UNCORRECTED TRANSCRIPT OF ORAL EVIDENCE To be
published as HC 468-i
House of COMMONS
MINUTES OF EVIDENCE
TAKEN BEFORE
european scrutiny COMMITTEE
justice, freedom and security
Monday 4 April 2005
MR FRANCO FRATTINI and MR STEFANO BERTOZZI
Evidence heard in Public Questions 1 -
31
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Monday 4 April 2005
________________
Present
Mr Jimmy Hood, in the Chair
Mr Michael Connarty
Mr Wayne David
Mr David Heathcoat-Amory
Sandra Osborne
Angus Robertson
John Robertson
________________
Witnesses: Mr Franco Frattini, Vice President for
Justice, Freedom and Security and Mr
Stefano Bertozzi, European Commission, examined.
Q1 Chairman: Mr Vice President, welcome to this meeting of
the European Scrutiny Committee. First
of all, can I say though we are looking forward to you being here today, how
sad it is that we meet at this terrible time with the death of Pope John Paul
II. I apologise that some of our Members
are attending a mass now in Westminster who were looking forward to being
here. I am sure you will understand the
difficult and sad situation. Welcome to
the European Scrutiny Committee. Mr
Vice President, did you want to make an introductory statement?
Mr Frattini: Very briefly, Chairman. Thank you very much, Chairman, and ladies
and gentlemen. I will be very
brief. The Commission is fully
committed to implementing the Hague strategy.
In the field of security, justice and freedom we need to develop the
strategy already decided by the Council.
I am doing that and I am ready to present a proposal in May, after
discussions were had in the Council in January and then in April. There are four pillars in my idea, four
pillars in the Action Plan. The first
pillar is terrorism and security, security in general and the prevention and
fight against terrorists and organised crime in particular. Here I see the need on one hand to
strengthen security of European citizens and I think about reinforcing
strategies to cut the financial resources of terrorists, to protect critical
infrastructures, to prevent radicalisation and eradicate violence through
profound dialogue with Muslim moderate countries on the one hand, a strategy to
prevent and fight against terrorism. On
the other hand, in my view there is no security without full protection of
fundamental rights. There is no
contradiction in my view. I saw the
document issued by the House of Lords about the Hague strategy where the House
underlined the importance of not forgetting the protection and promotion of
fundamental rights while guaranteeing security of European citizens. I will proceed in parallel on two
tracks. The first track is to
strengthen security, strengthen law enforcement authorities' powers, improve
exchange of information, strengthen protection of infrastructures and so on; in
the parallel track there will be more protection for the fundamental rights of
people. I give an example: privacy
rights, data protection rights. As you
probably know, Commissioner McCready has transferred to me the entire responsibility
for data protection and data retention so I am going to present in parallel by
the end of this year the first comprehensive proposal on data protection in the
third pillar because we should move in parallel, as I said. That is the first pillar, security
prevention and the fight against terrorism but at the same time protection of
fundamental rights. I cannot forget, of
course, organised crime. I will focus
in particular on victims' protection and particularly children and women. I am going to present a proposal in the
coming months. The second pillar is
European migration policy. This
migration policy will aim to elaborate a comprehensive strategy helping Member
States to face this very important phenomenon in close co-operation with third countries
of origin and transit which means a European strategy. That means listening to relevant actors,
including enterprise associations, trade unions, civil society. As you know, I published the Green Paper on
Economic Migration because before putting a proposal on the table, I do prefer
listening to and collecting suggestions and proposals and then, finally, what I
am going to do by the end of this year, after having listened to different
proposals, is to elaborate a Commission proposal. Economic migration includes, of course, the fight against illegal
migration and, once again, the fight against trafficking in human beings. That will require the full co-operation of
third countries. I am going to
elaborate a comprehensive strategy regarding particularly the Mediterranean
region and eastern dimension of Europe which are the two most relevant
areas. A European migration strategy
will include integration strategy. I
cannot imagine a European strategy on immigration without a clear indication
about integration in order to avoid this feeling of isolation, this feeling of
marginalisation of communities, and that is why I will propose a European
Integration Fund in order to guarantee social services, education and so on to
legal migrants. Finally, very briefly
on fundamental rights, as you know the Commission is committed to present a
proposal on the agency of fundamental rights as requested by the Council. The proposal on the agency will be, once
again, the result of a public debate that is on the way. There was a public hearing and now the
Commission is elaborating a proposal which will be an agency replacing the monitoring
centre which is in Vienna on racism and xenophobia. Racism and xenophobia and anti-Semitism will remain at the heart
of the new agency. The new agency will
be a European agency to control full respect, full compliance with European
legislation and, first of all, the European Charter of Fundamental Rights. Finally, the last pillar will be the
external dimension of European security.
