14-15 October Informal Justice and Home Affairs Council

Date: 19/10/1995

THE fight against terrorism is now a major political priority for the Union after justice and home affairs ministers unanimously agreed to increase their combined efforts to tackle the violent threat to democracy. The commitment is contained in the La Gomera declaration adopted by ministers on the Canary Island of that name. It involves greater exchange of information, closing legal loopholes between different judicial systems and improving extradition procedures. The statement says that to effectively prevent and fight terrorist activity, it is necessary for member states to cooperate more closely to improve mechanisms for police and judicial cooperation. Ministers believe the move will mean that it will now be possible to combat terrorism like any other organised crime. The declaration will be formally adopted when ministers next meet in November.

THE future of the justice and home affairs pillar of the Maastricht Treaty was examined as governments consider how it can be improved. Ministers generally agreed that the present working structure, with its five levels of decision-making and numerous committees, needed improving. Commissioner Anita Gradin reminded the informal meeting that no important convention had yet been signed in this area and suggested that all policies except judicial cooperation in criminal matters and police cooperation should be transferred from the intergovernmental to the community framework. If the Commission's view is accepted at next year's Intergovernmental Conference (IGC), this would mean the transfer of policies on asylum, immigration, drug trafficking, fraud, judicial cooperation in civil matters, customs cooperation and the crossing of external borders. While there was widespread understanding of the need for change, ministers were divided on the subjects which could be handled by the community.

MINISTERS considered the request from the United Nations High Commission for Refugees (UNHCR) for the Union to accept the resettlement of refugees from the former Yugoslavia. It is seeking to place some 40,000 individuals, 8,000 of whom are expected to leave Bihac and Banja Luka in the next two months. Commissioner Gradin stressed that the Union should be prepared to take on the extra refugees, but maintained efforts should first be made to enable them to return to their homes. The EU now intends to put more diplomatic pressure on the Croatian government to try and resolve the outstanding issues.

PLANS for European Union action against racism and xenophobia and proposals for a convention on extradition were discussed. Along with work on a common definition of “refugees”, as contained in Article 1A of the Geneva Convention, the two plans will be considered at the ministers' formal meeting in November.