European Voluntary Service & Social integration of young persons at great risks

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EUROPEAN FORUM FOR URBAN SAFETY

SECUCITIES INCLUSION

How Can the European Voluntary Service Initiated By the European Commission Better Contribute To the Social Integration Of Young Persons At Great Risk ?

Study

Written by : Adélaïde Vanhove, Head of Project

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Our thanks go to all the persons who, either through their experience or by their warm welcome, have contributed to the culmination of this project.

Without the active participation at the seminars of our partners Andrea Ricci (I), Aziz Zaouat (F), Béatrice Colas (F), Elena Fabris (I), Elisabetta Bergia (I), Lara Pizza (I), Livia Grasselli (I), Marco Fiorito (I), MarieAgnès Chopin (F), Marta Santos (P), Mercedes Arcoya Pérez (S), Mónica Afonso (P), Mustapha Boudjemaï (F), Patrick Buquet (F), Pier Giorgio Romani (I), Roberto Mora Marquez (S), Sandra Chaplet (F) ; and of our long standing Italian volunteers (Maria Chiara Biondi et Michela Scatena) this study would not have been realised. We also wish to warmly thank our experts Mrs Amanda Howells and Mrs. Anne Hewitson (Crime Concern, Programme Mentoring Plus), Mr Xavier Stevenaert (Belgian Department of Justice), Mrs Térézinha Lecompère (French Forum for Urban Safety) for the quality of their interventions. Finally, we express our deepest gratitude to Mrs Camilla Wikstedt of the European Commission (DG Education and Culture), Ms. Annika López Lotson (Association of Voluntary Service Organisations), Mrs Hazel Low (Steb-by-Step), Mr. Gilles de Kerchove (Council of the European Union, Justice et Interior Affairs), Mr. Stevie Bennett (Mentoring Plus) as well as all those who gave freely of their time to reply to our questions and sent us relevant documentation and information.

C. Tascon-Mennetrier Director of Programmes European Forum For Urban Safety

With the support from the European Commission, DG Employment and Social Affairs. « Neither the European Commission nor any person acting in its name is responsible for the use that might be made of the information below. »

English translation : Anita Nickols, Roumiana Demange

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Preface

The sound and the fury of our wars and catastrophes fill global space; money circulate at the speed of light; viruses couple with our internet circuits; charter flights take vast numbers of people to the four corners of the world. To move around has become the sine qua non condition of social and professional success. To think globally in order to take local action: globalisation is on the march. Terrorism and criminality have linked up to this globalisation process.

Poverty provides no opening to the world. It is global but it fastens people to portions of territory or time ridiculously minuscule in relation to space occupied and crossed by a person of a higher social status. All the observations on poverty conducted in Europe reveal the unbelievable mental and psychological constriction entailed by the incapacity to see oneself as belonging to multiple worlds providing access to a variety of cultural, social and educative resources. The young people from these kinds of milieus give the appearance through music, cinema or sport of participating like others in the global movement. In fact, the weight of their social condition maintains them in a state of underdevelopment, sometimes taking a turn, dangerous for them and for society, towards criminality.

Policies of prevention developed in the form of measures of social and economic integration, and of access to mainstream culture face a number of difficulties in engaging the young, all the greater if the latter are engaged in perilous trajectories, punctuated by drugs, by an activity linked with criminality, stigmatised by passing through social, judicial or penal institutions, in a care home and vice-versa. All social workers express a powerlessness to put a brake on this spiral of frustration in which the young are ensnared.

What to do ?

Some experiences, still insufficient in number, have placed on the agenda what can be called the surprise or shock effect. Such an effect could engender an awakening in the person that allows him/her to recommence a dialogue with it and thereby allowing for the picking up again on the pertinence of cultural openings, of social and professional qualifications. The rupture with the spiral of frustration comes often with a journey, a stay in a totally new environment. This environment rouses at the same time a fear and a curiosity.

It is a challenge thrown to the young to demonstrate his or her capacity to dominate this environment and not simply to confine oneself to the role of aggressor and dominator developed in his family or in his neighbourhood.

Everyone senses the rightness of the idea. But between the idea and its realisation there is a world made up of regulations, of rights, of financial and administrative procedures. To allow a young person who has had contact with the law in his country to leave for a few months for another country is not something to be acquired in our world of transparency and of free circulation. Nor is it a simple matter for a counsellor to make contact with a young person who does not speak his language. It must be done, however, because it can be well imagined that the results of such experiences require a reinforced framework of high quality.

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These requirements can only be met within the framework of the creation of a network of professionals and institutions that want to learn all about it, to know the ways of working of another. Hence, it is necessary to train, to familiarise contacts between persons often not speaking the same language. It is necessary to create common instruments for evaluation, and for correcting mistakes.

To such professionals we think it would be useful to add voluntary workers, volunteers from amongst social workers and professionals working in different fields. The mobilisation of civil society must also be made around the young. Its skills are needed for detailing the sojourn; also for introducing a more relaxed relationship with the young; for allowing the young to observe adults in full possession of professional, cultural and social skills. The reticence of professionals from certain countries that has kept the representatives of civil society on the sidelines needs to yield to the interests of the young.

Those in charge of the European Voluntary Service (EVS) have accepted to pick up the challenge, through the setting up of pilot projects, of placing abroad young people from difficult backgrounds, with the aim of encouraging a new start to living. After a two year experience with for the European Forum on Urban Safety, that concerned only about 30 young people from disadvantaged backgrounds, we had hoped to conduct a deeper study on the outcomes of EVS initiatives for young people in difficulties, including young people leaving prison, care homes or from detoxification centres. Their special status does not allow us to make an immediate start for the project. We need to make a study of the judicial conditions for the placing of young people abroad. This is what remains to be realised. Will such young persons contribute to the construction of Europe ? Can the sum of their disadvantages be turned into a positive ? We believe so. Access to Europe needs to be egalitarian. The rubbing against another culture is not reserved for an elite. To forget these principles on which our democracies are founded would be to take the side of a particularly dangerous inequality. Globalisation is for everyone.

Giuliano Barbolini President of the European Forum for Urban Safety Mayor of Modena (Italy)

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SUMMARY

1/ AIMS AND OBJECTIVES, METHODOLOGY AND NETWORK OF PARTNERS 1.1.

1.2.

1.3.

Aims and Objectives Methodology Network of Partners

2/ EVS : FOR WHOM ? AND WHY ?

2.1.

2.2.

2.3.

EVS is also an excellent opportunity for young people who face specific problems EVS as a tool for the integration or rehabilitation of such persons The volunteer’s status : a necessary debate to pursue

3/ COMMUNITY AND NATIONAL LEGISLATION 3.1.

3.2.

3.3.

EU legislation National legislation The particular status of young adults under penal law

4/ AGAINST THE SOCIAL EXCLUSION OF THE YOUNG : A STRUCTURED EVS, SEVERAL CITIES ENGAGED 4.1.

4.2.

4.3.

4.4.

4.5.

4.6.

4.7.

An individualised project for each young person Network leadership Local partnership in towns and cities Management of the project Trained professionals Mobilisation of civil society A well organised transnational partnership

Bibliography

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1/ AIMS AND OBJECTIVES, METHODOLOGY AND NETWORK OF PARTNERS 1.1. Aims and Objectives On 20 July 1998, the European Parliament and the Council of Europe adopted decision 1686/98/CE, setting up the community action programme "European Voluntary Service for Young People".

From the outset, the general objective of this programme has been "to activate the mobility of young Europeans within the framework of an active citizenship, to enable them to acquire a learning experience in several fields of activity, to promote their active contribution to the service of constructing Europe as well as the co-operation between EU and third countries, in the course of their transnational activities towards a collective good ".

Furthermore, one of the specific objectives announced in the programme’s description was the following : "particular efforts need to be made to benefit those young people who, for cultural, social, physical, economic or geographic reasons, have greater difficulty in participating in existing programmes".

Two years later, on 14 December 2000, the Council and the representatives of the member states, stating in an official report that "the young, notably the most disadvantaged, are particularly exposed to the risks of social, economic and cultural exclusion" passed a resolution in relation to the social integration of young people by which they agreed to "promote considerable access to all young persons to community or nationally based programmes, notably on the issue of mobility."

Inclusion of young people facing difficulties is one of the main priorities for the Youth Programme of the European Commission during the two next years. 1 It is within this context that the European Forum on Urban Safety (EFUS), a network extending over 300 European cities, has taken part in the European Voluntary Service (EVS) project, since 1998, by mobilising a certain number of local European collectives around this theme.

Base on In-depth previous experiences, notably within the context of the Sécucités Insertion project (1993-1995), registered within the MED-URBS programme of the European Commission, towns of the EFUS network have wanted to continue to demonstrate that the reciprocity of engagement with young disadvantaged people, by the towns involved, continues to tally, and is perhaps more needed today by some European towns, and that it carries significant outcomes in terms of social integration.

Granada, Parma, Evreux, Lisbon, Argenteuil, Alcobendas, Epinay-sur-Seine, Capannori, Amadora, Saint-Herblain as well as Turin have also participated during 1998 and 1999 in bilateral exchange placements of young people, with the aim of giving them the opportunity 1

Look at “Report from meetings on a strategy for inclusion for the Youth programme”, European Commission, 2001.

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to overcome their difficulties and to be part of a logical construction of a life project that has a European dimension.

This innovative pilot project, characterised by a rupture with living conditions marked by too many frustrations, and tested by the European Commission within the framework of EVS, has taken the format of a six month stay in a foreign city, that is preceded by a two month preparation period, and followed up by a two month period of assessment and putting things into perspective.

An evaluation of these two initiatives co-ordinated by EFUS makes it clear that the results have been very positive for young people at all levels: language learning, access to culture, knowledge and skills development. Of the 34 young volunteers who participated in the programmes over a two year period, 27 are undertaking a process of social reintegration following their return, some have found work and others are engaged in vocational training.

This encouraging evaluation has provoked us to propose to the Directorate General for Employment and Social Affairs of the European Commission, under its programme "Assistance For Cooperation Between Social Solidarity Institutions And For The Development Of Civil Dialogue – Preparatory Measures For The Promotion Of Social Inclusion", a study to find out "How The EVS Contribute Or Can Better Contribute To The Social Integration Of Young People At High Risk ?"

Effectively, the struggle against social exclusion and the prevention of delinquency are part of the objectives of EU, reiterated in the Treaty of Amsterdam (article 136) and in the Council of Tampere.

Article 137 § 2, line 3 of the Treaty of Amsterdam envisages the existence of « measures designed to encourage co-operation between Member States through the perspective of initiatives seeking to improve knowledge, developing the exchanges of information and better practices, to promote innovative approaches and to evaluate the experiences in order to fight against social exclusion ».

The European Commission defines exclusion as a multi-dimensional phenomenon, going beyond problems of unemployment and manifesting itself through several types of destitution and obstacles that, alone or in combination, impede full participation in domains such as education, health, environment, housing, culture or access to rights. 2 According to the last figures from the European Union made public (1998), 18% of the population, or about 60 millions of people, live in socially difficult conditions and nearly half of them live in poverty over several years. This rate varies from one country to another : it is 8 - 9 % in Denmark and Finland and 22 – 23% in Portugal, Greece and UK. Following the European Council of Lisbon, the European Commission presented, in June 2000, a proposal of the decision of the Parliament and Council seeking to encourage the co-ordination of efforts of Member States in the matter of the struggle against exclusions.

Moreover, the European Council of Tampere insists, in its conclusions, on the necessity of integrating « aspects linked to the prevention in actions of the struggle against criminality » and underlines the importance of «developing the exchange of better practices, of 2

Communication of the Commission, « Construct a Europe of Inclusion », 03/01/2000.

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reinforcing the competent national networks for the prevention of criminality as with the cooperation between specialist national agencies in this domain [...]. This co-operation could, above all, have as priorities delinquency amongst the young, urban criminality and those linked to drugs. Âť As of the moment, we know that this is not an easy venture, but EVS presents an interesting opportunity that is worth making better use of for such young persons, knowing that it is necessary to make proposals concerning the escorting of volunteer placements as well as for the training of escorts ; about the global management of the of the project ; and, also about the co-operation between the judiciary and the police of participating towns. All this with the aim of better facilitating the experience and developing a feeling of European citizenship amongst the disadvantaged young.

1.2. Methodology 1.2.1. This study is the fruit of exchanges, often lively and always constructive, that took place between ourselves and our partners during three seminars : -

16-17 February 2001 at Paris 6-7 April 2001 at Turin 30-31 August and 1 September 2001 at Lisbon

The partners, coming from eight different towns, have participated with EFUS in the EVS programme, as tutors and professional trainers. Therefore, it is their experiences that have provided us with the food for thought and to collectively consider about the conditions of success for an EVS accessible to young adults at risk.

Our first seminar (Paris) had two aims : on the one hand, to examine the strengths and weaknesses of the projects led by EFUS in 1998-1999, from the points of view of the young person, the receiving organisations as well as those that sent them, the persons escorting them and finally from the point of view of the outcome, that is to say, most importantly from the point of view of social integration ; on the other hand, it was to analyse the profile of the young person and the escort before during and after the stay abroad.

In addition to the professional experience of our partners, we were able to profit from the presence at the seminar of a former volunteer of the EVS programme, an Italian who left during 1999 for the city of Le Havre, in France, for the duration of six months. His testimony enriched our analysis "from the point of view of the young."

The Anglo-Saxon experience of the mentoring scheme for young people at risk seemed to be a hypothesis around escorting that could be applied to our programme. The point being to put into contact each young person with an accompanying adult (a mentor) who follows the young person (the mentee) closely, and aids and encourages him or her to complete the placement programme.

During the second seminar (Turin) we had wanted to discuss these matters with our partners, and also with the assistance of two experts : Amanda Howells, consultant to Crime Concern, who had set up the Mentoring Plus scheme, and Anne Hewitson who works as a volunteer with this programme.

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This working hypothesis – the fact of adding adult volunteers to EVS in order to accompanying the young person abroad when the professional volunteer does not have the means to do so – led us to think about the role of volunteers and professionals at the core of the programme ; about the training required ; and, lastly, about the tasks and functions of each.

