Fundamental Rights in Europe in addition to the activities of the Member States?
á yes
á no
á no opinion
1.2. Do you think that EU legislation promoting the implementation of fundamental rights such as data protection and fight against xenophobia and racism should be improved?[TH2]
á yes
á no
á no opinion
2. Develop EU citizenship
2.1. To facilitate the free movement of EU citizens within the EU do you think that the EU should do more to:[TH3]
(1) remove the remaining obstacles in the day-to-day life of EU citizens who move to another Member State? [TH4]
á yes
á no
á no opinion
(2) promote participation in elections to the European Parliament and in local elections?[TH5]
á yes
á no
á no opinion
(3) promote worldwide consular protection for EU citizens in places where your own country does not have a consulate?
á yes
á no
á no opinion
2.2. Do you think that the EU should do more in the field of promotion of the rights of children and the protection of women against violence?
á yes
á no
á no opinion
3. Develop a common immigration policy for Europe[TH6]
3.1. Do you think that there should be a role for the EU in managing legal migration to cope with future labour and skills shortages?
á yes
á no
á no opinion
3.2. Do you think integration of legal immigrants should be further strengthened and that the EU could help Member States, for example by sharing information?
á yes
á no
á no opinion
3.3. Do you think that the EU should step coordination to curb illegal immigration into the EU?
á yes
á no
á no opinion
4. Further develop a Common European Asylum System
4.1. Do you think that there should be more solidarity among Member States to help countries whose asylum system is overburdened?
á yes
á no
á no opinion
4.2. Do you think a Common European Asylum System with higher common standards of protection should be developed?
á yes
á no
á no opinion
5. Strengthen the protection of external borders through an integrated border management system and a common visa policy
5.1. Do you think that European level should increase its support to Member States?
á yes
á no
á no opinion
5.2. Do you think modern technologies should be used more than today in order to reinforce border controls and check identity and travel documents?
á yes
á no
á no opinion
5.3. Do we need common rules on issuing visas to foreign nationals?
á yes
á no
á no opinion
6. Develop and promote a coherent judicial area for civil matters
6.1. Do you think that the EU should ensure mutual recognition between Member States
(1) in respect of marriage, civil partnerships and civil status (names, marital status, descendants) (e.g. recognition of a family name or children's names in whichever European Union state you are living)?
á yes
á no
á no opinion
(2) of administrative documents, civil partnerships, registers of marriages, births and deaths (to be able to have one's birth or marriage certificate or other documents easily recognised in any other Member State)?
á yes
á no
á no opinion
6.2. Do you think that the EU should develop a common EU approach on adoption?
á yes
á no
á no opinion
6.3. Do you think more should be done at European level to improve effectiveness of justice in the Member States?
á yes
á no
á no opinion
6.4. Do you think more should be done at European level to secure and improve enforcement of claims abroad?
á yes
á no
á no opinion
7. Develop and promote a coherent judicial area for criminal matters
7.1. Do you think that the EU should provide all citizens with a basic set of rights as a guaranteed minimum in criminal investigations?[TH7]
á yes
á no
á no opinion
7.2. Do you think that the EU should have common minimum standards for the protection of crime victims?
á yes
á no
á no opinion
7.3. Should the EU do more against trafficking in human beings?
á yes
á no
á no opinion
7.4. Do you think that the EU should harmonise criminal sanctions for cross-border crimes such as trafficking in human beings, sexual exploitation of children or environmental crime?
á yes
á no
á no opinion
7.5. Do you think the EU should do more to help Member States seize and confiscate profits from criminal activities in order to ensure that crime does not pay?
á yes
á no
á no opinion
7.6. Do you think that the EU should improve cooperation between national judicial authorities and simplify cross-border prosecutions?
á yes
á no
á no opinion
7.7. Do you think that the EU should encourage more exchanges between judges?
á yes
á no
á no opinion
8. Reinforce the effectiveness of police cooperation[TH8]
8.1. Should police forces have access to non-police data at EU level (e.g. information collected by immigration and asylum authorities) in order to fight terrorism and serious and organised crime?
á yes
á no
á no opinion
8.2. Do you think that the EU should encourage exchanges of police officers between different countries?
á yes
á no
á no opinion
9. Strengthen action to prevent and combat terrorism and specific forms of crime[TH9]
9.1. Should the EU take more action to face the terrorist threat?[TH10]
á yes
á no
á no opinion
9.2. Should the EU do more in the fight against corruption?
á yes
á no
á no opinion
9.3. Should the EU do more on high-tech crime and cybercrime, via the internet and other means of modern technology?
á yes
á no
á no opinion
10. Develop multidisciplinary mobilisation to combat drugs
10.1 Do you think that the EU should develop a common policy against drug production and trafficking?
(1) within the EU
á yes
á no
á no opinion
(2) in non-member countries
á yes
á no
á no opinion
10.2 Do you think penalties in all EU Member States should be the same for:
(1) drug trafficking (organised crime)
á yes
á no
á no opinion
(2) drug dealing (street level)
á yes
á no
á no opinion
11. Take advantage of new technologies [TH11]
In which of the following fields do you think that new technologies should be used for the development of an area of Freedom, Security and Justice?
