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Consular Protection to EU citizens in third countries: A loss of interest? writes Igor Merheim-Eyre

Ideas on Europe Blog - Fri, 28/08/2015 - 13:28

The European Union very often likes to remind us that it is a community of values – solidarity, non-discrimination, human rights, and so on. This is all very well but, as Khrushchev once reminded Marxist enthusiasts in the Politburo, you cannot simply put theory into your soup. The question therefore is, what do these values mean in practice?

European citizenship is perhaps an area that raises eyebrows on all sides: it confuses eurocrats, while EU citizens merely understand its meaning beyond having the same coloured passport, or the right to vote in the European Elections, including in Member States they might be residing that are other than their own. Consular assistance to EU citizens is, however, one area that clearly deserves more publicity than it is given. Why? Well, numbers speak for themselves: according to the Commission, 90 million EU citizens travel annually outside the EU, of which 7 million travel or work in third countries where their Member State has no consulate or an embassy. Now, with a new Council Directive in place, this under-estimated but extremely important (and, it is safe to say, sensitive) area of European cooperation deserves a few words from an analyst who has been following its development now for a number of years.

Although consular cooperation in one form or another has been in existence since the Single European Act (1986), it was the Maastricht Treaty that explicitly stipulated that ‘every citizen of the Union shall, in the territory of a third country in which the Member State of which he or she is a national is not represented, be entitled to protection by the diplomatic or consular authorities of any Member State, on the same conditions as the nationals of that Member State’.

In 1995 the Council agreed on a Directive (95/553/EC) which included basic provisions on issues such as stolen passports, detention, victims of crime and repatriation. The Directive, however, was not ratified by Member States’ legislatures until after the September 11 Attacks in the US brought the security of EU citizens abroad high on the agenda.

The post-9/11 debate opened two big questions. Firstly, string of man-made and natural disasters (Asian Tsunami, Bali bombings, Mumbai bombings or the 2006 war in Lebanon) shifted a focus on cooperation to post-disaster response, such as immediate humanitarian relief and repatriation away from the disaster area.

With lack of coordination between Member States (for example, planes carrying aid South East Asia in the wake of the 2004 tsunami have been accused of flying back to the EU empty), the Civil Protection Mechanism within the European Commission’s Directorate General for Humanitarian Aid & Civil Protection (DG ECHO) was re-organised to provide support in case of consular emergencies. This included a monitoring centre, and the possible dispatching of EU-funded transport and medevac planes.

Secondly, from 2006 and, in particular, from the coming into effect of the Treaty of Lisbon, further debate emerged on the possibilities of shared or even EU consulates in EU delegations. When the European External Action Service (EEAS) was created, a Consular Crisis Unit was put together in order to create a monitoring centre and work on possible EU-level synergies.

True, EU delegations (also backed up by the EEAS’ inherited Consular Online communication system) have provided armoured buses to evacuate 100 EU citizens from Gaza in 2009, and in March 2011 the EU Delegation in Tripoli provided important assistance on the ground to Member States’ evacuation efforts, as well as the Civil Protection Mechanism’s sponsored flight.

However, the possibility of the EEAS and its Delegations abroad to receive any formals role in consular assistance remained wishful thinking. The fact of the matter was that (except for obvious legal challenges) the EEAS continuous to have neither the funding nor the expertise to provide such service. Delegations abroad continue to be the reflection of their former past in DG RELEX, and their staff work on technical projects, rather than being representatives as in the case of national embassies or consulates. Quite frankly, the setting up of fore-mentioned monitoring centre within the EEAS was a useless duplication that Catherine Ashton sought to unsuccessfully address through a merger with DG ECO structures.

Further, while Member States continue to wrestle with falling foreign ministry budgets, very few have been prepared to give up sovereignty over an area where the foreign ministries have direct access with the public. Nevertheless, through the period, and as was reflected in the lengthy negotiations over the new Directive, financing remained a big issue.