Two former volunteer placements of the programme also participated in this seminar, thus bringing to it their points of view about the type of accompaniment required.

Lastly, the third seminar (Lisbon) had the following aims : 

to examine, with reference to national and EU legislation, the possibilities for the placement abroad of young adults who are under court orders or who are drug dependent in treatment.



to present to partners a person specification for the professional responsible for accompanying the young person, and to propose some training for such professionals adapted to the EVS programme and open to young people at risk.



to outline the difficulties in relation to the statutes governing young volunteers in different EU countries, and to make proposals in order for this statute as well as the young volunteer to be acknowledged equally7 across the 15 countries.

The outcomes of these three seminars have been extracted and integrated within the fourth chapter of this study.

1.2.2. Between each seminar, the head of the project has made contact and held meetings with "resource persons" who have brought to us complementary information about other experiences that have been carried out with young people at risk, within the framework of EVS or other transnational programmes. On the question of European legislation, we have interviewed numerous jurists (judge applicants and examining magistrates) from the 15 member states. This information has been enriched by the researches we have carried out in different centres of documentation.

1.3. Presentation of the Network of Partners Stranaidea, S.C.S. a.r.l. – Turin (Italy) Stranaidea is a social co-operative organisation (agency with non-profit making social aims (ONLUS) that co-ordinates and develops projects in the domains of social welfare, health, education services in particular. Its main focus is on young minors in difficulty, handicapped persons, people with mental health problems and people dependent on drugs. It particularly concerns itself with educational activities for young minors in prison as well as with the professional training of young people in difficulty, identified by the municipal social services.

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Eumeo Cooperativa – Parma (Italy) Eumeo is an independent social solidarity cooperative, initially attached to the ‘Gruppo Scuola’ Association.

Its mission is to offer services to young people designated as "presenting with deviancy risks" because of their association with anti-familial and anti-social situations.

It develops gardening, park and garden maintenance activities in public and private sites. It makes interventions with young people in educational, extra-curricular, professional, familial and cultural environments.

Presently it consists of 5 professional instructors and an objector.

Comune di Capannori, Youth Service (Italie) The main activities of the service for the vocational guidance, training and providing information for the young people of the town of Capannori are : 1) 2) 3) 4) 5)

Information for young people Drop in and career guidance for young people looking for work Follow through of conscientious objectors and civic services Setting up and follow through of EVS projects The co-ordination of training centres called "Job" (workshops for joinery, restoration and decoration)

Setting up and follow through of the professional placement of young people and training benefits.

Los Primeros Association – Granada (Spain) The Los Primeros Association works principally with minors and young adults in the northern part of Grenada on educational projects from sport, school support, personal and professional vocational guidance. It also takes part in the following programmes :  D.E.D.A.L. : education across sports games  LUDEP : sporting activities for minors and young adults  M.T. : drug prevention work amongst minors in the northern zone of Grenada 20 volunteers and three salaried persons are working there presently.

Gebalis, E.M. – Lisbon (Portugal) Gebalis is a municipal set-up for the management of the housing estates of the town of Lisbon along the lines of the financial, social and housing plans of the municipality.

Nearly 20 quarters approximating to about 15,000 homes are today managed by Gebalis.

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Its principal aim is to promote the quality of life of those residing in the quarters through the setting up of social development projects, varying according to existing support needs for each of them. For example :        

Centre for support and professional integration Child minding facilities Counselling support for dysfunctional families UNIVAJ (unit for the young people’s activities) Young people’s care homes Professional training Relocation induction preparations Educational projects

60 persons work on these projects and are in contact with the social welfare agencies in each of the quarters.

The priorities for Gebalis are the promotion of social integration of the residents of these quarters, ensuring that they have a positive self-image, and finally to provide them with the necessary tools for a positive relocation package.

Association Point Jeunes – Evreux (France) Drop-in and advice centre for under 25s, Association Point Jeunes combats social exclusion and the disadvantaged situation of young people. Its remit is not so much to give a direct response to the young person but to guide him/her within the framework of an organised partnership, in order to give him/her self-confidence and to enrich networking.

International exchange schemes for young people is one of the preferred means for the association to meet its aims.

Municipality of Saint-Herblain, Return to Work Agency (France) The Return to Work Agency (SIE) of the town of Saint-Herblain is situated at the heart of the Communal Centre of Social Action (CCAS). It is attached to the Directorate for Social Solidarity and the Region for everything concerning social integration, and to the Directorate for Human Resources for that which concerns employment.

The principal mission carried out by the service around social integration is one that lies at the heart of PLIE (local plan for economic integration) which is itself part of the urban community of Nantes.

SIE concerns itself with those seeking work outside of PLIE : careers guidance, advice, indicating the situation with regard to job offers, etc. It follows through these three basic sorts of assistance for young people and manages CES and CEC contracts signed with the mayoralty.

Epinay-sur-Seine, Directorate of Social Development (France)

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The Directorate of Social development of the town of Epinay-sur-Seine has the following objectives :   

The social follow up of vulnerable members of the public, their access to rights and family support ; Participation in local life, access to leisure activities, and community participation and integration ; Civic education and prevention with reference to children and young people.

The directorate brings together three services : Youth service, community participation and citizenship, social integration and clubs.

All the partners in this study have participated in one way or another with the EVS programme during 1998 and 1999.

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2/ EVS : FOR WHOM? AND WHY ?

In theory, EVS addresses itself to all young people aged between 18-25, and the European Commission has strongly expressed its willingness to enlarge access for those who face particular difficulties. In this study we concern ourselves with the conditions of success of EVS for those young people who have not until now had the necessary profile to take part in the programme of European exchanges.

2.1. EVS is also an excellent opportunity for young people who face specific problems 2.1.1. A Profile of the Young The programme needs to take into account all the types of difficulties that can be faced by young adults ; to know the difficulties of the order : - Socio-economic (in particular the young without diplomas and qualifications); - Familial (orphans, who have experienced a break with the family, parental violence, etc.); - Scholarly (un-schooled, who have dropped out or been rejected by the system); - Sociological (living in deprived areas, belonging to a gang, victims of racial discrimination...); - Psychological (have been abused or aggressed, experience depression, attempted suicide, show slight behavioural problems...); - Legal (has committed offences, prison leavers...); - Health (have been drug abusers).

Frequently, the difficulties overlap, making social reintegration even more difficult.

We touch here on the problem of terminology concerning this specific section of the public.

Should one speak of the young disadvantaged, the young at great risk, or yet again the young who face difficulties ? This question has been raised at several meetings concerning the integration of these youngsters. 3 The EVS working group on "The Prevention of Risk and Crisis Management" used the expression "young people facing difficulties" in order not to stigmatise but rather to take into consideration their "specific needs" and "to respond as effectively and clearly as possible" 4 .

The objective of this EVS project is to give to these young “a wish to” and to “capacitate them” to take initiatives, become self-reliant, become responsible, listen and understand rules and norms that need to be respected and adapted to…

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Look particularly at the “Report of the Working Group on Inclusion”, published in relation to the conference “Maximising Inclusion”, organised by the European Commission and SOS (Structure of Operational Support), 1998-1999, p. 1.

4 In “ European Voluntary Service ”, Working Group on the prevention of risks and crises. Final Report” SOS, European Commission, Brussels, September 2000, p. 5.

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The preparation period of the project will largely be devoted to this work, to measure the motivation and the capacity of the young for participating in EVS. Such young persons, residing in EU, could equally be from another EU country or from a third country (cf. page...).

In the third chapter we will examine three cases in greater depth: -

those leaving prison those in contact with the justice system those that are dependent on drugs 2.1.2. Young Adults: An Age That Sometimes Poses Problems

The young adults presents with psychological and social characteristics that are appropriate to place in evidence if one wants to understand the types of difficulties they encounter in their paths.

Is there a need to burden ourselves with numerous studies in the psychology of development in order to confirm that the young adult, be he delinquent or not, finds himself in an uncertain phase, that is full of doubts and anxieties, uncertain as to his identity, often open to influence, still too close to childhood and not yet belonging to the adult world ?

Along a sociological grid, the young adult of today, and a fortiori the young person belonging to the less comfortable social couches of the population, equally often confronts a period of uncertainty, of loss of confidence and of motivation, and an absence of a plan for the future. In effect, if at another time he passed more naturally from the educational and familial milieu to a professional one, the young adult of today, in particular from a disadvantaged background, is faced with a prolongation of compulsory schooling, at the devaluation of minor diplomas and the economic crisis in production and unemployment, 5 and the precarious nature of employment. All these factors entail a more or less long period of inactivity and expose one to the risks of deviancy and delinquency. The use of drugs is but one example of this existential malaise, of disillusionment and of standstill.

Generally speaking, since the mid-1980s, figures for juvenile delinquency in Europe have remained relatively stable, but violent behaviour by young people has sharply increased.

This upward trend is particularly steep among adolescents. Above all, the proportion of young people (in relation to their age group) who report regular violent behaviour and/or bullying is growing dramatically: the increase in the number of minors involved has been described as an explosion.

These are alarming findings, particularly in view of the established fact that violence can have serious physical, psychological and social consequences for young people - whether they experience it as victims or as perpetrators.

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Although unemployment has tended to lessen in EU, young people are twice as likely to be unemployed than those over the age of 25. “In Spain, Finland, and Italy, the rate of youth unemployment rose above 30% in 1999 and even above 50% in some regions of southern Italy and Spain.” In “European Unity, Solidarity and Regional Diversity”. 2nd Report on Economic And Social Cohesion, European Commission, Volume 1, January, 2001, p. 20.

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Violence within the family is a determining factor in young people's violence, although their forms of violence are greatly influenced by street culture. Violence by children and adolescents appears to be inextricably linked with the violence they have been subjected to; thus aggressive behaviour is transmitted from parent to child.

As we said, violence (incidence of voluntary homicide, for instance) is also linked with economic inequality, and in particular with the existence of areas of exclusion. Where there is a growing gap between the rich and the poor, there is a concomitant erosion of natural and legal organisation.

Discrimination in all its forms (by age, ethnic origin, domicile) is a contributing factor to juvenile violence, especially when it is a long-term obstacle denying access to employment.

Finally, we remark that acquisition of goods is not always the goal of juvenile violence.

Frequently, violence is a form of protest, of self-affirmation, of self-defence which adopts different forms and targets in different countries. In each place, young people find their own violent ways of staging social disorganisation.

- The increase in self-inflicted violence is alarming: the rate of suicide, particularly among young males, has risen sharply, and drug addiction is spreading in working-class neighbourhoods, where young people become involved in drugs at a later age, after experiencing hard times, failure, small-scale dealing.

- Mutual violence between peers in some age groups, and between young people in poor neighbourhoods.

- A sharp increase in the incidence of degradation and destruction of public and private property (occasionally spectacular, as in the burning of cars in France): this is the form of violence with the highest rate of increase.

- A spectacular increase in juvenile violence in usually protected areas such as schools and means of public transport. In all countries, schools are the place and the source of considerable violence (violence between pupils, between pupils and teachers, bullying). In France and in Belgium, public transport is the preferred target of violence by young people, resulting in serious damage, both in human and in material terms.

- One such form of violence, known as "hate crime", has become a major problem in the United States, along with racist violence. Young people in socially vulnerable situations are responsible for most of the violence against socially vulnerable ethnic minorities (especially in Germany).

Generally speaking, crime (and violence) can mark a period of transition, and most young people with violent behaviour patterns will eventually break away and head towards economic and social integration. Others will persevere in a life of crime and violence which will become for them a substitute for, or an informal component of "legal" integration. 6 We know any way that by virtue of their age, young people are capable of adapting themselves to new situations, of modifying their behaviour and of “engaging their life in new directions for the future. This all would be far more positive if the young were “ to acquire the conviction that they were respected for themselves, that they were accepted amidst 6

These reflections on youth and violence in the towns have been taken from Introductory Report at the Naples Conference “Security and Democracy” organised by the European Forum on Urban Safety, in December 2000.

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their moments of doubt and anxiety, that they were being encouraged to take moral and personal responsibility as with self-control “ 7 .

We are convinced that an well-organised European Voluntary Service would allow the young – or at least help them to – “negotiate this delicate headland situated between the physical and psychological turmoil of adolescence and the age of maturity.” 8

2.2. EVS as a tool for the integration or rehabilitation of such persons 2.2.1. “Rupture” As Pedagogy for A New Departure Numerous authors, novelists, poets, ethnologists and adventurers have eulogised the journey, as a veritable “mirror wherein to observe ourselves in order to know ourselves from a good angle”. 9 Hence the journey or more simply the displacement has this pedagogic function that enables self-discovery through the discovery of the Other. Similarly, it can be confirmed that it is the encounter that is to say the coming face to face with the others that creates or forges our identity.

Indeed, we touch upon a paradoxical aspect of displacement: on the one hand it destabilises and, on the other, it strengthens. “It destabilises because it causes one to lose the usual references of life, of places, of relations as to identity. It strengthens because it allows one to take account of its specificities, of its difference from the other and of its belonging to a much larger organisation”. 10 Now, we have seen that for reasons of a psychological and sociological order, some young adults find themselves in a phase of instability, identity crisis and in a process of repeated obstacles.

All too often, for them all actions they undertake take them along a dead-end road. These obstacles repeatedly designate to them, vis-à-vis themselves as though they are incapable of arriving at positive result. Once internalised, it is truly difficult to overcome this negative self-image.

The professionals who accompany the young towards social inclusion well understand that it is necessary to extricate the young from this environment that permanently reflects back this “deformed image”, and that generates only discouragement, rebellion, and the search for other means of subsistence, more or less licit, and that leads them to a marginalisation, and even towards a total loss of liberty.

In Young Adult Delinquents and Criminal Policy, Acts of the 10th Criminological Colloquium (1991), European Committee on Problems of Criminality, Criminological Research, vol. XXX, Council of Europe publications, 1994, Introduction, p. 7.

8 Idem.

9 Montaigne, M. de, Essays (1580-1588), Complete Works, Paris, Gallimard, Bibliothèque de « La Pléiade », 1967, p.157.

10 Genève, M., « A quoi sert la mobilité ?», in Echanges et mobilité des jeunes en Europe, under the direction of J. Kraus, UFCV, Document of the INJEP, n°20, April 1995, p. 32.

