[fyeg_gen-l] FYEG says Italian deportations of EU citizens are a grave violation of fundamental

Hanna Noesselt hanna.noesselt at gmx.de
Sat Dec 8 06:08:26 CET 2007


as fundamental to any meaningful democracy as freedom of speach, there 
is freedom of movement. for me, i don't care and don't think about 
conventions, i just follow my common sense.

hanna

Cédric Dartois schrieb:
> Hello Hannah,
>  
> I heard this too about the EU trying to manage a potential refugee influx... 
>  
> Depends where you place the debate on freedom of movement : on a legal aspect or on a more philosohical level. 
> I share your opinion but there is no, per se, unconditional and bounding right of freedom of movement 
> in EU or international law... But... there is always a possibility to have a "right of residency" by putting forward other basic human rights (for instance the right of family unity or illness) to remain in a country (and thus not to be expelled). That was the sense of my previous message.
>  
> Best wishes too,
>  
> Cédric
>  
>> Date: Fri, 7 Dec 2007 12:39:13 +0100> From: hanna.noesselt at gmx.de> To: fyeg_gen-l at listi.jpberlin.de> CC: cedricdartois at hotmail.com> Subject: Re: [fyeg_gen-l] FYEG says Italian deportations of EU citizens are a grave violation of fundamental rights> > in my opinion any kind of deportation is the violation of the > (fundamental) right of freedom of movement.> > i heard the eu is already preparing how to keep potential refugees from > kosovo out in case of a crisis.> > best wishes,> hanna> > > Cédric Dartois schrieb:> > > > > > Hello to all,> > > > I agree with the general content of the press release but I must> > admit that I feel a bit uncomfortable with the way the title has been> > formulated : "Italian deportations of EU citizens are a grave> > violation of fundamental rights".> > > > Under general international law the mere fact of sending back people> > to their country of origin is not a violation of fundamental rights.> > There are a few basic exceptions to this of
 course, such as returning> > a recognised refugee to his country of origin, or a country where a> > person -whether refugee or not- would be submitted to torture- are> > severe breaches of international human rights law.> > > > Sadly we don't know enough about the concrete situation of these> > people who have been expelled (their public order records and how> > serious the facts are -if any-, their roots and family life in Italy> > etc). So I believe that another angle of attack in the press relase> > would have been to stress more on the fact that the situation of> > these individuals has been assessed (if so ?) on a very very short> > period of time making a proper and individual and serious assessment> > of their personal situation impossible.> > > > Indeed under for instance the European Convention of HR, in case of> > expulsion, the situation of every person/returnee has to be assessed> > individually in regard to public order breaches of course, but also> > in regard 
to other considerations such as family life & unity etc.> > Also under HR law the notions of public safety must be interpreted> > restrictively. In this case, we could have a breach of the principle> > of free movement of people, but also of the European Convention of> > Human Rights. But this is under conditional terms of course...> > > > I agree with the idea in the press release that this situation will> > lead, sadly, to more polarisation and stereotyping between> > communities.> > > > Regards and all the best,> > > > Cédric from Belgium Refugee protection officer> > > > > > > > > > > > > > > > -----Original Message-----From: FYEGSent: Tue 06-Nov-07 15:41To:> > FYEGSubject: FYEG says Italian deportations of EU citizens are a> > grave violation of fundamental rightsBrussels, 6/11/2007FYEG says> > Italian deportations of EU citizens are a grave violation of> > fundamental rightsIn reaction to the Italian authorities' deportation> > of Romanian citizens, the result of the ad
option of a decree allowing> > for the deportation of immigrants if deemed to be "a threat to public> > safety", Bartek Lech, Spokesperson of FYEG comments: "Creating a> > climate of fear, suspicion and xenophobia, as the Italian government> > does with its recent decision, will not do anything to improve public> > safety. On the contrary, it will lead to polarisation and> > stereotyping, as last week's attacks against Romanians in Rome have> > demonstrated. Furthermore, these expulsions are a violation of EU> > citizens' fundamental right to freedom of movement, one of the> > cornerstones of the European project. Therefore, we consider these> > deportations not only as socially and morally unacceptable but also> > as a shameful act against the spirit of the EU, if not against its> > laws"Marina Barbalata, Spokesperson of FYEG adds: "This decree sets a> > dangerous precedent. Under current EU law, EU citizens can be> > expelled from a member state if they are a "threat to pub
lic order,> > public safety or public health". However, these criteria are> > completely arbitrary and can be used to expel any unwanted group from> > a member state's territory. In this case, it is obvious that there is> > a strong Romaphobic undertone in the Italian government's acts. This> > has also been demonstrated by the demolition of the Tor di Quinto> > area in Rome, which will only exacerbate the situation, aside from> > being a dubious act on its own. For these reasons, we call upon the> > Italian parliament not to ratify this discriminatory decree. We also> > urge all EU governments to refrain >from using this clause of EU law,> > in order not to create a slippery slope which will make random> > deportations of EU citizens a customary practice".> > [ENDS]contact:Marina Barbalata, Spokesperson of FYEG, + 407 243 970> > 84Bartek Lech, Spokesperson of FYEG: +324 849 459 23www.fyeg.org> > <http://www.fyeg.org/>www.fyeg.blogspot.org> > <http://www.fyeg.blogspot.org/>> 
> > > > > ------------------------------------------------------------------------> > > > > > _______________________________________________ FYEG general e-mail> > list mailto:gen-l at fyeg.org list information page > > http://listi.jpberlin.de/mailman/listinfo/fyeg_gen-l



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