Eurodac plan sparks power struggle

Date: 04/05/2000

By John Shelley

HOPES of getting agreement on a scheme to fingerprint all asylum seekers could be dashed because of Union governments' reluctance to loosen their grip on justice and home affairs decision-making.

European Commission officials claim member states may be breaching the Amsterdam Treaty by refusing to give the EU executive powers to implement the 'Eurodac' programme.

The scheme is seen as a test case, amid concern in the Commission that allowing governments to get their way would set a dangerous precedent and allow them to wriggle out of their Amsterdam commitments to relinquish some control over justice and home affairs decision-making.

"There is a big question mark over whether the Council is acting under the articles of the treaty," said one Commission official.

"It could go to the European Court of Justice."

One of the remaining obstacles to the fingerprinting plan was removed last month when the UK and Spain reached a deal on Gibraltar. Other justice and home affairs proposals, including plans for cross-border recognition of divorce and bankruptcy rulings, are now expected to be nodded through at a ministerial meeting later this month.

But the Eurodac plan will have to go back to the Parliament first because of governments' determination to retain their powers.

When they debate the issue, MEPs are likely to repeat their original objections to the scheme, which were dismissed by ministers, including ethical concerns about fingerprinting children as young as 14 and legal concerns that keeping records after asylum decisions have been made may breach EU data-protection legislation.

They are also likely to side with the Commission in its fight to stop governments retaining all their implementation powers, as this would also deny MEPs the right to be consulted on proposed measures.

Hopes of getting agreement on a scheme to fingerpirnt all asylum seekers could be dashed because of Union governments' reluctance to loosen their grip on justice and home affairs decision-making.