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“Go elsewhere” implies the practice of mobility, the search in another environment for new resources, but also for conceptualising, constructing and putting to work a new project.

For some youth, to leave one's environment, even if it is one that sends back a negative image of oneself, is not an easy operation. This is because they have made ties there, known places; at times pacts of "counter identity" that holds them back in the area. Hence the importance of the work of communication with these young people in order to provoke in them "a break", a realisation of the stakes involved in a rupture with their environment.

Within the framework of a mobility project, the professional is charged with the preparation of the young for a departure, by establishing a relationship of confidence ; by helping them to plan a project in line with their experiences, their hopes and their aims.

Rupture is thus a "highly paradoxical concept" 11 . At the same time it "designates" the action by which something is broken and the outcome of that action. 12 The educate interventions that utilise rupture as pedagogy consist of helping the young to renew these links within the context of a new project.

Rupture is not, therefore the state of fracture but the capacity to mobilise efforts for the building of social links. To do this, it is necessary to reunite the ensemble of elements helpful for the transition from one state to another and to define a favourable framework wherein the guidelines and rules are clearly defined. 13 The pedagogy of rupture may be defined as follows : ²  Rupture as new departure: rupture is a reinvestment of what one has in a new way. To work on rupture is to re-socialise. It is to extricate oneself from one system into a new one.  Rupture is chaining up the barriers: to practice rupture is to break with the circularity of a path of barriers lived by the young.  Rupture as a thought out act: rupture is not a spontaneous act. It requires a flexible and rigorous preparation and places the emphasis on an act freely and maturely reflected upon.  Rupture as the generator of stability: to work on rupture is to work on the stability of an individual, however paradoxical that may appear.

Professionals are agreed upon the necessity to develop the human and material resources indispensable for setting up and management of the path the young have chosen to practice the rupture from their environment.

11

Look at Safi Hadj Safi, Bourse d’Echange Nationale : un programme d’insertion jeunes basé sur le principe de la rupture -Comprendre la rupture pour favoriser l’accompagnement et l’insertion des jeunes rencontrant des difficultés en lien avec ce processus, Postgraduate study « Conception Réalisation Evaluation des Programmes Insertion Jeune » under the supervision of Mr Jean Barnes, Université Paris 13 Villetaneuse, October 2000, p.17.

12 Idem.

13 Idem.

18

Finally, here is how the young volunteers who have lived the rupture testify to their experience : "This rupture with the world I was accustomed to living in over 22 years, has helped me to better understand my limits and my abilities at the same time. (...). The opportunity to meet people from another country, of another origin, speaking another language, has enormously enriched me, above all on the human plain."

"This programme has helped me to become more independent, self-reliant and responsible."

"Thanks to this experience, I have also made a rupture with my family, while still keeping in touch with them."

"This Experience has been very important for me because it has helped me to grow up, even if the adaptation was difficult at the beginning (homesickness, a language I didn't know, a new reality, living with a foreign person...). It has been very gratifying, it has allowed me to recognise the strength of my personality but also to understand that I am capable of disentangling myself from on my own.”

“I have found confidence in myself again.”

“It has allowed me to make a restart on more positive bases.”

Following an assessment carried out on their return, with the young who had participated in the programme, National Bursary of Exchange (Bourse d’ Echange Nationale) 14 , in France, 33.3% found it very important to implement a rupture, and 66.6% found it indispensable.

Within the EVS context, one could imagine that, for certain of them, residing in an EU country but originating from a third country, and thus often confronted by the question of cultural identity, the mobility and the discovery of another, could provide the occasion : -

-

To acknowledge that they belong to the organisation of where they reside. Thus, certain immigrant youth in France of north Africa origin, who had travelled under the aegis of Jeunesse pour l’Europe, returned saying; “it’s the first time that I had the feeling of being French” 15 ; To equally acknowledge that they had taken part in a common European arena, and to discover or to reinforce their European citizenship.

In this respect, a former volunteer of EVS who had participated in the first two seminars, had confided that the day when she had decided to participate in a European dimension programme – bringing together numerous other youths, coming across like her some difficulties and living or having lived the same kind of experience of mobility – she has felt much more motivated.

14 15

Exchange Programme for young people based on a French cities network.

Genève, M., « A quoi sert la mobilité ?», op. cit. p. 33.

19

To overcome social rupture by a geographic and cultural rupture is what seems to us to be the building blocks of the struggle against the exclusion of young people. The EVS programme needs to allow to demonstrate this.

It is well understood, that it does not mean to send “no matter who no matter how” to a foreign town for a variable duration. On the one hand, all the young have neither the desire nor the capacity to travel; on the other, the modalities of accompanying someone need to be seriously analysed. We shall return to these two important aspects in the final chapter.

However, we can already think whether all the conditions of success have been brought together, “which stays abroad need to be allowed for the young – or at least to some of the young -, in order to reconstruct a positive self-image”, as envisaged elsewhere by the European commission at the start of the programme. And this, moreover to acquire new social competence and/or professional ones, and to learn a foreign language.

2.2.2. “Accompanied” Rupture as an Alternative to Incarceration More specifically concerning those young persons who have had dealings with the police and with justice, it seems to us that there also EVS could be, in certain well targeted situations, very helpful as much to the young as to the organisation.

In any case, two reasons encourage us to envisage it, which can be added to those already mentioned for all the young at risk, be they delinquents or not.

The first of these concerns the importance of recidivism amongst sentenced young persons. In effect, as shown by Mrs Junger-Tas in her study on the whole of EU, “the younger the person at the time of first conviction the more numerous will be new sentences. Thus, for these young persons, to be considered as young adults, two-thirds will be sentenced again within ten years. In other respects, the numbers of offences committed by recidivists seem to augment with age.” 16 We have questioned ourselves about the real causes of recidivism : is it age as much that determines the risk of recidivism or is it the prison milieu where young delinquents find themselves ? To put it another way, does prison not promote the sense of rebellion, of defiance, of incomprehension and powerlessness in the face of the political and judicial system ?

This leads us to the second reason that we evoke in order support our project to equally involve the participation in EVS of some youngsters having a judicial past. It concerns the over-population of prisons 17 and thus the necessity to find alternative solutions to imprisonment in certain precise cases of sentencing.

16

Junger-Tas, « La nature et l‘évolution de la délinquance des jeunes adultes » in Jeunes adultes délinquants et politique criminelle, op. cit., p. 55.

17 The “over-population” ” is the inadequacy at a given moment, between the numbers in detention and the prison intake capacity. Look at Tournier, P.-V., « European Prisons, Prison Inflation and Overpopulation », March 2000, Report to the European Council , Prison overpopulation and Prison Inflation, Recommendation N° R (99) 22, adopted by the Committee of European Council of Ministers, 30 September, 1999.

20

According to the Council of Europe sources 18 , several European countries today are faced with the overpopulation of prisons. Thus, in 1997, Sweden 4% of establishments overpopulated, Denmark 10%, Finland 12% and the Netherlands 23%. In Ireland, France, Belgium, England and Wales, Italy and Spain 50% to 75% of establishments were overpopulated and the rate rose to 80% for Portugal.

These statistics are sufficient to imagine the extremely negative effects that such situations can have on the living conditions and, therefore, on the health and emotional well-being of those detained.

Understood, that over a certain number of years, one has seen classical models of sanctions substituted by new models that give a different sense of penal interventions. As far as young people are concerned, these alternatives are particularly important. For them, in effect, prison hardships do not appear to constitute a well adapted reaction, and in the majority of cases it is other types of intervention that seem to offer a better choice.

EVS could take part in it on the condition that the profile of the young volunteers is well focused; that the professionals charged with accompanying them have received adequate training; and, that the different parties involved in the programme manage to collaborate perfectly with each other. These are the points to which we shall also return in the fourth chapter of this study.

For the present it is important to encourage the different national governments and entreat Europeans to come together to continue to develop measures of prevention or justice policies. 19 Within the aims of responding to the legitimate need for the social integration of young people at great risk. What we propose in this study is that EVS can perhaps can manage one of these measures.

The question of a statute for young volunteers in EU can only confirm the importance and urgency of making it effective.

2.3. The volunteer’s status : a necessary debate to pursue 2.3.1. Towards a better understanding of the volunteers statute 20 Another obstacle that can be encountered by the young, whom we wish to give the possibility of participating in EVS, resides in the absence of a proper statute of volunteers in the different EU member states. This is relevant to all young adults irrespective of their profile.

18

Source : European Council, Prison overpopulation and Prison Inflation, Recommendation N° R (99) 22, adopted by the Committee of European Council of Ministers, 30 September, 1999.

19

We take the definition of criminal justice policies proposed by Mireille Delmas-Marty as : « an ensemble of proceedings by wich the social body organises responses to the phenomenon of crime» in Modèles et mouvement de politique criminelle, Paris, 1983, Ed. Economica, p. 13.

20 The statute is an ensemble of laws and regulations that define the judicial situation of a group of persons.

21

The difficulty of obtaining a visa, a residence permit, or the reimbursement for medical care lacks knowledge based upon experience: such are the kinds of problems that are posed today for the participants in EVS. Thus, though the volunteership would largely be spread across the relevant associations of all the European countries, and that the year 2001 has been declared "The Year of Volunteering" by the United Nations, the volunteers statute has an uphill battle to find a place in the different national legislation of EU. To this day, only Spain has legislated on the volunteer’s statute with the law 6/1996 of 15 January 1996. 21 This law covers the different activities of Spanish public and private institutions engaged in the development of volunteership.

It is in part inspired by the recommendations announced in the "European Charter for Volunteers" and in "The Universal Declaration on Volunteership" of 1999.

The concept of volunteership is defined there as "an ensemble of general activities developed by individuals who are not public functionaries. These activities must not be subject to any contract of work or commerce and to no remuneration."

The rights that this statute confers on volunteers are as follows: -

Throughout the period of service, the right to receive information, guidance and support for the realisation of tasks imparted; The right to non-discriminatory treatment, and respect for life, liberty, dignity and beliefs; The right to active participation in the organisation (preparation, execution and evaluation) of the voluntary service; The right to be insured against the risk of accidents and illnesses that could come directly from the voluntary service; The right to be reimbursed for all expenses incurred in the execution of voluntary duties; to carry an accreditation of his volunteer's statute; and to benefit from adequate conditions of security, hygiene where the service is being carried out; To be treated with respect, in recognition of the value of his contribution to society.

Article 3 of this law (§ 4) provides for the "extension of all these rights to volunteers engaged in service abroad".

Spain will hold the EU presidency from January 2002, and an international conference on volunteership will take place in Madrid on this same date. One would hope that this would accelerate the process of the legal recognition of volunteership in other European countries.

2.3.2. Points of Unanimity 21

We rely here on the well documented study by Annika López Lotson, whose principal conclusions have appeared in the bulletin Voluntar-e-news n°2 of the Association of Voluntary Service Organisations (AVSO) in May 2001. Until August 2001, Annika López Lotson was herself a volunteer at the centre of AVSO, in Brussels.

22

The different accounts, reports and contributions in the domain of voluntary service are unanimous on the following points : - The work of a "volunteer" is characterised by the fact that he gathers no salary.

Therefore, he does not replace a salaried person ; does not make profit; does not work to a fixed number of obligatory hours and does not claim social insurance.

- It is necessary to find a legal framework for the volunteers' statute at the European level, in the same way that there existing statutes for students, salaried workers and for young "au pairs".

- It is important not to over-regulate the volunteer's field because the aspect of creativity, taking initiatives, flexibility and adaptability would be quickly lost.

Finally, a campaign for the Voluntary Service is being led this year by several agencies amongst which are CCIVS (International Community Centre for Voluntary Service) and the Association for Voluntary Service Organisations (AVSO) 22 . This collective has taken out six principal themes that will be at the centre of discussions throughout the year: -

Mobility with particular focus on the problem of visas The judicial statute for the volunteer Volunteers and the movement for peace The return of volunteers having accomplished a long stay Access to the Voluntary Service, in particular for young people at great risk Exchanges and inter-regional co-operation

2.3.3. Recommendations of European bodies and of the European Forum for Urban Safety What the European bodies engaged in voluntary action, within which the European Forum for Urban Safety took part, demanded is an ensemble of very concrete legal and regulatory dispositions defining the juridical position of volunteers.

In the same way they postulated that the fact of giving volunteers a legal statute would entail for his line of work a social recognition.

Thus are profiled two dimensions of the volunteers' statute: one juridical giving a legal framework for activities worked by the volunteer; the other social, recognising the important role of public service.

22

It is important to underline that AVSO struggles actively, over a number of years, for the promulgation of European legislation acknowledging the volunteers’ statute.

23

a) The Juridical dimension The fundamental issue is to question the nature of the legal framework prior to covering the activities of the volunteer without much institutionalisation or formalisation of volunteership.

Also the bodies lean towards the promulgation of a European law, giving a judicial statute and a social and academic recognition to volunteership (the validation of professional skills acquired, for example).

This law needs to be obligatorily adopted by all EU member states (notably by the diplomatic and administrative services).

The bodies equally questioned themselves whether or not it was necessary to have a law at the national level in each EU country, on the Spanish model.

Visas One of the practical effects of a European law would be the creation of a volunteer's visa, such as already exists for students and the young au pair... The obtaining of visas in certain countries, and for certain categories sometimes becomes very difficult, because the Voluntary Service is not listed amongst the priorities for visa delivery. Hence the following proposition: -

The Voluntary Service needs to be recognised as a legal activity in the same way as students and au pairs are, to whom the visa is accorded as of right.

Residence Permit Another practical consequence of a law on volunteership would be the obtaining of a residence permit. It could be configured with its own prerogatives, alongside other statutes (he is neither a worker, nor student, nor an exchange, nor an au pair).

-

Proposition: the Voluntary Service must be a legal title, in its own right, with right of residence.

Insurance - The activities need to unfold within the legal framework of international volunteership providing space for insurance, a secure and hygienic environment. Such activities contribute to the public good within the context of recognised organisations.