Before the end of June I will present a proposal to be discussed under
the UK Presidency in the second half of 2005 regarding the external dimension
of security. Security has international
and trans-border implications, first of all, of course, terrorism. In this strategy there will be included, of
course, the principle of dialogue between religions and civilisations and there
will be the principle of full co-operation included with third countries on the
one hand and, of course, there will be reaffirmed the extremely important
co-operation with the United States.
Finally, this document will aim at demonstrating that the EU can be, and
must be in my view, the producer of security, not only the consumer of security
at the expense of the United States. That will be the first elaboration of an international European
strategy on the external dimension. I
will stop there, Chairman.
Chairman: Thank you very much. Mr Vice President, you answered my first
question very well. You have set the
scene for more detail in the form of questions. Mr Connarty?
Q2 Mr Connarty: The Hague Programme envisages a common asylum
procedure. Why are the minimum
standards in the present Procedures Directive inadequate? Is the Commission aiming for a uniform
asylum policy and procedure?
Mr Frattini: My opinion is that on common asylum procedure
Europe can make the difference. Why,
because now at the current stage we see very different rules and very different
legislation in each Member State. That
leads, and will lead, to negative consequences like some Member States which
leave the doors open to false asylum seekers and other Member States where the
situation is totally different. What do
we need? In my view we need a clear
concept, a clear definition of who is a true asylum seeker. What is the appropriate treatment following,
of course, the principle of fundamental rights, the principle of full
protection? In my view, it is not a
pre-condition to have a European law on asylum, it is a pre-condition to have
common standards on treatment, common standards on admission, common standards
on the juridical qualification of asylum seekers, and that is a field where
Europe could help Member States. My
intention is to closely co-operate with the United Nations and, together with
the United Nations, I am elaborating a pilot regional programme in order to
help origin countries and transit countries aimed at protecting asylum seekers,
true asylum seekers of course, and to make a clear distinction between, for
example, economic migrants and asylum seekers. Sometimes there is a great
confusion between these two concepts.
We should elaborate a common principle on procedures in order to avoid
any possible confusion for the future.
In my view that is the best way to follow. Of course, we cannot imagine following a top-down approach, we
prefer a bottom-up approach because I prefer to listen to relevant partners,
actors, Member States, and then elaborate a proposal. Also, in this matter I do prefer to have answers to questions
rather than to put the proposal "Please take it or leave it", which is not, in
my view, the appropriate method.
Mr Connarty: Thank you.
Q3 Mr David: Hello, Commissioner. I wonder if I could ask you about the idea
of a European Corps of Border Guards, which is something that is very
contentious.
Mr Frattini: I know.
Q4 Mr David: I was wondering how you saw this idea
developing and whether or not you believe that it is still very much up to
individual Member States to have control over their external borders.
Mr Frattini: On external borders we should move
step-by-step. We are launching this new
agency for external border control that will be operational by 1 May. We should reach an agreement about the seat
but, nevertheless, the agency will be operational. Thinking about a European Border Guard Corps is totally
different. I know that a part of this
raises a number of complicated legal problems, legal questions, and political
questions as well. I would be very
happy to be able to solve these questions, these problems, but the reality is
that we should focus on training, on exchange of experience rather than
accelerating the establishment of such a Corps. That is my view by reason of prudence. Of course, some Member States are strongly in favour, as you
know, but other Member States are strongly reluctant and the Commission must
take national positions into account.