Bigger Member States, in particular, became increasingly afraid that they will bear much of the burden of ‘open access’ consular assistance. Some Member States, including the United Kingdom, refused to formally accept consular assistance as a ‘right’ of EU citizens (despite it being enshrined in the Charter of Fundamental Rights of the EU), but merely an ‘entitlement’, stipulating neither the minimum nor maximum level of protection a Member State consulate is obliged to provide.

Not surprisingly, the new Directive reflects this pain-staking development. Firstly, the consultation was launched by the Commission in 2006 and a proposal to the Council and the European Parliament was only published in November 2011. The Directive was eventually concluded in April of 2015, and a long road of ratification in Member States is expected.

At the same time, the Directive sees a shift from the debates of the previous decade; speculations about the role of the EEAS and its network of Delegations have been put to rest. Enthusiasts of a truly European diplomatic and consular service (including the former French foreign minister and EU Commissioner Michel Barnier) will be disappointed to find a mere supporting role of the EEAS, including provisions for providing relevant information on their rights to EU citizens, and organising local consular cooperation.

The Civil Protection Mechanism has clearly been highlighted as an important tool to be used in crisis situations. However the Mechanism’s most important input is the financial reimbursement mechanism, which the Hungarian Presidency used in March 2011 to dispatch a plane to Tripoli. In practice, however, dispatching and coordination of transport or consular teams remains more practical on the Member State level, where a designated Lead State is responsible in particular third country, without the necessity to community back and forth with Brussels.

Finally, financing was solved two-fold. Firstly, an EU citizen cannot be charged for assistance by a consulate more than the citizens of the Member State assisting them. Secondly, if costs cannot be paid immediately, the Member State of his or her nationality will pay the costs incurred, but only once the citizen signs an undertaking to repay such costs to his or her Member State upon safe return.

The question then remains, was this low-profile Council Directive part of a long-term strategy or a vision, or did it symbolise a loss of interest in cooperation? In short, there is no loss of interest, but grand ideas are missing. Michel Barnier will clearly not see his vision of EU consulates fulfilled any time soon, nor will we necessarily see EU-hatted rescue teams appearing too often.

The Directive is, however, an important step in clearing up a technical mine field. The 95/553/EC Directive was vague and opened more questioned than it helped to answer. That the new Directive has 14 detailed pages, in comparison to 4, is a testament to this. They are not 14 pages of delightful bed-time reading that will stand proudly on one’s book shelf, but they are 14 pages of important details that help to pave a way towards a better organised cooperation in the next decade.

Grand visions might be buried for now, but a more practical framework has been created instead. Writing this piece in a day dominated by terrorist attacks in France, Tunisia, Kuwait and conflicts across the globe, providing better protection to EU citizens has never been more important. That this new Directive has not been given a fanfare is more a testament to the EU’s awful ability to communicate with the citizens, than its capacity to provide a better managed system to save and protect well-beings of those travelling further and farther.

It is a welcomed decision that deserves a better recognition but, nevertheless, a telling reflection of our ability to create a Europe serving its citizens and, perhaps, making people proud of their burgundy-coloured passports. Overall, a positive conclusion for a debut article!

Igor Merheim-Eyre

This piece was originally published in the Vocal International (July 7, 2015)

The post Consular Protection to EU citizens in third countries: A loss of interest? writes Igor Merheim-Eyre appeared first on Ideas on Europe.

Categories: European Union

Article - From rapporteur to coordinator: the different roles taken on by MEPs

European Parliament (News) - Fri, 28/08/2015 - 12:52
General : Being an MEP involves more than just debating and voting on legislative proposals. They can be tasked with drawing up a report to represent the Parliament's position on a legislative proposal or any other matter. They can also act as group coordinators in a committee, follow the progress of a legislative report or be in charge of preparing an opinion on a proposal. Read on to find out more about the different responsibilities MEPs are able to take on in the European Parliament.