- The young volunteer must equally be able to be a beneficiary of: - An insurance covering sickness and accidents - A civil insurance (third party liability).

Fiscal It is all requested as for other cases of expatriates: -

Exoneration from taxes and indemnities For young people at risk or great risk, or again from a modest background, that family allowances and all other support for the families of the young not be suppressed, for that would provoke a rejection of the project of the youth. In other words, no financial obstacle should prevent the young from getting involved, notably the most in need.

24

b) Social Dimension The bodies request that the following points concerning the volunteer be observed: -

The personal dignity and integrity of the person The flexibility, la adaptability of his work The expression of his creativity, of his political and religious freedom The expression of his ideals, his philosophy, his creativity The access and the recognition of the diversity of his culture, his experience, his origin.

This needs to constitute one of the basic principles for an animation and a management, basis for all national and international regulation of the Voluntary Service.

-

The law needs to promote social recognition: the great value and utility of the voluntary service

- The law also needs to understand the administrative measures and the labels of quality for the agencies and organisations receiving and sending volunteers.

Non-economic nature (his activities generate a jointly binding economy): -

Not to confuse the salaried statute with that of the volunteer (obligations, injunctions‌) No reciprocity between the work and the indemnities collected by the volunteer His work is free and contributes to the public good, it also allows him to acquire a personal and social maturity (citizenship) His work is based on a free decision, unremunerated, neither moved by personal duty nor legal frontier.

2.3.4. The EU point of view

At the EU level there exists since a number of years a real will to bring to an end a legal framework for volunteership that could be recognised by the ensemble of EU member states.

In 1995, the Commission had already elaborated a communication on the fundamental role of voluntary agencies and recognised the fundamental political, social, and economic role of activities developed by volunteers.

In 1999, the European Centre for Volunteership had asked for the support of all those interested that the activity of the volunteer be recognised as that of a citizen.

In Europe, amongst the shows envisaged for feting the year of volunteership, on 21 May 2001 there was held at Brussels "The Forum of the Convention on volunteership of European Youth". A week of "Activities for Volunteership�, was equally held between 6-13 August 2001. As it was said, this show would fence itself off by a symposium in Madrid in January 2002.

25

The green book, adopted by the Commission in 1996, "Education, training, research: the obstacles to transnational mobility" must by other means observe the obstacles to the existence of mobility.

Hence "the diversity of statutes in member statutes, for students, for people in training, for teachers and for trainers with particular regard to dispositions in the matter of right of residence, of the right to work, of social security or taxation, constitute an obstacle to mobility"; from the same "the fact of not having recognised the specificity of the European Voluntary Service constitutes a clog to the mobility of young volunteers." 23 .

In this respect, the green book proposed a series of action paths to eliminates these obstacles; these were largely approved within the context of debates that had been organised on this subject in all the member states, but have not yet, unfortunately, been implemented.

However, in response to the claims and precise propositions of European bodies, the European Parliament and the Council presented some recommendations 24 , based on articles 149 and 150 of the Treaty and that seeks the following objectives: -

Get the member states to suppress the larger obstacles that still persist, despite community compliance, in matters of the free circulation of students, people in training, young volunteers, teachers and trainers.

-

Invite the member states to introduce strategies tending to integrate the aspect of transnational mobility - in order to encourage these in their national policies applied to groups covered by this recommendation.

The second amendment of this Proposition indicates that "the mobility of the (…) young volunteers - that this be exercised within the framework of community programmes or outside of these - is written in the context of the free circulation of people; this is one of the fundamental liberties protected by the EC Treaty; the right of free circulation and the right of residence besides are recognised for each citizen of an EU member state by article 18 of the EC Treaty" 25 .

From elsewhere "It is fit to allow those from a third country, legally residing, and who participate in a community programme, such as Youth programmes, to benefit from the dispositions of community activities in matters of free circulation and equal treatment (...)" 26 but also "to accord particular attention to the needs of the most disadvantaged and vulnerable groups". 27

23

In Modified proposal of the « Recommendation of the European Parliament and of the Council of Minister regarding the mobility of students, persons in training, young volunteers, teachers and trainers within the Community», Brussels, 5 /10/ 2000, Commission of the European Communities, 11th amendment.

24 Modified proposition of the « Recommendation of the European Parliament and of the Council of Minister regarding the mobility of students, persons in training, young volunteers, teachers and trainers within the Community», Brussels, 10 / 05 / 2000, Commission of the European Communities, 11th amendment.

25 Idem.

26 Idem. 17th amendment 27

Idem., 13rd amendment.

26

In a more general manner, it says that "those who seek to exercise mobility in the domains of education, training and youth, notably students, persons in training, volunteers, teachers and trainers are often discouraged by the numerous obstacles that they face, as is proved by the petitions addressed to the European Parliament; in this context the actions of EU need to respond to the aspirations of its citizens in terms of mobility, in matters of education and training� 28 .

In consideration of these declarations, the European Parliament and Council recommend to member states: -

"To take measures that they judge appropriate to raise the judicial and administrative obstacles to the mobility of persons who wish to undertake a voluntary activity (...) in a member state (...) in the context of community programmes or outside of these 29 ."

"To take measures that they deem appropriate to raise the obstacles to the mobility of people originating in a third country, in the framework of a community programme, (...) to participate in a voluntary experience (...)" 30 ;

-

"To recognise that volunteership constitutes an activity sui generis that cannot, so much as it could, be assimilated to other categories of activities; in particular to recognise that the European Voluntary Service is a distinct activity of remunerated work; to take measures that the deem appropriate so that the national legislative and administrative dispositions to take account of this specificity" 31 ;

-

"To encourage the recognition, within the member state of origin, of the voluntary activity pursued in the host member state, so that the project of informal education, by the way of an attestation of participation of persons in volunteer projects, in a way that favours the recognition of things acquired, conforming to the objective of a common European model of a curriculum vitae, such as that announced European Council of Lisbon." 32 .

-

"To take measures that they deem appropriate so that the social security institutions of the member state of origin delivers the form E111 for the entire duration of the volunteer activity 33 ;

-

Finally "to take measures that they deem appropriate to avoid volunteer activities from being assimilated within a remunerated activity of a salaried nature, notably to exempt the volunteers indemnity, such as lodgings and food from fiscal dues." 34 .

It is extremely encouraging to know that the different amendments and measures cited above have all been retained by the Commission on 5 October 2000. It remains now to render them effective.

28

Idem., 12nd amendment.

Idem, Measure 1.a 30 Idem. Measure 1.h 31 Idem. Measure, 4.a 32 Idem, Measure 4.b 33 Idem, Measure 4.c 34 Idem, Measure 4.f 29

27

3/ COMMUNITY AND NATIONAL LEGISLATION To make young volunteers facing specific difficulties or being under judicial control participate in the EVS programme, we are going to rely on: -

Community legislation concerning the free circulation of people and the co-operation of the judiciary in Europe The national legislation of the sending and host countries of the young The particular statute on young adults in the penal law of different countries.

3.1. EU Legislation 35 Two principal directives of the Council and relating to "the free circulation of people" will allow us to study Community legislation concerning the displacement of young adults under judicial mandate or ex-drug users under treatment, within the EU. We shall also see the specific modalities that apply to those residing within the Community but originating from a third country.

We shall interest ourselves finally in the work of EU regarding the mutual recognition and co-operation of the judiciary that is current.

3.1.1. The Directive of 25 February 1964 (64/221/CEE) The free circulation of people is one of the fundamental rights guaranteed by Community law. According to article 18, paragraph 1, of the treaty instituting the European Community, each citizen of the Union has the right to circulate and freely stay in the territory of member states, conditional upon the limitations and situations envisaged by the treaty and by the dispositions taken for his application.

In particular articles 39, paragraph 3, 46, paragraph 1, and 55 of the EC treaty allowing member states to impose limitations justified by reasons of public order, public security and public health on the free circulation of people. These conditions need to be in conformity with the dispositions of directive 64/221/CEE of the Council, of 25 February 1964. 36 As prefigured in article 2 of this directive, these dispositions are "relative to entry into the territory or to the renewal of the right to residence, or equally to the prolongation in the territory, that are taken by the member states for reasons cited above.

35

Speach of M. Xavier Stevenaert, Belgian Minister of Justice, at the 3rd Working Seminar (Lisbon, 30, 31 August and 1st September 2001) and Working Paper on the Plan for the Programme of Measures Designed to Operate the Principle of Mutual Recognition of Decisions in Penal Matters, Presidency of the Group “Cooperation in Penal Affairs”, Brussels, European Council of Ministers, 07/06/2001.

36 In “ Communication of the European Commission to the Council of Ministers and to the European Parliament on the Special Measures Concerning the Deplacement and Residence of EU Citizens that are Justified for Reasons of Public Order, Public Safety and Public Health” (Directive 64/221/CEE) », p. 3.

28

Article 3 makes precise that "measures of public order or of public security need to be based exclusively on the personal behaviour of the individual concerned" and that "the mere existence of penal condemnation cannot automatically move these measures."

It is interesting to note that neither the EC treaty, nor the directive 64/221 put forward this notion of public order. The member states also dispose of "a discretionary power to determine the reach of these concepts on the basis of their national legislation and jurisprudence, but within the context of Community law." However, "any measure taken for reasons of public order, of public security or public health needs to be validly motivated by a real threat serious enough and touching a fundamental interest of society and conform to the European Convention on Human Rights and fundamental liberties such as the principle of proportionality." 37 Moreover, article 4, relating to public health is also of interest because it indicates that "the only illnesses or infirmities that could justify the refusal of entry or the granting of right of residence are those that re listed in the annex." Now, drug use appears in this list alongside contagious diseases like tuberculosis, syphilis and infectious or parasitic diseases, i.e., those that are mind altering.

Understood, that national legislation could be less strict about the right of residence for drug users and not treat drug dependency as an infirmity that justifies the refusal of the right to enter. Moreover, as underlined by Mr. Xavier Stevenaert, if within the framework of EVS one works with young persons in treatment (those recovering from drug use), it could be assumed that they have given up the use of mind-altering substances.

We must equally make reference to article 75 of the Treaty of Schengen that stipulates: "in that which concerns the circulation of travellers in the destination of the territories of Contracting Parties or in those territories, persons can transport narcotic and psychotropic substances essential for their treatment, providing they produce a certificate signed or certified by a competent authority in the country of residence."

Another paragraph in article 4 of the directive 64/221/CEE stipulates that: "the supervision of illnesses or diseases following the granting of the first right of residence cannot justify the refusal to renew the right to residence or ejection from the territory."

Lastly, the ensemble of these dispositions only foresee that: "the returning of someone from a member state of EU, be concerned with the exercise of a salaried or un-salaried activity, or relating to the destinations of services.� as indicated by the first article and thus not of concern to EVS candidates. Some directives, in particular that of 26 June 1990 relating to "the right of residence", understand the application of this to non-active persons and that ultimately renders these dispositions applicable to our target clients.

3.1.2. The Directive of 28 June 1990 (90/364/CEE) The aim of this directive is "to eliminate the obstacles to the free mobility of persons", and to "allow all European citizens to reside in another country as in his own."

37

In Internet site of EU : http://europa.eu.int/scadplus/leg/fr/lvb/123010.htm

29

The member states agree the right of residence to those originating from another member state who do not benefit from this right by virtue of other dispositions of Community law (such as that arising from the directive of 25 February 1964), on the condition that they can dispose on their behalf and of their family (...) medical insurance that covers all the eventualities of risk in the host member country, and show sufficient resources to avoid social insurance costs to the host country during the period of their stay."

The resources are considered sufficient if they are at a higher level of resources to those paid by the social insurance given in the host member country to its travellers abroad, the personal situation of the demander being taken into account. In situations where this does not apply, the resources of the demander are considered sufficient since they are superior to the minimum social security allowance of the host Member State.

The right to residence is therefore, given by the handing out of "right to residence card originating from a member state of EU. Member states can nevertheless derogate these dispositions of the directive for "reasons of public order, public security and public health." But only if these are better defined than in the 1964 directive.

3.1.3. The displacement of those originating from a third country These two directives only relate to young persons originating from a third country. Now, EVS must also be able to establish with the young who reside within EU, but who originate from a third country, in particular whether they intend to obtain the nationality of the country of residence, or whether for reasons for known reasons they are still going to for a certain time in that country. Different rules apply to the latter.

The disappearance of internal frontiers amongst the signatories to Schengen, which in effect applies to all EU countries except Ireland and UK, has allowed new developments for the residents not originating from EU. They can normally go to another EU country and stay there for a maximum period of three months (article 21 of Schengen). Once there, they must report to the relevant local authority where they are living within three days.

For stays of longer than three months, they must ask at the embassy or the consulate of their country of residence for an authorisation of provisional residence before their departure.

3.1.4. Mutual recognition and judicial co-operation Since the 1985 Schengen accords, inter-governmental co-operation concerning the "the free circulation of persons" has developed to bring together the thirteen member states in 1997 38 , through the signing of the Treaty of Amsterdam.

This treaty assigned to EU the aim of becoming, within five years "an area of freedom, security and justice". It is, therefore, not simply a question of "eliminating physical barriers 38

The only Member States not to have signed these agreements are UK and Ireland.

30

to the free circulation of persons", but also "to eliminate the judicial obstacles to the free circulation of judgements." 39 As well explained by G. de Kerchove, more than these three dimensions (liberty, security and justice) it is the notion of space that appears to be central to this new treaty. 40 "The notion of space is to the notion of territory as the notion of citizenship is to that of nationality: a new juridical notion that leads to the radical rethinking the exercise by member states of their sovereignty in such civil matters as the penal." 41 It is well within this European space without judicial obstacles that we anticipate registering the European Voluntary Service programme.

This presupposes that there be mutual acknowledgement amongst the member states on judicial penal decisions. Acknowledgement presupposes confidence and does not for the moment anticipate the harmonisation of penal legislation.

In effect, the notion of space entails considerable development in the exercise of penal sovereignty of member states that is not simply circumscribed in the interior of the territory but must be shared with the other member states. The relations of co-operation amongst sovereign member states become relations of partnership between member states of the Union. 42 These relations function always "in accordance with the modalities that vary in function to the degree of confidence [that] exists [between the different states]. The state executes the requests addressed to it by the requesting state in forms and according to the procedures anticipated in its national law 43 .