Once again, I cannot imagine deciding from Brussels whether or not such
a Corps must be established without having listened to each Member State. That is my approach. We will leave the door open for further
discussion on this point but, in my view, it is much more important to speed up
the operational activity of this agency.
This agency will be very useful in order to guarantee the principle of
burden sharing in facing illegal immigration and in managing immigration in
general. In my view, this principle of
burden sharing that is an aspect of the principle of solidarity among Member
States is much more important than accelerating the establishment of this
Corps.
Q5 Mr David: I wonder if I could ask you to say a little
bit more about what exactly burden sharing is?
Mr Frattini: Burden sharing is, first of all, a European
commitment to help Member States to face.
When you talk about some very small country that is in the middle of the
Mediterranean, and that is probably a door facing enormous flows of migrants,
we should take into account that this Member State needs our help and it is
absolutely impossible to avoid this point immediately. When we talk about a bigger Member State
that has the great problem of resettlement or a big problem of return, of
repatriation, towards origin countries, I think that return and repatriation
policies are policies where Europe should take the burden. In my view, that is burden sharing. Each Member State cannot live alone facing a
problem that is a common problem for all of us. That is why I am preparing to increase European funding for this
purpose of burden sharing in the immigration strategy, to help Member States.
Q6 Mr David: Could I just ask a very particular
question. The way you define burden
sharing is very good, but supposing a Member State does not want to have their
burden shared, what is the position of the Commission then?
Mr Frattini: Of course, we should use the political
capacity of persuasion. I do not see
any other possibility, neither to impose nor to say "go alone". That is absolutely impossible. The only way I know is to try to persuade,
to explain that it is in their own interests to share the burden. If you think about the legalisation of
illegal immigrants, that is a question directly involving the solidarity
principle and because all action has an impact on other Member States we should
take into full consideration these aspects: "Please, do you want to be
helped?", "Yes, of course. Help me,
please". Something is needed in return.
Q7 Angus Robertson: If we could move from the Border Corps to
something else which we have looked at closely in this Committee on a number of
occasions, which is the question of a European Public Prosecutor's Office. Does the Commission still favour the
creation of a European Public Prosecutor's Office and, if so, why?
Mr Frattini: Starting from my previous experience as
Italian Foreign Minister when Italy took responsibility for leading the
European Presidency, I remember very well when working on the Constitutional
Draft Treaty I understood that there was not consensus about a European Public
Prosecutor or, better, there was no unanimity on that. At that time we preferred to leave the door
open until the future when, and if, there will be unanimous consensus on this
principle. At the second time recently,
November 2004, when the Council agreed on the Hague strategy, there were some
Member States demanding to include a clear reference in the Conclusions to a
European Public Prosecutor. Other
Member States - if I am right, the majority - refused, and we just made
reference to further progress regarding Eurojust; a clear reference that for
some Member States it means giving them the possibility to expand Eurojust to
transform into a Public Prosecutor and for other Member States it means right
now avoiding such a possibility. Once
again, my approach to Europe is a pragmatically enthusiastic approach, but
pragmatically. That means that I prefer
to strengthen Eurojust rather than to embark European Member States on a
discussion that will lead to a split, because I am sure of that.
Q8 Angus Robertson: If I could just follow that up. You have outlined the fact that there is a
minority in favour of the European Public Prosecutor and the majority of states
are opposed to it, but what is the Commission's opinion? What is your opinion as a Commissioner with
responsibility for this area? Are you
in favour of the European Public Prosecutor's Office and, if you are, why?