( ) Protection of fundamental rights
( ) Immigration
( ) Asylum
( ) Border policy
( ) Fight against terrorism and against organised crime
( ) Police cooperation
( ) Exchange of information
( ) Data protection
( ) Judicial cooperation
( ) Fight against drugs
12. Develop the area of Freedom, Security and Justice in a globalized world
12.1 In which of the following areas do you think that cooperation with third countries is very important?
( ) Protection of fundamental rights
( ) Protection of children
( ) Rule of law
( ) Immigration
( ) Asylum
( ) Border policy
( ) Fight against terrorism and against organised crime
( ) Police cooperation
( ) Exchange of information
( ) Data protection
( ) Judicial cooperation
( ) Fight against drugs
( ) Economic and financial crime
( ) Cyber crime
12.2 In which of the following countries/geographical areas do you think that cooperation on Justice and Home Affairs issues with third countries is very important? Please set priorities (1,2,3É):
(É) Other Western European countries
(É) Western Balkans
(É) USA
(É) Canada
(É) Russian Federation
(É) Ukraine
(É) Moldova
(É) Mediterranean countries
(É) Black Sea region
(É) South Caucasus (Georgia, Armenia, Azerbaijan)
(É) Middle East
(É) Africa
(É) Asia
(É) Latin America
(É) Australia
2. The ÔOpenÕ Questions
13. Which (maximum five) areas or actions should in your opinion definitely be a priority for 2010-2014 in the area of Freedom, Security and Justice? Why?[TH12]
-
-
-
14. How do you think existing legislation in the area of Freedom, Security and Justice can be improved or simplified? Please, give (maximum five) examples? For what reasons?[TH13]
-
-
-
[TH1]ENAR Has called for the EU to mainstream fundamental Rights. ENAR supports this as priority action
[TH2]It is important that we have a high response saying yes as the issue of racism and xenophobia is missing elsewhere
[TH3]This is a concern for ENAR, particularly regarding free movement rights of third country nationals and of EU nationals who are subject to racism and xenophobia when they exercise their right to free movement.
It is also a strong argument for comprehensive anti-discrimination laws in all EU Member States.
[TH4]This is a strong argument for comprehensive protection against discrimination on all the grounds in Article 13 as well as protection against nationality discrimination.
A high response rate saying yes is important.
[TH5]ENAR has called for greater minority representation in candidates for European Elections.
A high response rate saying yes is important, possibly accompanied by a comment regarding minority representation.
[TH6]This is an area where the questions are leading and where answering them may be seen as an endorsement of an approach that ENAR has criticised (in particular the utilitarian approach and the artificial division between third country nationals with different legal status.)
ENAR therefore recommends responding to this section by answering the Ôyes or noÕ questions but also by adding a short commentary that makes it clear that this is not an endorsement.
This same comment applies to the section below on Asylum and the section on borders and visas
[TH7]ENAR has a position that racial profiling must be prevented. It m ay be worth answering this question with a commentary on the need for anti-discrimination law to be extended to cover the policing and criminal justice systems.
A response of yes with a comment explaining this specific point would be appropriate
[TH8]There is a real danger of this information being used for ethnic profiling. In line with the principles set out in the GPP on Counter Terrorism, it would be appropriate to call for greater consideration of what safeguards would be necessary before such a measure was considered.
[TH9]Please see the ENAR GPP on Counter-Terrorism
[TH10]The ENAR GPP sees the securing of fundamental rights and non-discrimination as the priority actions in combating terrorism.
[TH11]This issue should be approached with care. Please refer to the GPP on Counter-Terrorism for the issues raised.
[TH12]Please consider using the 4 areas identified in the Briefing paper:
1. Promote the development of progressive migration and integration policies
2. Ensure that Counter-terrorism is conducted in the framework of human rights and anti-discrimination
3. Ensure effective legislative and non-legislative measures to combat racism and xenophobia, including through the criminal law
4. Ensuring the mainstreaming of fundamental rights into all EU law and policy
[TH13]Existing legislation that ENAR has called for adoption/improvement:
1. Finalise the adoption of the Framework Decision on Combating Racism and Xenophobia as a Crime
2. Conduct an equality and human rights audit of the European Union Action Plan to combat terrorism.
3. European institutions to fully implement and where needed revise relevant Community legislation to comply with the 1951 United Nations Convention Relating to the Status of Refugees, the 1954 United Nations Convention relating to the Status of Stateless Persons and CERD General Recommendation 30 on discrimination against non-citizens, as well as the relevant recommendations of the Council of Europe, the Conventions of the International Labour Organisation, and the Palermo Protocols to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and against the Smuggling of Migrants by Land, Air and Sea;
4. Extension of the protection against discrimination on the ground of nationality provided by the Treaties to every person living in the territory of the EU
5. Extension of the protection Against Discrimination on grounds of racial or ethnic origin, religion or belief and nationality to all areas of EU competence, including Justice and Home Affairs