Hence, it is not necessary for the moment to harmonise, to make uniform, even less to unify the penal legislation of member states of EU even if the creation of "minimum common standards" like this exists within the framework of the interior economic market. It is this that needs to facilitate the operation of the principle of mutual recognition, to accelerate mutual penal support amongst the ember states, and equally to avoid the displacement of criminality to where penal legislation is less severe. 44 Finally it is important to note that the conclusions of the Council of Tampere of 15-16 October 1999 indicate that the principle of mutual recognition must become the cornerstone of judicial co-operation, particularly in penal matters. These said conclusions equally clarify judgements must be respected and executed throughout EU.

39

G. de Kerchove, « La reconnaissance mutuelle des décisions pré-sentencielles en général » in de Kerchove, G., Weyembergh, A. (éd.), La reconnaissance mutuelle des décisions judiciaires pénales dans l’Union européenne », collection « Etudes européennes », Editions de l’Université de Bruxelles, 2001 (publication at press).

40 Look at G. de Kerchove, « L’espace judiciaire pénal européen après Amsterdam et le sommet de Tampere » in de Kerchove, G., Weyembergh, A. (éd.), Vers un espace judiciaire pénal européen, Editions de l’Université de Bruxelles, 2000, p.4.

41 G. de Kerchove, « La reconnaissance mutuelle... », op.cit.

42 Idem.

43 Idem.

44 Idem., p. 4.

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The present Belgian presidency of EU attaches particular importance to the idea according to which the conditions imposed in a member state to sentenced or freed persons need also to be applied in other member states.45 This means that if a person is sentenced in a member state or free on condition, that these conditions be also applied in another Member State where the person resides, and ultimately that the control of these conditions can be affected in another state.

In adopting it on 30 November 1964, the Convention for the surveillance of sentenced persons or conditional discharged, the Council of Europe had already recognised that it was important that these conditions be recognised in another state than the one where they had been pronounced and that their application is made the object of a surveillance.

To this day, only eight member states have ratified the 1964 Convention. That is to say Austria, Belgium, France, Italy, Luxembourg, the Netherlands, Portugal and Sweden.

Numerous reservations have been placed by the states about the application of certain points. Germany, Denmark and Greece have signed the convention but have not ratified it.

In return, Spain, Finland, Ireland and UK have not signed it.

This convention deals with three kinds of inter-support: -

The first is surveillance: The state pronouncing the sentence can ask of the state whose territory the delinquent has taken up residence to specifically ensure surveillance.

-

The second is to ensure that the surveillance is eventually going to lead to the execution of the sentence, if the state requests it.

-

The third consists in that which the state on whose territory the delinquent has taken up residence ensures the total application of the sentence.

Of the states that have ratified it, this convention is still little used.

The work that is currently ongoing in the context of the Belgian presidency have, in particular, the aim of having this convention ratified by all the ember states of EU in order to arrive at the principle of mutual recognition. This would imply that a decision taken by one state's authority would also be accepted as such by another state, even if any such comparable authority does not exist in the state for the taking of such a decision, or again where it would have taken a totally different decision in a comparable case.

For the moment, we can ask ourselves whether the 1964 convention could be utilised in the context of the EVS programme.

In the case that collaboration between judicial authorities is necessary in order for the conditions to be respected and monitored in the country of residence, other than the country pronouncing sentence, this could completely envisaged. It remains to convince the

45

«« Working Paper on the Plan for the Programme of Measures Designed to Operate the Principle of Mutual Recognition of Decisions in Penal matters », Presidency of the Group “Co-operation in Penal Affairs” Brussels, European Council of Ministers, 6/07/2001, p.1.

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judicial authorities to accept its functionality and to define the host country of the young person as the country of residence.

Besides, if this convention had not been created for programmes such as EVS, it would have, in a certain fashion, the same objectives: to facilitate the rehabilitation to social life.

Regarding the young people on conditional discharge it would, thus be possible for the competent authorities of the sentencing country to make a request to the host country (i.e., that of residence), to monitor that the respect of the imposed conditions are imposed in that country for the duration of the European Voluntary Service's programme.

Lastly, since an intervention of judicial authorities is deemed necessary, we could find support in the disposition envisaged by article 49 of the Schengen convention. This article stipulates that mutual support is accorded to measures relating to conditional discharge, for the adjournment of execution or stay of execution of a penalty or as a measure of security.

One could equally request the competent authorities to allow the young person, within the framework of the EVS programme to depart, given that this disposition would allow them to request seek assistance around such measures as conditional discharge. In effect such mutual assistance could consist of verifying that conditions imposed on the young sentenced person be respected.

If, without doubt, there exist certain possibilities for young people under a judicial mandate to work out the penalty, or a part of their sentence in another EU country participating in the EVS programme, we have been able to observe in the course of the different points developed in this chapter that no European judicial measure anticipated explicitly this kind of a situation.

Also, it seems to us important to encourage the European Union and its member states to work together so that efforts at harmonising the European judicial systems, of mutual recognition and judicial co-operation that are actually courageously deployed do not simply allow for the better surveillance of sentenced persons, of the rapid arrest of wanted persons, or of the effective interception of paedophile networks at the centre of the geographic or computer European space, but that they also allow young people at great risk to effect a work of general importance (cf. page...) with a European dimension.

3.2. National Legislation Since the harmonisation of penal legislation is still to this day virtual, we wanted to know the possibilities of the displacement of young persons under a judicial mandate (at the end of the penalty, at conditional liberty at a pre-sentence stage...) or young former drug users in treatment (of methadone, for example) with regard to the national legislation of different member states.

It was well understood that to address the national judicial authorities was to face the problem of the sovereignty of each member state. Since, at a previous time, the magistrates generally reason with reference to their own judicial culture and not with reference to a European space founded on relations of partnership: such and such an offence is subject to such and such sanction on national territory.

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However, it very interesting to observe that if discusses beforehand with these same persons, one perceives that the reality is in fact more negotiable than imagined. Nothing is really closed if one reasons it out case by case.

That is why we have decided to present before our interlocutors case studies in order to attempt to know the real possibilities for realising our project.

3.2.1. Concerning the displacement of former drug using young adults in treatment (methadone, subutex), we have put forward the following case: A young 19-year-old drug user under subutex treatment (or methadone) would there be a possibility of following his treatment in another EU country participating in the EVS programme? If yes, in which country (ies)? Under what conditions?

The responses obtained from different member states are sufficiently close to one another.

In Germany, a request for a report for the stay of sentence without delay applied to a young adult drug user is refused by the applicant court when therapy cannot be effectively monitored abroad or an interruption of the therapy cannot be revoked. From this fact, the report of execution in favour of a detoxification cure in a neighbouring European country is not basically excluded.

In Belgium, regarding a young person receiving subutex treatment it is useful to know whether he is following voluntary treatment or conditional treatment or a stay of execution of sentence or suspension of sentence. When there is voluntary treatment there is no problem for the young person to participate in the EVS programme if his follow up treatment can be assured in the host country. One must at all times depend on Directive 64/221 (annex B) that allows member countries that allows member countries to refuse entry and right of residence in cases of drug abuse. However one could think that if the young person is in treatment that he has ceased drug use.

In Italy, the participation of a young adult in treatment in a European programme can be taken into consideration under a competent Social Services proposal and the decision of the judicial authority. However, this possibility presupposes a tight network at the European level in the framework of education, prevention and social integration.

Moreover, Italian legislation envisages the prescription of Subutex (Buprenorfine) the National Health Service; it is this that exclusively prescribes within the context of local public hospital services and on the basis of a special ministerial ordnance.

Lastly, in terms of article 119 of Directive DPR n°309 of 9 October 1990 concerning "the regulation of narcotic and psychotropic substances, the prevention, treatment and rehabilitation of relevant states of drug abuse", Italian drug users finding themselves abroad, are assured of health support and the organisation of a return journey, "on the condition of the consent of the interested party to the conventions and bilateral agreements stipulated in each country (...)". Pharmacological treatment could thus be pursued, if required. Conditional upon ad hoc.

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Drug abuse treatment in Ireland responds to very strict rules. The young adult in treatment who finds himself in Ireland must be supplied with a medical declaration proving that he is medically followed. This declaration will allow him to continue with his treatment by presenting himself at a pharmacy or a clinic.

Concerning a young Irish person in treatment wanting to stay in another EU country in the context of the EVS programme, he must obtain the authorisation of his doctor who must get in touch with his homologue in the host country and, from thence to decide whether the young person has the possibility or not of following his treatment in another country. Given that the different norms between one country and another, drug users must strictly submit themselves to norms in the country abroad where they are residing.

In Netherlands, young drug users in treatment, if they are not under judicial orders, are authorised to leave the country in order to follow treatment abroad. If they wish to benefit from financial support they must be supplied with a resident's certificate of the country they are in.

Portuguese legislation only envisages that only the doctor can decide on the possibility of the young adult in treatment to take part in the EVS programme, but in any case this young person must as an obligation be followed by another doctor in the country where he is going. The situation is the same in Spain and in France where a contract must be exchanged between the two doctors or between medical centres charged with following up the young.

The Anti-Drugs Co-ordinating Unit of UK envisages the following measure: if an English drug user in methadone treatment wants to go to another EU country he must furnish himself with a personal permit in order to continue his treatment in another country. In UK subutex can only be obtained with a medical order that a young person from another country can only procure with great difficulty if he finds himself in the country.

Lastly, a young adult following subutex treatment in Sweden can only travel to another EU country for a period of 30 days only, and if he is furnished with a medical certificate confirming that he is in treatment.

Conclusion Concerning difficulties linked to drug abuse, the young must have ceased drug taking and/or follow voluntary treatment (of methadone for example) at the moment of his participation in EVS. He can more easily leave for another European country if he is at the end of treatment. All the same, access to certain countries be refused him by virtue of national legislation in force, be it in his country, be it in the host country.

In most host countries one must furnish oneself with a medical order proving that he is in treatment and allowing him to obtain the necessary medication. In certain countries he needs to be under a doctor who is in contact with his usual doctor, and this throughout the duration of EVS.

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3.2.2. Concerning young adults under the hands of justice we have presented several cases of this type: I. A young 21 year old woman is of being put to the test and benefits from a contract of a determinate duration in an agency specialist in taking in prison leavers - until July 2001. Can she go to another EU country from September 2001 to March 2002 to take part in the EVS programme? If yes, under what conditions?

II. In 2001, a young man of 28 is on conditional discharge; can he go to another EU country before finishing his sentence and take part in the EVS programme?

III. A young 22 year old woman has to finish a sentence of eight months of closed prison for having seriously wounded a woman her own age, can she leave for another EU country in the framework of EVS for two weeks before having finished her sentence? Under what conditions?

3.2.2.1.General conditions In Germany the execution of a sentence for young adults pronounced by a German tribunal must be carried out on national territory.

Concerning the right of residence of citizens originating from EU the sentence is not sufficient to justify a measure restricting the right of free circulation (paragraph 12 aligned to law 4 of residence/EWG).

In order to give a precise response to the question regarding Belgium, it is useful to distinguish between young adults originating from an EU member state and those originating from a third country.

If the young person originates from a member state one needs to know whether the stay of the young person carries risk to public order or to public security. The existence only of penal sentences cannot automatically motivate these measures of refusal. The situation of the young person must be studied from the judicial point of view at the moment of request.

If the young person is admitted onto Belgian territory and originates from EU, he must he must present himself within eight days of his arrival at the local administrative centre of the district where he is living. He will then be on the foreigner’s register and provided with a matriculation affidavit valid for three months from the date of delivery and subject to a prolongation of three months. He must also show evidence of his means of subsistence.

If the person originates from a third country and his right to reside is of more than three months, he must request authorisation for provisional residence at the Belgian embassy or the consulate before his departure. Once there, the young person must present himself before the local authority in the place of residence.

In that which concerns penal procedure, once a person has been sentenced in Belgium and wants to benefit from EVS, it is necessary in each case to take interest in the conditions attached to freedom and the control dispositions to know which of these are compatible with EVS. Most often, these conditions imply the not quitting the territory and to

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hold oneself at the disposition of the authorities in charge of the penal enquiry. However, if these conditions are not imposed there could be the possibility to participate in EVS. The decision for this alternative sanction rests with the magistrate. To come to his decision, he needs to rely upon the information he is furnished with after the "social enquiry", on the aptitude of the detained person and his actual situation, as much familial as relational or professional.

The role of services leading the inquiries is to inform the judge on the behaviour and social milieu of the guilty person and to evaluate the feasibility of a work of general interest (cf. page ....).

A person under judicial orders cannot leave Spain without the agreement of the competent judicial authorities (judge of instruction in cases where the young person has yet not been judged, or the judge applicant for sentencing, in cases where he is in detention).

In France, penal law is sovereign. The penal procedure must, therefore, be normally applied within national boundaries.

Since January 2000, a procedure allows civil parties to follow the application of the sentence. However, the applicant sentencing judge (JAP) has all power to decide the mode of application for the execution of the sentence, notably concerning the territory for the execution of the sentence and the penitential services or the necessary police (see articles D 576-578 which frame all the attributes of JAP).

The EVS could be accountable as alternative to sentencing, notably in the capacity of Work of General Interest (cf. page....) but only the JAP can decide on this.

Normally there is no offence impeding a person resident in Ireland to take himself to another EU country if this person has completed his sentence (with or without being deprived of liberty).

There are no agreements between Italy and other EU countries that allow for alternatives to custody beyond the territorial boundaries.

Also, in the context of alternatives to prison, the young person under judicial mandate cannot in any case go abroad.

There are no restrictions in Netherlands for young adults present with a judicial existing dossier except if they have not completed their sentence.

Normally, the sentences pronounced by a Dutch judge can only be carried out within national boundaries. For these to be completed in another country, a bilateral contract must exist between Netherlands and the other country. But whatever the case, the Netherlands does not favour the execution of the sentence in another country because, for example, if the young person flees, the local police would not have the right of pursuit because the offence would not have been committed on the territory where he resides at the moment.