Mr Frattini: In justice and jurisdiction matters, the
Commission cannot impose a precooked solution on the Member States. My duty is to listen to Member States and
take into account the majority and minority opinions and, finally, trying to
reach a good compromise like strengthening Eurojust, but I cannot impose my own
opinion, that would be a great mistake.
Q9 Mr Connarty: Commissioner Frattini, what we see is that
the first time this was proposed it was rejected unanimously, the Commission
came back with it and now they have got a few people to take up the idea. It appears to us, and to the British public
that we represent, and to many other countries, that the Commission will drive
and drive and drive and do deals behind closed doors until it gets its way with
something that was unanimously rejected.
It should have been withdrawn.
That is democracy. Are you not a
democratic organisation?
Mr Frattini: Yes.
I fully respect your opinion. In
my view, the Commission could, and should, stimulate Member States, should
promote integration when it is possible, and cannot impose. That is the limit I posed to myself.
Q10 Mr Heathcoat-Amory: I am very surprised, Mr Frattini, that you
have no opinion about the European Prosecutor because ----
Mr Frattini: As Franco Frattini I have a personal opinion
but, in my view, it would be a mistake to express my institutional conviction
because it is a matter where Member States should be taken into full
consideration. That is what we decided
when drafting the Constitutional Treaty, to leave the final decision on that to
the Member States. I cannot substitute
for Brussels in taking this decision.
Even if personally, as Franco Frattini, I am in favour, as an Italian
people, of course maybe, why not, and as a former judge I am in favour of a
Public Prosecutor, but as a Commissioner I cannot express this opinion
institutionally. Trying to force Member States would provoke a negative
reaction. My final goal is to persuade
a convergence of Member States towards a more advanced solution and a more
advanced solution now is strengthening Eurojust.
Q11 Mr Heathcoat-Amory: I was a member of the Convention and the
Commission representatives were very enthusiastic for the Prosecutor and it was
largely through their work that it is now included in the constitution.
Mr Frattini: You are right, but an agreement has been
achieved on this draft and this draft leaves open the door. That is my opinion. I can only stimulate, I cannot impose,
because the constitutional draft decided to leave open the door and to set up
the principle of unanimity and I should respect this decision that has been
taken.
Q12 Mr Heathcoat-Amory: Can I ask a more general question then. At present ----
Mr Frattini: I am sorry.
When I was President of the European Union I made every effort to
include Public Prosecutor but I was the Italian Foreign Minister taking the
Presidency of the European Union, which was totally different.
Q13 Mr Heathcoat-Amory: A more general question. The European Union is regarded as being
remote and its outcomes and decisions are often inefficient and wasteful. This has created disillusionment in
Europe. This is another proposal and,
indeed, many of your proposals so far this afternoon have been about more
decision making at European level further away from the citizen, so instead of
reducing the gap between Europe and the citizen we are going to increase it by
taking decisions away from Member State parliaments to a more remote decision
making process. How does this fit in
with the democratisation of Europe which we all want to see?
Mr Frattini: I will focus first of all on the
implementation. As you rightly said, we
should avoid increasing more and more and more legislation. We should concentrate our efforts on the
implementation and operational aspects.
I will give you an example. On
the exchange of information among law enforcement authorities, I stressed the
principle that I will focus on operational aspects, not legislation, but
sometimes a European guideline in terms of principles of common rules is
needed. I will give you an
example. On organised crime, no-one can
doubt the importance for Europe of having a coherent approach towards organised
crime and the trafficking of human beings.
If I am right, more than five or six Member States now in their own
national legislations do not have the juridical concept of a participant, a
promoter of organised crime gangs. That
requires an intervention at European level otherwise I am trying to increase
the level of prevention and protection.
If I think about the Framework Decision, the Framework Decision does not
leave to the Member States the responsibility of translating it into their
national laws. That is what I am going
to do regarding organised crime.
Sometimes a European initiative is needed. That is why I am going to avoid where unnecessary putting on the
table legislative proposals, but where necessary I must do that.