Source : © European Union, 2015 - EP
Categories: European Union

Article - From rapporteur to coordinator: the different roles taken on by MEPs

European Parliament - Fri, 28/08/2015 - 12:52
General : Being an MEP involves more than just debating and voting on legislative proposals. They can be tasked with drawing up a report to represent the Parliament's position on a legislative proposal or any other matter. They can also act as group coordinators in a committee, follow the progress of a legislative report or be in charge of preparing an opinion on a proposal. Read on to find out more about the different responsibilities MEPs are able to take on in the European Parliament.

Source : © European Union, 2015 - EP
Categories: European Union

Agenda - The Week Ahead 31 August – 06 September 2015

European Parliament - Fri, 28/08/2015 - 11:47
The Week Ahead 31 August – 06 September 2015

Source : © European Union, 2015 - EP
Categories: European Union

Press statement by President Donald Tusk after meeting with President of Ukraine, Petro Poroshenko

European Council - Thu, 27/08/2015 - 15:25

Good afternoon. Let me begin by saying how pleased I am to have my first meeting of the autumn political season today with President Petro Poroshenko. Thank you, Petro, for your presence here. This for sure shows that EU-Ukraine relations take no holidays.

I am especially glad to see President Poroshenko on a day that started with good news for Ukraine: I very much welcome the deal that was reached between Ukraine and its creditors. In addition, the Contact Group for Ukraine has reached an agreement on a new ceasefire to start on 1 September. Both of these pieces of news are cause for optimism.

During our talks today we discussed three main topics.

First, President Poroshenko briefed me on the recent increases in violations of the Minsk ceasefire. I am especially worried about the targeting of the OSCE Special Monitoring Mission and call on all parties to make sure this does not happen again. Thank you for your information, Petro. After our meeting I am absolutely sure about your determination to help the Special Monitoring Mission in their duty. We are rapidly approaching the deadline for the complete implementation of Minsk so it is critical that everyone does their utmost to make it succeed. I hope that the new ceasefire agreed yesterday is a first step.

Second, we talked about the domestic situation in Ukraine, including the economic outlook, upcoming local elections and constitutional reforms. I welcome progress on amending the constitution to allow for greater decentralisation and encourage Ukraine to move more quickly on judicial reform.

Third, we discussed how Ukraine is implementing the Association Agreement, in particular those parts on visa liberalisation. We want to see free travel between Ukraine and Europe sooner rather than later. That is why I encouraged President Poroshenko to move quickly on this issue. As you know we are here in Brussels, both Jean-Claude Juncker and me, very engaged and supportive for this project. I am really satisfied when it comes to progress on your side.

I would also like to touch upon one more issue. Two days ago Oleg Sentsov was sentenced to twenty years in a labour camp in Russia. Sentsov protested against the annexation of Crimea, where he lived with his two children. Sentsov, Kolchenko, Savchenko and all other Ukrainians held illegally in Russia as well as EU citizens such as Eston Kohver are blatant acts of injustice. They are also symbolic of the cynicism that dominates Russian politics. As long as Oleg Sentsov and others stay in prison, all honest and decent people will not remain indifferent to their fate.

President Poroshenko and I agreed to be in contact early and often over these vital coming months. Thank you very much again, Petro.

Categories: European Union

Article - Summer reading: discover this year's most popular articles so far

European Parliament (News) - Thu, 27/08/2015 - 14:43
General : Articles on our photography contest, Ukraine, social media, gender equality and the European integration of the Western Balkans have proved to be most popular on our website in the first half of 2015. Read our article to find out more and click on the links to discover them yourself.

Source : © European Union, 2015 - EP
Categories: European Union

Article - Migration: MEPs call for more EU solidarity on visit to Sicily

European Parliament (News) - Thu, 27/08/2015 - 14:43
General : Countries such as Italy and Greece dealing with an influx of asylum seekers should receive more support from other member states, MEPs said on a delegation visit to the Italian island of Sicily from 22 to 24 July. “Italy spends over €1 billion every year just to take care of those who make it across the Mediterranean. Italy’s borders are the EU's borders and a better management of the migratory flows is our common responsibility,” said French ALDE member Jean Arthuis, co-chair of the delegation.