Nor is there in Portugal a law forbidding a young adult to go to another EU country to take part in a social integration programme. However, the decision goes back to the judge,

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depending on the type of offence committed and the personality and behaviour of the young person. Whether he is able to take part and whether would allow him or not to benefit from it.

English law on immigration that a person who has committed an offence for which he would receive a sentence of more than 12 months would be thrown out of the country. If such a person finds himself in UK in the context of a rehabilitation programme of short duration (unspecified) the decision returns to the competent immigration service and each case is treated individually.

There is no possibility in Sweden of spending even a portion of the penal sanction, whatever it may be, outside the country.

3.2.2.2. We will now more carefully examine the following juridical cases 46 : -

Work of general interest Probation Delay or postponement Postponement of probation (or putting off with proof) Conditional discharge The pre-sentencing situation

a) Work of general interest Principal Work of general interest (WGI) is the newest penalty that has been imagined by legislators in the last decades of the 20th century. Its principle is for the sentenced person, if he is not opposed to it, to be compelled to voluntarily serve a certain number of hours of work for the benefit of the community. This sentence has a precise significance: the activity thus realised by the delinquent is deemed to profit the community in reparation of the wrong caused by him and at the same time to ensure his social re-integration into society. 47 Hence, probation and its postponement with proof implicate two actors, the sentenced person and the probationary agent, WGI adds to it a third party, the community, across the grouping, the agency or service that offers the work. (...)

WGI takes its inspiration from community service orders from English law (1972) and "communitarian works" as have been applied in Quebec since 1976.

Since then numerous European countries have developed this principal of alternative sentencing. However, the attraction is not general.

Applications in EU countries In England according to the 1972 law, tribunals can order a service for the benefit of the community consisting of unremunerated work, for time taken from leisure hours, as for detained persons of at least 17 years of age and followed for passable prison infractions.

46

The following points (a to e ) are taken, in large part, from the work of Jean Pradel, Droit pĂŠnal comparĂŠ, Paris, Editions Dalloz, 1995, pp. 595-598.

47 Without forgetting the character of the economic alternative to imprisonment.

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The time of work comprises between 40-240 hours (that would correspond to 3 months of EVS at half-time or 6 months at - time...) and it must extend over one year maximum. An important detail, the application of this sentence presupposes the agreement of the interested party, the existence of community services within the area of jurisdiction, lastly the affidavit of a probationary agent that the interested party is likely to ensure work and that the tasks desired are reachable. The consent is an essential condition, in accordance with article 3 of the C.E.S.D.H. according to which "nothing should be constrained to accomplish forced or obligatory work" except in detention and in some other particular cases. In England, WGI is an independent penalty.

France a has enacted WGI by a law of 10 June 1983, and in two forms: be it as an independent sentence, in the English manner (art. 131-8 CP), be it in the title of the modality of probationary postponement, the law speaks therefore of a mixed putting off of the obligation to accomplish WGI (art. 132-54 and s. CP.). In the two cases, the duration of work must comprise between 40 and 240 hours, and this work must be carried out within a delay of 18 months. It is a question of the maintenance and renovation of the patrimony, of the protection of the environment, of works of maintenance of the repair of diverse damages, of tasks falling within the context of roadways, of taking part in different training activities in different domains. It is the JAP who fixes its modalities. The person concerned is informed of his obligations. The probationary agents examine the works that they can propose to the interested party, the period and the possible hours. They get into contact with the chosen agency for the going ahead of WGI. This sentence cannot be applied if the detained person refuses or is not present at the hearing. The infraction must be punished by imprisonment and a fine of 200.000 F.F. and the penal history of the detained person counts for little. For this work to be carried out in another EU country, the young person must put forward "a very good case".

In Germany, WGI does not exist under an independent title because article 12 of the Constitution does not admit of forced works except in the case of imprisonment. However, WGI can go for a postponement by putting forward evidence (art. 56 b CP).

In Luxembourg, a law of 13 June 1994 (art. 22) states that the tribunal, if it envisages the pronouncement of a sentence depriving of liberty for a period of less than six months, can prescribe, as a title of the principal sentence (by consequence like an independent sentence) and in place of the prison sentence, a WGI (between 40 and 240 hours).

Portugal has also enacted this sentence and as an independent title: the work must comprise between 9 and 180 hours and the infraction must be punishable by 3 months of imprisonment or more, arising from the sentence concretely applicable and not of the sentence envisaged by the law.

After a period of experimentation of 18 months, the Netherlands has legalised WGI as an independent title during1989 under the name "the carrying out of unpaid work in the general interest". Only the law envisages a maximum, fixed at 240 hours. The sentence is conceived as an alternative to prison if the sentence does not exceed six months of this sentence (concrete sentence, as in Portugal).

In Belgium, the work of general interest is considered be it as a condition of the finishing of a public action, be it as a probationary condition accompanying the suspension of the pronouncement of the sentence or the putting off of the execution of the prison sentence.

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The Belgian law does not dictate whether this work must be carried out on Belgian territory but the difficulty in putting forward EVS as work of general interest resides rather in the maximum duration of this work, fixed at 240 hours.

Lastly, countries such as Sweden or Spain rebel against WGI for reasons that are at the same time ideological and, above all practical.

WGI at Epinay-sur-Seine (Seine-Saint-Denis, France)

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Epinay-sur-Seine is the French town where the mayor, Gilbert Bonnemaison has tried out WGI for the first time in 1982, before the voting of the law about WGI arrived during 1983.

In 1997, the town, the tribunal of major instances, the Children's tribunal and the Probation Committee signed a new agreement creating 12 hosting posts of WGI at the heart of the town hall. Each of the work posts were the object of a notice defining the tasks and competencies required. These were advertised in three of the town libraries, the sports service, diverse technical and maintenance services, the crèche, the garage, the swimming pool.

The action was carried out in liaison with the Maison de Justice et du Droit, that absorbed the old bureau of juridical information and victim support.

It is the penal administration that is considered as the employer of the sentenced, whose work is unpaid, and who can assure their social cover.

At the heart of the services, the sentenced work under the responsibility of tutors, volunteer municipal agents.

Their work as well the well framing of the activity is to follow the adaptation of the sentenced to the conditions of work and regulation of WGI. They work in liaison with the probation counsellor.

In 1999, 38 WGI have been carried out at the house of Epinay, on duration between 40 and 240 hours, the average being situated between 80 and 120 hours. The sentenced persons concerned come from the whole of the department and have generally committed minor offences: thefts, outrages, acts of violence...Mostly they are young (18-25 years), little qualified, unemployed at the moment of the deeds.

The action is very positive to the extent that very few WGI are given up or interrupted. One notes as an aside the very good involvement of the municipal tutors.

Account having been taken previously of Community legislation, EVS could also be considered following in the different EU countries, be it in a probationary context, be it a putting off, be it again a postponement with evidence. b) The probation Definition It comes from an institution that is in origin specifically Anglo-American. It appeared from the 13th century in England with the recognizance or binding over that tends to avoid the sentencing judgement, replacing it by a contract between the judge and the delinquent: the

48

Source : « La politique de la ville et la prévention, recueil d’expériences », Repères, Editions de la DIV (Délégation interministérielle à la ville), Paris, June 2001, pp. 146-147.

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latter is left without surveillance if he simply accepts to respect the order (to keep the peace) and to obey certain judge's instructions.

Principal Its principal is known: "a person penally pursued and left at liberty, without a sentence being pronounced, but she is placed under the supervision and assistance of a specialist functionary (probation officer)". The judge is happy at the guilt of the detained and, in place of pronouncing a sentence, he is submitted to certain obligations, their execution by the interested party entailing the future absence of the entire sentence. By this measure, the legislator has also created a solution of change the pain of a severe sentence as represented by imprisonment or even amends. Probation presupposes the agreement of the interested party in most of the laws.

In England, the person on probation should be aged 17 years or less and, during a delay of between 6 months and 3 years, he is submitted to the monitoring of a probationary agent, the judge being able to include particular obligations. The Criminal Justice Act of 1991 adds that, a work of general interest consisting of between 40 and 100 hours. c) The postponement The Franco-Belgian deferment is consciously different: it is more recent (end of the 19th century) and instead of apportioning material or psycho-social support to the delinquent, such as probation, it seeks to individualise the penalty and to avoid the pronouncement of short penalties. Its technique is also different, the stay being a stay of sentence (that is pronounced) whilst probation is a stay in the pronouncement of the sentence (that is not pronounced).

The principle of stay is as follows: in the event that the detainee does not have a judicial history (or very reduced history) the tribunal can, having recognised his guilt, pronounce a sentence of imprisonment, but at the same time order that it be stayed in its execution. A delay of proof opens up, of a maximum of 5 years, but no surveillance is organised. And the absence of sentence during this stay will render the sentence non-executory and even the sentenced person, with the issue of delay, will be considered as not ever having committed a crime.

Today the stay in Belgium and France are close enough in their conditions. Arising from judicial cases of the interested party, the legislators well understand that it should not be too charged: in Belgium, the interested party should not have incurred a previous sentence of the deprivation of liberty of more than 6 months (even pronounced without a stay) and it should be that the total of privational sentences pronounced do not exceed 3 years; in France, it should be that the interested party has not been sentenced, during the five preceding years, to a sentence that is depriving of liberty. Arising from a delay of proof, it is of 5 years in Belgium and of 5 years in France. d) Probationary stay (or stay with proof)

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This measure is a little distant from Anglo-American probation because it implies that a sentence be pronounced but it approaches them in the execution of the sentence that a sentence is replaced by the imposition of certain obligations.

Numerous EU countries have adopted this measure: Denmark (since 1905), Austria, Germany, Luxembourg, Portugal, Belgium and France.

In France, the penal code enumerates two kinds of obligations: article 132-44 indicates a list of measures of control that are obligatory (to respond to convocations of the applicant judge of sentences, to receive a visit by the probationary agent and to prevent change of residence or of employment...) while article 132-45 makes an inventory of 14 particular obligations of which the tribunal selects these or those that must appear to suit the sentenced person (to exercise a professional activity, to contribute to familial responsibilities, to make up for the infractory prejudice, not to frequent drinking places, not to frequent some sentenced persons' company, not to hold or carry arms...).

Italy has two special forms of probation. The first dates from the law of 1981, called depenalisation. This is controlled liberty (liberta controllata) (art. 56). The judge does not pronounce imprisonment and, in its place imposes a list of obligations carrying an idea of surveillance (the forbidding of distancing oneself from the commune of local residence except the authorisation for reasons of work, study, family or health; the obligation to present oneself at least once a day at the police station; the forbidding of keeping arms; suspension of the driving licence; withholding of the passport). Supervised liberty is very close to probationary stay since a sentence is pronounced, one, which at the same time differentiates it from Anglo-American probation.

The second dates from a law of 10 October 1986 that modifies article 47 of the penitential law of 26 July 1975. Because the tribunal has inflicted imprisonment not exceeding 3 years the monitoring tribunal can change this sentence to probation. This change is based on the observation of the interested party. This tribunal draws up a verbal process indicating the modalities to which the sentenced person must comply (repair of damages, stay in a certain place, the forbidding of the carrying out of such and such activity or to frequent such and such company,...). It is what is called l’affidamento in prova al servicio sociale.

Finally there exists some legislation that knows only one institution, that is a mixture of probation and of stay. Such is the case in the Netherlands which, after having adopted the Franco-Belgian stay in 1915, has considerably modified it in 1986 (art. 14 a, b...k CP). The new institution is very flexible. It can be applied to all the principal sentences envisaged in the penal code (and to all accompanying sentences) except to general interest work. The judge cannot combine different principal penalties or accompaniments: thus, he can pronounce imprisonment with stay and general interest work, or imprisonment and closed amend. The stay may be total or partial.

In certain cases, EVS can also effect conditional discharge within its framework. e) Conditional discharge Imagined by the Frenchman A. Bonneville de Marsangy in 1847, conditional discharge is the anticipated discharge of the detained person as an outcome of a certain period of

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execution (often two thirds or three quarters) and on the condition that the conduct has satisfactory during the period of detention, a return to prison being sanctionable for bad conduct during discharge, in particular the disrespect for the conditions imposed on the sentenced person. This definition is one that all legislation has adopted. France adopted it in 1885. Following that, numerous countries have adopted it in turn. This is because it has certain advantages: it serves the interest of the detained by encouraging him to behave well in prison and it is, for the period after leaving prison, a measure of treatment since it acts as a measure of assistance and surveillance.

Moreover, it is interesting to note that on 30 September 1999, the Committee of Ministers of the Council of Europe, within the framework of Recommendation R (99) 22 on "the overpopulation of prisons and prison growth" adopted the following articles: [...] 23. It is agreed to favour the development of measures allowing the reduction in the effective duration of the purged sentence, by prefering individualised measures, such as conditional discharge, to collective measures for the management of prison overpopulation (thanks to collective amnesties).

24. Conditional discharge must be considered as one of the most effective and constructive measures that, not only, reduce the duration of detention but also contribute in a not negligible manner to the planned reintegration of the delinquent in the community.

25. One must, in order to promote and extend recourse to conditional discharge, create in the communities conditions that aid and support the delinquent and thus for the his supervision, with a particular view to lead the judiciary and competent administrators to consider this measure as an available and responsible option.

26. The effective courses of treatment in the course of detention such as of control and treatment to discharge need to be conceived and put in place in a way facilitating the reintegration of delinquents, to reduce recidivism, and to ensure public security and public protection, and to encourage judges and procurors to consider measures designed to reduce the effective duration of the sentence to purge thus the sanctions and measures applied in the community, such as constructive and responsible alternatives.

f) In the context of a pre-sentencing situation, and by virtue of community legislation, no particular obstacle exists to the participation of the detainee in EVS.

Conclusion In the case of young persons under judicial mandate, in the majority of countries, and beyond the rigidities linked to the sovereignty of each member state and the will of judicial authorities, only the instructing judge or the applicant judge of penalties can decide or accept to make the young participate in the EVS programme. This decision will depend in all cases on the profile of the young person, his vulnerability, his behaviour, his desire for reintegration, his judicial past, etc.