Q14 Mr Heathcoat-Amory: You are making the argument for more European
action on the grounds of more efficiency and security.
Mr Frattini: Yes.
Q15 Mr Heathcoat-Amory: But looked at from the ordinary citizen's
point of view at the lowest level, decisions are being transferred from their
parliament up to another set of institutions that they feel no part of and yet
the rhetoric we get from Europe is we must return Europe to the citizens,
closer to the citizens. That is the
phrase in the Laeken Declaration, to return Europe, to make it more democratic. To transfer upwards is in the wrong
direction. How can you reconcile this?
Mr Frattini: If, as I hope, the Constitutional Treaty will
enter more powers into force, national parliaments will have the power of
controlling the subsidiarity principle.
I firmly believe in the subsidiarity principle. National parliaments will play an important
role in this legislative process, also in order to indicate where there is a
violation of the principle of subsidiarity and, of course, the Commission will
listen to national parliaments in this regard.
When we talk about concrete solutions, I will give you another
example. Many people fear the concept
of harmonisation or approximation but if you think about civil law, in some
fields at European level we need to manage the consequences, for example, of
trans-national divorces or successions or wills or abduction of children in the
family. Recently a new regulation has
entered into force in order to avoid any kind of abduction of children by
imposing the immediate enforcement of judgments at national level because there
were not common rules avoiding this possibility. I would prefer to talk about approximation and harmonisation
where it is necessary and not always but sometimes it is needed. That is in my view, of course.
Q16 Sandra Osborne: Commissioner, the Hague Programme refers to
the need for respect for the diversity of the legal systems of the Member
States. However, we have seen a number
of proposals, such as those on procedural rights in criminal proceedings and on
mediation in civil cases, where the intention has been to legislate at EU level
for purely internal cases. Is it not
more respectful of the diversity of national legal systems to leave such
internal cases to national law?
Mr Frattini: Well, we aim at making justice accessible to
citizens. That is our first
objective. I understand that full
respect of national differences between legislation is often required, but if
you think about trans-border cases, sometimes we could elaborate trans-border
rules and offer to European citizens on a voluntary basis an optional regime
regarding the possible solution of these cases. I am thinking about the orders of payments or small claims, for
example. In these areas there is the
possibility of establishing an additional optional regime at European level to
be chosen on a voluntary basis by the parties concerned. Not a mandatory law, not imposed by
Brussels, but offered to the parties concerned in order to try to speed up the
solution. That is the difference. This morning I had a very fruitful
conversation with some ministers and they said, "Please, take into
consideration this important principle of purely internal cases and
trans-border cases. Please keep them
separated." I will take this concern,
this preoccupation, into consideration.
The final solution is not already decided, it is under discussion. My personal opinion that I have already
given here is that we should offer to the European citizen a common additional
possibility and if they do not want it they do not choose it and they continue
to apply internal domestic rules. But,
on the contrary, if they want it, Europe provides an additional rule that is
common in order to avoid contrasts of jurisdictions, contrasts of laws
overcoming this principle of trans-border or purely domestic cases. In my view that is the best way, of course,
but I will listen to Member States' different opinions and together we will
decide. It is on the way.
Q17 Mr Connarty: Continuing on the same theme, clearly there
are a number of reservations, not just in party terms but across the broad
spectrum of the representatives in this House, about matters that are already
agreed by the European Union where the Commission intend to go. For example, we are concerned that initiatives
such as the European Arrest Warrant and the European Evidence Warrant are
really designed to create pressure for EU-wide definitions of crimes and
EU-wide definitions of uniform minimum and maximum sanctions for criminal
offences, even where the offence is confined to one Member State. You have used the word in a way again and
again that makes me think to motivate you really mean to argue for, that to
motivate a country you want to argue for something with a country. Is this the Commission's intention, to try
to press for uniform definitions of crimes and uniform minimum and maximum
sentences? Is the Hague Action Plan,
which you mentioned, likely to contain proposals for common definitions of
crimes and uniform requirements for sanctions for offences or will you just be
out there stimulating governments to take these ideas forward?