Source : © European Union, 2015 - EP
Categories: European Union

Article - Summer reading: discover this year's most popular articles so far

European Parliament - Thu, 27/08/2015 - 14:43
General : Articles on our photography contest, Ukraine, social media, gender equality and the European integration of the Western Balkans have proved to be most popular on our website in the first half of 2015. Read our article to find out more and click on the links to discover them yourself.

Source : © European Union, 2015 - EP
Categories: European Union

Article - Migration: MEPs call for more EU solidarity on visit to Sicily

European Parliament - Thu, 27/08/2015 - 14:43
General : Countries such as Italy and Greece dealing with an influx of asylum seekers should receive more support from other member states, MEPs said on a delegation visit to the Italian island of Sicily from 22 to 24 July. “Italy spends over €1 billion every year just to take care of those who make it across the Mediterranean. Italy’s borders are the EU's borders and a better management of the migratory flows is our common responsibility,” said French ALDE member Jean Arthuis, co-chair of the delegation.

Source : © European Union, 2015 - EP
Categories: European Union

Article - LUX Prize 2015 finalists

European Parliament (News) - Thu, 27/08/2015 - 14:40
General : The finalists competing for the 2015 LUX Film Prize have been announced: Mediterranea, Mustang and Urok (in English: The Lesson). The three films deal with current social issues such as immigration, position of women and girls, education and economic problems in society.

Source : © European Union, 2015 - EP
Categories: European Union

Article - LUX Prize 2015 finalists

European Parliament - Thu, 27/08/2015 - 14:40
General : The finalists competing for the 2015 LUX Film Prize have been announced: Mediterranea, Mustang and Urok (in English: The Lesson). The three films deal with current social issues such as immigration, position of women and girls, education and economic problems in society.

Source : © European Union, 2015 - EP
Categories: European Union

EU-Ukraine

Council lTV - Thu, 27/08/2015 - 06:04
http://tvnewsroom.consilium.europa.eu/uploads/council-images/thumbs/uploads/council-images/remote/http_7e18a1c646f5450b9d6d-a75424f262e53e74f9539145894f4378.r8.cf3.rackcdn.com/ukraine_thumb_169_1393002992_1392999386_129_97shar_c1.jpg

The EU is seeking an increasingly close relationship with Ukraine, going beyond co-operation, to gradual economic integration and a deepening of political co-operation. Ukraine is a priority partner country within the European Neighbourhood Policy (ENP).

Download this video here.

Categories: European Union

Briefing - The European Year for Development: Demography and Migration - PE 549.066 - Subcommittee on Human Rights - Committee on Development - Committee on Foreign Affairs

If current trends continue, the world will have 9.7 billion inhabitants in 2050, but population growth will be unevenly distributed. The 1994 Cairo International Conference on Population and Development was a milestone that focused on the well-being of individuals, rather than numerical targets. There has been progress promoting human rights, education, gender equality, sexual and reproductive health, and reproductive rights, but rapid urbanisation and climate change represent new challenges. The international community has recognised the need to promote regular, safe and orderly international migration to harness the potential benefits of migration. Contrary to widespread views, emigration rates rise with economic development until countries reach an upper middle income status. The role migration plays in spurring development should be more widely recognised. Human mobility will be integrated in the post-2015 development agenda, and the Sustainable Development Goals will include migrationrelated targets. The EU is addressing the migration-development nexus in its Global Approach to Migration and Mobility, which is implemented through policy dialogues and cooperation projects in third countries. The European Parliament has insisted that the rights of migrants – particularly women – be part of the post-2015 agenda.
Source : © European Union, 2015 - EP
Categories: European Union

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