As long as the administrators of the host country complete the formalities, and respect the obligations accompanying the sentence, some young adults can take part in EVS (if the sentencing judge of their country has given his permission) that they are: -

On conditional discharge; In a situation of putting to the proof or of the stay of execution of penalties; In the situation of pre-sentencing judgement

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If evidently the conditions of these different sanctions do not forbid leaving the national territory.

The young leaving prison who have definitely served their sentence or those who are at the end of sentence can, without any difficulty go to the European Voluntary Service if the judge has given permission. EVS represents to them an excellent opportunity for social reintegration, so much more positive than some would have the possibility of beginning to prepare for leaving prison for abroad since being imprisoned, in the company of a professional.

3.3. The particular status of young adults under penal law If 18 years constitutes the age of civil majority in most European countries, we know for the young to truly become a young adult, he must still wait for a few more years (age 22 or even sometimes 25). Also, in certain countries it has been proposed that the sanctions applied to young adults not be exactly as those applicable to majors, in others that they be between those of minors and those of majors.

These proposals entail the birth, in numerous legislation, of a new concept: that of young adult.

However, we are fairly far here still from a harmonisation at the European level. As has shown M.F. Dünkel, in his study of legislation relating to young adult delinquents 49 , the definition of the expression "young adult" varies considerably between one judicial system and another.

Thus in Germany, France, Greece or Netherlands, one includes young persons aged between 18-21, sometimes even 16-17 years. In UK since 1991, particular dispositions are envisaged for young adults who are between 18 and 21. In Portugal, category of young aged 16-21 is registered since 1983, by a unique and specific penal law. Besides, in the majority of European countries, the age of 21 marks the threshold after which one applies the general penal law.

Penal policy towards young adults thus varies also considerably between countries.

3.3.1. Persistence of the penal law on for minors In certain countries young adults of 18 to 21 can be judged according to the dispositions of penal law for minors.

This is, for example, the case in Netherlands, by virtue of article 77 d CP, where the judge can apply sanctions designed for minors to majors, if these appear fair, with reference to his personality. In Germany young adults between 18-21 are governed by the law of 1953, modified for minors if "if the global personality of the author, equally as a function of living conditions, reveals that he is by his moral and intellectual development, at the time of the 49

Dünkel, M. F., « Les législations en vigueur relatives aux jeunes adultes délinquants » in Jeunes adultes délinquants et politique criminelle, op.cit., p. 85.

44

deed, similar to a minor" (article 105); this disposition is applied to two thirds of young German adults. In Sweden young adults between 18-21 can, at the decision of the judge, be remitted to social assistance (Ch. 31, § 1 CP).

Moreover in certain countries young adults can apply for a sanction that would have been pronounced when they were still minors. In Belgium measures of guarding, of preservation, and education can be prolonged for a maximum period of two years (art. 37 bis § 1 and 2 of the new law of 8 April 1965). Finally, in France the placement of a minor in a medical or educational establishment can be pursued after his majority, but only if he requests it (art.16 bis, Ord. 2 February 1945). 50 3.3.2. Softening of the penal law of majors According to the English Criminal Justice Act 1982 delinquents aged 17020 years cannot be sentenced to imprisonment but only to detention (the age considered as being that at the time of judgement). Scotland is also going to forbid imprisonment, which finds itself replaced by detention of a fixed period by the judge will not exceed that of a normal prison sentence of young persons of more than 20 years. Following this, the domain of stay is extended.

Italian law distinguishes stay of up to three years of imprisonment for minors, two and a half years for young adults and two years for majors (art . 163 CP). In Finland, young people aged 15-21 and sentenced to prison not exceeding two years can benefit from stay, even if this could have been excluded for adults more than 21 years old for previous judicial reasons.

Lastly, several pieces of legislation, all maintaining imprisonment, envisage a reduction in its duration.

In Austria, "there are special attenuating circumstances... if guilty: 1° has committed an act after age 16, but before turning 21 [...] " (art. 34 CP).

In relation to sanctions other than imprisonment. Legislation favours almost everywhere, classic sentences like the amend, the withdrawal of rights or of WGI. Furthermore, in certain countries, legislators offer to judges some original sanctions that are not sentences, but measures close to those envisaged for minors. Thus, for example, England has developed programmes linked to a WGI that are served in day centres (otherwise day training centers that have become since the reforms of 1991, probation centres). These are local centres where it is envisaged non-residential installations for use with reference to the rehabilitation of delinquents. 51 3.3.3. Then following table that shows a great variety of approaches of questions of penal imputability and responsibility, places in equal evidence the differences at the heart

50 51

This data is taken from the work of Jean Pradel, op. cit., pp. 663-664.

Idem., pp. 664-665.

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of the same country where civil and penal majorities do not always coincide and where the majority and the penal responsibility do not arise from the same basis.

46

Table 1 52

Country

Penal majority: Penal Majority: penal law can be penal law must be applied (age) applied (age) Germany 14 18 21 Austria 14 19 19 Belgium 16**/18 16 18 Denmark 15 15 18 Spain 14 18 18 Finland 15 15 18 France 13 18 18 Greece 13 18 21 Ireland 7/15*** 18 18 Italy 14 18 21 Luxembourg 18 18 18 Netherlands 12 18 21 Portugal 16 16 21 United Kingdom 10/15* 18 21 Sweden 15 15 18 * penal capacity - detention in an institution for young delinquents ** only for road infractions *** penal capacity (penitentiary for young people) 52

Penal responsibility (age)

Sources : Jeunes adultes dĂŠlinquants et politique criminelle, op.cit. p. 115. and the internet site www.leuropeen.com/enquetes/980422_3b.htm .

Civil majority: (age) 18 19 18 18 18 18 18 18 18 18 18 18 18 18 18

4/ AGAINST THE SOCIAL EXCLUSION OF THE YOUNG : A STRUCTURED EVS, SEVERAL CITIES ENGAGED Even if social exclusion is not a new phenomenon in the Member States and towns of EU, the preoccupation vis-à-vis the victims of this exclusion has taken on a new intensity. A particular sensitivity is expressed with respect to the young.

Today, in effect, one of the central preoccupations of EU towns, represented by their municipalities, precisely concerns the inclusion and social reintegration of young people at risk, with neither certificates nor qualifications.

We must profit from this movement in order to mobilise the largest number of cities, but also NGOs, around the EVS project such as proposed in this study.

The more towns and NGOs are engaged in our project, the larger the fanning out of activities we put forward for the young. We must construct together a European network of sufficient extent in order to adapt a response to the particular demand of each young person. This network will create a more important mutualisation of the interests of these young persons.

However, an extended network, organising offers and demands, can only function if it is perfectly structured.

The EVS programme for the young encountering difficulties must, therefore, be articulated around : - An individualised project for each young person - A network head : the coordinator of the project who will be in direct contact with the European Commission and all network members - The territorial organisations, in general the towns that are putting together local partnerships and for whom EVS is a good « instrument » of struggle against exclusion - Managing agencies of the project that have been designated by the towns - Trained professionals responsible for accompanying the young at great risk, within the framework of mobility - The mobilisation of civil society - A well organised transnational partnership We shall describe later the role of each of these links of the network and the relations that need to operate between them, in order to maximise the chances of success of the programme.

4.1. An individualised project for each young person In order to ensure the success of EVS for the young persons at risk, we envisage a project consisting of three phases : the phase of preparation, the phase of stay, and the phase of return.

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 The phase of preparation It can be of variable duration according to the profile and wish of the young person, and it essentially characterises the following activities : -

The elaboration of a personalised project registered within a global dynamic, taking into account the aspirations (personal, social cultural and professional) of the young person, the reality of his future sojourn and the construction of a project of return.

-

An apprenticeship in the basics of the host language (about half time). This stage is of prime importance since, as underlined by C. Candide, specialist in training : « in a situation of migration, the knowledge of the language of the host country constitutes a necessity for everyone desirous of integration and of the success of his personal project of social integration. It is one of the necessary conditions and indispensable for access to self-reliance, of individual, social, cultural and more often professional opening up. Beyond that, the apprenticeship of a non-maternal language constitutes an opening in a manner different to thinking, that is to say to perceive and represent oneself, each language being in essence a mode of specific representation that is structured in an interactive mode of thinking about a subject, and determines its relations to others. 53

These elements of the phase of preparation are also recognised by the programme Step-by-Step 54 that, in the EVS context, « privileges and encourages a preliminary step of volunteership and preparation in the sending country, in order to give confidence to and encourage the volunteer » knowing that « a volunteership abroad for a disadvantaged young person often represents, at the first time, an insurmountable obstacle, be it for reasons of distance, be it because of the linguistic barrier, or be it because of the duration ». 55 This first phase needs also, however, to understand : -

Intercultural training : « that which signifies to leave for several months abroad » Precise training on the host country : culture, political situation, notions of law, way of life, rules and local customs, health and hygiene, etc.

An introduction to the idea of volunteership Information about the rights and duties of the young Information on the consequences of not respecting rules and duties Information on the role and function of each of his interlocutors Information on « how to act and whom to address in case of a problem »

 The welcome and stay of the young person in each town

53

Candide, C., « Apprentissage de la langue : vers une lente émergence d’un droit » in VEI Enjeux, n°125, June 2001.

54 The Step-by-Step programme is a multilateral project, at the heart of the Programme EVS, Coordinated under the aegis of AVSO (Association of Voluntary Sector Organisations) in Brussels.

55 « The Charter of Step-by-Step network», May 1999.

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Regarding the duration and stay of the young person abroad, it being understood that we work with young persons at risk, we also put forward here a flexible functioning according to the profile of the youth, « his capacity to » and « his wish to » take part in EVS. The Youth Programme of the European Commission also knows this flexibility, particularly for young people in difficult situations. 56 It is also difficult to imagine that a youth has had an experience of several months in a country, in a town or in a host structure, then in another town or another host structure, then in another and another; all this, in order to offer him the maximum chances of success of his experience.

This second phase particularly implies : -

To guarantee to the young, for the duration of his stay, a personalised presence (professional and/or eventually voluntary) ; To identify and to mobilise the structures allowing for of the elaborated project offering sought after activities; To ensure good organisation linked to lodgings and meals ; To offer health cover (even in the case of intensive care) To propose for each young person facilitated access to shared transport, to culture, to leisure and sports.

 The return phase Generally speaking this phase of variable duration, has as an objective the facilitation of the pursuit of a path for the social reintegration of the young, on his return to the town of origin, and to make him evaluate his experience about the different professional structures or of local training. It consists, in particular, of the evaluation of the personal and professional experience of the young person and to seek out the projects of integration (training or unremunerated work).

We rejoin here the propositions formulated in a study carried out in 1998 by the experimental Pedagogic Service of the University of Liege and the Indigenous Bureau in Education and Training of Louvain-la-Neuve, concerning « the insertion of young unqualified persons in EU countries ». 57 These already know the construction of a course of insertion around an individual project by insisting on the construction and reinforcement of the social fabric of the person. This project needs to be constructed with the young, or still better by the young, accompanied by an adult.

4.2. Network leadership

56

In « Report from meetings on a strategy for inclusion for the YOUTH Programme », European Commission, 2001, p. 5.

57 Study carried out by : D. Colson, F.-M. Gerard (BIEF, Louvain-la-Neuve) and by C. Guitard et N. Martynow (University of Liège) at the request of the European Commission, Pursuing one’s Training, Strategic Document, DG XXII – Education, Training and Youth, Project N° 96-01-3PE-0409-00, Office of Official Publications of the European Community, Luxembourg.

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 The pivot of the project, the co-ordinator, head of the network, has the role of ensuring the interface between the different agencies (European Commission, towns, organisations, and co-operatives…), the professionals – and/or eventually volunteers – and the young implicated in the network.

More precisely, he needs to be alert so that the organisation is optimal in its different steps, and play a role of arbitration in the network.  The co-ordinator selects the partners of the project who will fill the necessary conditions for working with the young at great risk, within the context of European mobility. He must, in particular, also evaluate the quality of preparation of the project (for example, the system of support and the material resources of the host agency).  He organises partnership amongst towns at all stages of the programme: before, during and after the stay of the young abroad.  He is responsible for the follow up and evaluation of the project. He is charged with organising meetings between partners and the young volunteers after start and/or halfway through the EVS programme, but in any case, at the end of each programme, to which former volunteers could also be invited.

4.3. Local Partnership in towns and cities  Each partner town of the project is at the same time the town of departure of young persons and host town for other young people.

The town is charged with organising round tables amongst all partners making an intervention under one heading or another, regarding the young sent abroad or hosted (elected persons, municipal services, social and health workers, lodging agencies, agencies, justice, police…).

During the course of these meetings the following examples will be studied : -

The ensemble of offers available and all the types of existing activities for young volunteers along a large fanning out; The type of relations the young person needs to have with his different interlocutors (judge, doctor, the accompanying responsible, and the responsible professional, etc.); The types of relations the different local structures (judicial, medical, social services, host structures, project managers, those responsible for the follow-up, volunteers…) services, need to have amongst them; The possibilities of General Interest Work (WGI) at the centre of the town and the corresponding conditions; The types of activities, in particular those favouring young former drug users in treatment.

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Here we rejoin the philosophy of the Passage 58 for which « the struggle against exclusion should not be made for some isolated individuals, the mission of sole social workers. An effective intervention is only possible if the different social actors in the larger sense work together. The local, regional, national and European level administrators in the different sectors such as employment, health, boarding, education, trainers in professions, and justice need to cooperate with the trade unions, the workers, enterprises, employer organisations, foundations and the citizens’ associations. These structures need to seek solutions together for the prison population and more generally the population linked to justice or those considered to be at risk.” 59  Each town designates a manager of the local project to whom responsibilities are delegated.

4.4. Management of the project  The project manager of is the operator who is at the interface with the head of the network. According to the case, he can be from an agency, a co-operative, a consortium of co-operatives, from a municipal service or yet again from an agency designated by the collectivity.  His responsibility is to be engaged in the administrative, financial, logistic management of the project.  He is responsible for the listing and with the selection of the professionals of EVS who are about to depart and the welcome of those who arrive.