Mr Frattini: Yes, that is the best way to stimulate Member
States and to give them common standard proposals. I will give two examples.
The first one is in 2002 the European Union agreed on a common definition
of terrorism and terrorist activities.
There is a Framework Decision on Terrorism indicating clearly and
transparently what is a terrorist organisation and what is terrorist activity. In my view that is a good basis for Member
States to translate these common principles into national legislation. In the country that I know the best there is
an appropriate translation of such common principles on terrorism in domestic
legislation regarding financial resources of terrorists and a definition of
association for terrorist purposes and so on.
Of course, there is not a European law defining, there is a European law
indicating common principles. The same
applies for a European Arrest Warrant.
Recently, I issued a report analysing the translation into domestic
legislation of this Framework Decision taken in 2003 and the result was that
every Member State has translated in a different manner. We are not here blaming and shaming Member
States but helping them. My opinion is
that sometimes translation is correct and sometimes translation does not
correspond to the spirit and to the substance of the solution agreed by
unanimity. That is the method I am
going to follow. The third example I
mentioned earlier of organised crime.
We cannot live without a European definition of what is a criminal
organisation and trafficking in human beings and then it is up to Member States
to translate it into their own national legislation. The same is true for the sanctions. Maximum and minimum is a range leaving Member States free to
harmonise, not a clear imposition of particular sanctions. The method I prefer is to indicate minimum
and maximum, a range leaving Member States free to harmonise, to apply, to
better translate.
Q18 Mr Connarty: It is very easy to make a straw man to knock
down, so if you pick something like terrorism and international trafficking and
financing of terrorism, that is easy, but the concerns that people have are
that on matters that are purely domestic the European Arrest Warrant will be
used to intervene in what should be left to the definition of the individual
Member State and, particularly with the Arrest Warrant, that people will be
arrested by people from other countries because they offend against the law in
another country but it is not a breach of law in the country in which they
live. In other words, you do not have
the protection that your own country defines what a criminal act is.
Mr Frattini: You are right. First of all, the European Arrest Warrant focuses mainly on
terrorism and organised crime. The
first result in 2004 was more than 2,500 arrests were executed in terrorism and
organised crime fields.
Q19 Mr Connarty: That is easy.
Mr Frattini: Firstly, it demonstrates that we cannot
expand to the whole penal code, of course.
Secondly, we intend to propose a Framework Decision on procedural rights
of people as a balance to investigation and prosecutors' needs. In my view that is an appropriate balance:
on the one hand a European Arrest Warrant and, on the other hand, European
guarantees for procedural rights.
Mr Connarty: We look forward to those but I am still
concerned.
Q20 John Robertson: Mr Vice President, negotiations on the Racism
and Xenophobia Framework Decision have been resumed and, among other things, it
seeks to establish an EU-wide crime of "public denial or gross trivialisation"
of war crimes. Is this not a good
example of a matter which should be left to the different traditions within the
member nations?
Mr Frattini: On racism and xenophobia I think there is an
important need to respond to this terrible offence on our basis in terms of
fundamental rights, that is racism, anti-Semitism and xenophobia as well. The original proposal made by the Commission
a few years ago has been profoundly amended and we are very close to reaching a
possible compromise. It is a compromise
fully respecting the principle of subsidiarity. We had a very fruitful discussion at the last Interior Ministers'
Council that took place for the first time in January, for the second time in
February, and finally the Presidency and the Commission came to the conclusion
that it is possible to come up with an agreed solution, an agreed solution
setting up common principles. The first
principle is that there is no space in Europe for racism and xenophobia, but,
in full respect of subsidiarity, leaving it to the Member States to translate
this principle according to different traditions, different solutions and
different histories. We are very close. We left the new Member States a period of
time to examine the draft proposal and I am confident that there will be
unanimity in accepting this Framework Decision respecting subsidiarity.
Q21 John Robertson: Can I get clarification of that. Is what you are saying that the Member
States then will have jurisdiction over the interpretation of what is in it?
Mr Frattini: Of course.
Q22 John Robertson: I have got to ask, what is the point? If the Member States have the final say, or
even at the initial stage have their say, what is the point of writing this
out?
Mr Frattini: The point is that we include some actions
that are forbidden, that are banned in every Member State, but each Member
State translates penal rules, including sanctions, according to national
legislation and national tradition. It
is only the principle that is a common European principle. In some Member States there are no rules at
all regarding punishment for racist activities and that is unacceptable in my
view. In other Member States, including
my country, there are. We do not need
any change if this Framework Decision is approved because in Italy there is
already a full legislation, penal legislation, regarding racism and xenophobia
but, on the contrary, in other Member States there is not and that is why it is
extremely useful.
Q23 John Robertson: With the greatest respect, if it is the case
that some countries do not have, shall we say, the legislation that we have in
Britain or in Italy, you are not going to impose what the words are within the
document and if you are not going to do that then what is the point? These countries will still have their own
jurisdiction on racism and xenophobia, or the lack of any.
Mr Frattini: When there is a lack of legislation, the
Member State should provide new legislation.
Q24 John Robertson: But you are not going to force European will
upon them.
Mr Frattini: They should provide new legislation.
Q25 John Robertson: But you are not going to make them do that.
Mr Frattini: The Commission will monitor the situation by
providing a report about the implementation of the Framework Decision, as
usual.
Q26 Angus Robertson: Commissioner, I do not think anybody has any
objections to racism or xenophobia being combated in the most effective way
possible, and I think in every single Member State there will be in one way or
another the ability of the legal system to combat racism or xenophobia. The issue that was raised by my colleague
opposite was about the establishment of an EU-wide crime of "public denial or
gross trivialisation". As a jurist, you
will know that this is the same as in the German or Austrian legal systems, Wiederbetätigung, national socialist
agitation, saying that six million Jews did not die during the Second World
War. That is an offence, it is a very
serious offence, and we can understand why they take that so seriously in their
countries, but it is not a crime here to say that. It is contemptible, it is wrong and it is to be condemned, but it
is not a crime. How does one reconcile
saying that we are going to respect the subsidiarity of different countries' legal
traditions by bringing in a European-wide crime? That is a contradiction, with the greatest of respect. Either you tell countries, "You are to have
a new crime that does not exist here now" or not. You cannot respect subsidiarity and at the same time say, "You
will do this".
Mr Frattini: I understand your preoccupation. This proposal is extremely useful for some
Member States that do not yet have any domestic legislation about racism or
xenophobia.
Q27 Angus Robertson: Forgive me, I am not asking about racism or
xenophobia, I am asking about "public denial or gross trivialisation". That is not racism, that is not xenophobia,
that is about the denial of national social crimes, for example.
Mr Frattini: We are not considering this particular
situation in the Framework Decision. We
are not considering including this particular situation, we are guaranteeing a
certain degree of flexibility.
Q28 Mr Connarty: So the Commission has dropped that proposal?
Mr Frattini: I do not have the final draft in front of my
eyes.
Mr Connarty: I have seen it.
Q29 Mr Heathcoat-Amory: I think we must get to the bottom of this.
Mr Frattini: I will check this point.
Q30 Mr Connarty: It is a very positive announcement.
Mr Frattini: Yes, I will check this point.
Q31 Chairman: We look forward to getting that clarified, Mr
Vice President. Can I thank you very
much for being here with us for the last hour or so. I can tell you we have about the same amount of questions we have
asked you so far to ask you again. As
they say in the cabaret, it is always good to leave the audience wanting
more. In that sense, it has been very
useful. I hope you found it informative
and useful for yourself because certainly we have. Thank you very much for affording us this opportunity.
Mr Frattini: Thank you very much.