The listing of young persons at great risk must essentially be made in: -

Street work The local agencies for solidarity and insertion.

The houses in the locality The local municipal social services The local judicial specialist services The prisons (for the young at the end of their sentence) The drop-in centres for drug users

Most of these are nominated by the local social services of their place of residence.  The agency managing the project needs to evaluate its competence prior to accepting to receive such and such a young person at great risk. To put it in another way, an agency must only receive a young former drug user in treatment 58

“Le Passage” is a European experience conducted by a group of partners from Belgium, Spain, France, Italy and Portugal, in the context of the Community Initiatives Programme (CIP) Employment Horizons 1995-1998, and which is registered in the struggle for the social, professional and cultural integration of populations excluded that are at risk of exclusion or recidivist (-former detainees, persons under judicial control and their families).

59 « Le Passage, an European experience against social exclusion », Horizon 1995-1997, p. 8.

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or a young person on conditional discharge if he is used, at least to be prepared to work with this kind of person.  The project manager is equally responsible for organising, the administrative, logical and financial level, the three phases of the project, such as the ones defined previously, and in partnership with the local collectivity: -

The preparation phase for the youth of the town The sojourn phase for the young person from abroad who is being hosted The return phase for the young person from the tow.

 The managing agency draws up a contract with the young person.  It designates a professional responsible for welcoming the young persons to the town and eventually nominates a volunteer, that turns out to be necessary in terms of the youth’s profile, but only with the agreement of the latter. The professionals and volunteers will be in a formal relationship with the manager throughout the duration of EVS programme.  It delegates to the host town the responsibility for the young person being hosted.

4.5. Trained Professionals  The outcome of EVS rests upon staff who know the management of this type of project. For the moment we will refer to these professionals as “responsible for accompanying a young person at risk within the framework of mobility within Europe.”  Each professional is at the same time responsible for accompanying the young person going abroad and for accompanying the young persons arriving from abroad.  The information we give to the young about the EVS programme during the preparation phase, has to be clear and attractive. It is important to show him from the beginning that he has an active function in the project construction.  After the preparation phase, the professional from the town of departure has to make a personal and vocational skills analysis and evaluate the capacities and desires of each young in order to know his specific difficulties and help him to find a project.  Each professional from the town of departure delegates to his homologue in the other town the follow-up of the young.  The job requires the same skills for each professional, in the town of departure and in the reception town.

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We therefore present below :  

A Job benchmark description, and A Training benchmark description

In this study we have stressed the necessity, for these professionals, “responsible for accompanying a young person at risk within the framework of mobility within Europe” to have the same job and the same training in every European country.

4.5.1. The Job benchmark description a) How to Define a Job ?

Sociologists have posed this question since the 19th century but this particular vocation takes its sense today from the emergence of numerous new vocations.

Through its work, sociology has, to a large extent, contributed to improve methods, define the concepts, and to create a veritable ensemble of conceptual instruments that have placed the description and the elaboration of job benchmark description before relevant authorities. It has also given birth to a new discipline: the Sociology of Vocations or Professions.

One of the methods used for arriving at a job benchmark description is the observation of the individual in the work environment (the environment wherein professional activities take place) and an analysis of the work post and its environment that define a socio-technical context.

The observation describes, in the barest of outlines, the professional practices entailed in the carrying out of a task.

Another method is to bring together around a table a number of persons of the same vocation and to ask them to describe, with the help of a graph and questionnaire, the vocation they practice. And, then to separate, on the one hand, the actions and tasks that constitute “core activities” and, on the other, the peripheral practices.

These links allow for the functions to be identified. In their turn, the functions define the role played by the professional.

Once the job benchmark description is done, it gives birth to the question: “What are the knowledge, know-how and qualities, that is to say, what are the competencies needed to carry out all these activities ?” b) What is competency ?

Competency is only manifested within the activity. Therefore, an analysis of the activity is a precondition before speaking of analysing competency. The difficulty resides in the hierarchisation of activities.

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According to Maurice de Montmollin 60 , competency is defined as: “a balanced ensemble of knowledge and know-how, of types of conduct, of standard procedures of types of reasoning that can be put to work without undergoing a new apprenticeship”. As for Gérard Malglaive 61 , he defines it as “knowledge in action”.

For Patrick Gilbert et Michel Parlier 62 , “competency is inseparable from action, and it can only be truly understood in terms of the activity by which it finds expression and whose realisation it facilitates. It is always a question of competency to take action and to give it meaning only in terms of the aim of the activity”.

The analysis and inventory of the necessary skills required for carrying out the work make up the training benchmark description. c) Methodological steps in the construction of the job benchmark description - Analysis of practice In order to achieve this emerging work of the collation and elaboration of specifications of escorting across Europe, EFUS has opted for an analysis and synthesis of work with professionals engaged in that kind of work today, in different contexts (independent organisations, NGOs, and municipal units, across cities and countries.

The core of the vocation The core of the vocation is made up of specific practices that no one else is engaged in.

Specific peripheral practices Peripheral practices are those that do not of themselves describe the vocation.

Non-specific general practices These are practices that are common across several vocations.

- Validation of the job benchmark The proposed job benchmark description for the validation of the partners in our study is a specification that can be termed “specification by consensus”.

- A new vocation?

The present job benchmark confirms that the person charged with accompanying a young person at risk, within the framework of mobility across Europe constitutes a vocation with very specific constraints.

60

DE MONTMOLLIN Maurice, L’intelligence de la tâche - éléments d’ergonomie cognitive, Berne, Editions Peter Lang, Science pour la communication, 1986, p. 122 61 MALGLAIVE Gérard, Enseigner à des adultes travail et pédagogie, Paris, PUF, 1990, p. 228 62 GILBERT Patrick, PARLIER Michel, « La gestion des compétences » in Personnel n°330, February 1992, p.44

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All this intense work and the dynamics of elaborating specific practices and training has, at the same time, enabled the coming together of ideas, reflections, pedagogic strategies and experiences of everyone. Furthermore, while considering as real and valid the description of the specification of a new professional figure, the participants do not consider it possible to find in any one person the know-how of the ensemble of practices mentioned, or the ensemble of areas unearthed.

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The 7 specific activities (key specifications) of those responsible for accompanying young persons at risk

To welcome the young person at risk, to induct and support him in constructing a project, to prepare him for movement across Europe To interact with local services and professionals for ensuring the best reception and placement of the young person

To Sensitise, to organise communications on VSE project vis-Ă vis young people and potential partners

To supervise and accompany the young person at risk during his stay

To secure the interface, to network with relevant persons in the different local and international agencies

To co-ordinate, to link the follow up locally and at distance, all within an intercultural context

To deal with crisis situations

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Specific and non-specific peripheral activities of the vocation

Specific peripheral activities Research, collate, address and circulate pertinent information

Speak a foreign language

Detail the tools for the follow up, evaluation, outcomes and obstacles to the reintegratio n of young people

Core Tasks To work in tandem with one’s opposite number abroad

To put in place Human and technical in order to prepare for the welcome of the young persons

To write reports

To manage a team, to hold meetings

To have a good knowledge of different cultures Peripheral nonspecific Activities of the

Post

To manage finances

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Declension of the 7 specific activities

 Welcome the young person at risk, induct and assist him to construct his project, prepare him for European mobility

Create a space, an atmosphere of trust

Identify and analyse zones of stability and instability (family problems, health issues, addiction, learning difficulties,…), and identify what can be done to motivate him towards a goal.

Work with the young person on the geographic and cultural break: let him understand what it means to go abroad for a long stay (being abroad, acquiring a foreign language, being independent, respect for local rules and customs

To welcome the young person at risk, induct and help him to construct hi project, prepare him for European mobility

Sharpen one’s welcoming techniques: to listen and understand the difficulties, the expectations and the needs of the young, to help him to realise his potential, his knowhow and his skills

Help the young person to align his path with his personal history and help him to construct his project (equating it with the openings provided in the host country.

Provide necessary information about the host country: characteristics of the country, its environment, culture, some of the important points about the law, what’s not allowed, safety rules; general description of the project in the host country (objectives, organisation, hours to be kept, people with whom one must work ..) the role of the responsible person charged with hosting the stay, description of living arrangements, of the project from the view point of the commitment

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♌ To supervise and accompany the young person at risk during his placement abroad

Contractualise the decisions taken together: (objectives, organisation, rights and responsibilities)

Introduce the different partners to the young person: the role and function of each, what he can expect from them and what his responsibilities are to them‌

Validate la feasibility, the objectives, and the modalities of setting up the project with the young

To supervise and accompany the young person for the duration of his placement

Evaluate the capacity of the young person to adapt and integrate (learning the language, sociability, finding out about the local culture, team working, Independence, resourcefulness...); ensuring that all the conditions are present for the success of his project

Ascertain that the young person respects his commitments regarding the different structures for his placement and those who supervise him

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♦ To Co-ordinate and link the follow up locally and at distance, all within an intercultural context

To inform oneself about the country: cultures, constraints, laws, road safety, manners and customs, things to avoid, health system, leisure activities

Identify one’s skills and those of the other partners relevant within the framework of the SVE project.

Organise complementarity with his opposite number, know about working in partnership (to know one’s opposite number abroad: his skills, his pedagogic approach, his work methods, his availability, his organisation vis-à-vis the project)

To Co-ordinate and link the follow up locally and at distance, all within an intercultural context

Know how to delegate the follow up at distance of the young person

Record and evaluate the new skills engendered by the project.

To have a good knowledge of different cultures and the legislation relating to the programme

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 To deal with a crisis situation

In advance, inform the young person about: numbers to call (emergency services, of the person accompanying, of the insurers, safety regulations

Beforehand, establish a plan of action (emergency procedures, different types of crises)

Inform all persons linked to following the young person and to the programme

To deal with a crisis situation

React rapidly but in an ordered way (inform those in authority)

Establish the precise nature of the situation

Apply or adapt the action plan to the present situation

Down the line, write up a report (resumĂŠ of the situation: circumstances, consequences, what is necessary to do to avoid the situation from recurring or how to act in the present one..) for whomever ti concerns

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 To interact with local services and professionals for ensuring the best reception and placement of the young person

Define the contents of reception: making an inventory, mobilising human resources (social workers, volunteers, judges, doctors,...) and material ones (suitable lodgings for the young person, restoration, health, transport, leisure, language course...)

Synergise the partnership (civil society and professionals concerned)

Ensure essential security measures for the young person

To interact with local services and professionals for ensuring the best reception and placement of the young person

Assure oneself about the totality of organisational arrangements for the stay of the young person: starting up and frequency of the language course, frequency and nature of meetings between the young person and the different persons involved in the project (the person accompanying, the judge, the volunteer), contents of the activity, hours, role of the young person, decision making powers

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 To Sensitise, to organise communications on EVS project vis-à -vis young people and potential partners

To search out and sort relevant information to communicate

Clearly present the SVE project to the young during the registration phase

To Sensitise, To organise communications on VSE project vis-Ă -vis young people and potential European partners

Organising meetings with social and judicial services, probation, drop-in centres for drug users ... to present the project

Initiate publicity with the media (local press, radio and television) in order to publicise the project.

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 To secure the interface, to network with relevant persons in the different local and international agencies

Relations with resource persons of civil society: frequency of meetings, information to be communicated about the young person

Relations the project manager: what information needs to be given and received? frequency and nature of meetings

Relations with his foreign counterpart: means of communicatio n, frequency of contacts and meetings, what information to communicate about the young person?

To secure the interface, To network with relevant persons in the different local and international agencies

Knowing how to refer to European and international documents

To understand well the role and function of everyone at the centre of the network (co-ordinator, project manager, volunteer, municipal services –social and legal -, at home and abroad)

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4.5.2. Training benchmark description From the activities that we have collected and presented in the job benchmark description, we have classified our knowledge as follows:   

Theoretical knowledge Procedural knowledge Practical knowledge Situationally-obtained knowledge or know-how

This is how Gérard Malglaive 63 describes the four categories of knowledge: theoretical knowledge, procedural knowledge, know-how and practical knowledge.

- Theoretical knowledge: this is the base made up of knowledge or even of "learning" from our two trilogies. It suggests knowledge of the laws of existence, of constitution and of the functioning of the real. [...]. Theoretical knowledge is, then, the indispensable basis of knowledge that governs action: procedural knowledge.

- Procedural knowledge (or procedures, techniques, methods): this is also methodological knowledge, the ensemble of procedures which govern and enable action. Procedural knowledge [...] is often confused with know-how, in that it governs practice and that all actions presuppose procedures.

- Know-how : this is undoubtedly the most familiar notion, the most observable. It often involves automated procedural knowledge. Know-how can designate singular acts of a practice - what English-speakers refer to as "skills". This not only means the possibility of producing the acts of a certain practice, but doing so with deftness and dexterity.

- Practical knowledge (or experience): this is non-formalised knowledge, achieved through practice, widely demanded in the 60s, during the specialised workers revolt (worker knowledge). This practical knowledge is much less structured and codified than theoretical knowledge, even if it does sometimes become rational, in that it reflects the efficiency of an action on a reality, which is not an incoherent upheaval. [...]. It fills in the cracks in some way [...] and while not being inexpressible, more often than not, in a somewhat approximate way, it states that which theories and codified procedures can not state.

Let's take an example from an activity that can be found in the professional profile:

63

Malglaive, G., Enseigner à des adultes travail et pédagogie, Paris, PUF, 1990, p. 228.

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"Treating a crisis situation"

-

Diagnosis of a crisis situation Topography of the location Sociology specific to organisation (town, districts, habitat, transport...)

Realising plans of action Legislation in one's own country and the host country Procedures to follow involving damages in the host country Rights and duties of the volunteer on a legal and social level Theory

-

Immediate crisis management Modalities for setting up a crisis centre Realisation of a plan of action Formation of a report grid Communications plan Knowledge of resources and limitations linked to territory, town and road safety, illegal dealing areas, associations, personalities Statement techniques Writing of a clear, objective report Address book containing details of necessary interlocutors (emergency services, judge, close relatives, network members) Procedure

-

The risks of wide media coverage The vectors of amplification "At-risk" places and populations Habitat layout The levels or degrees of the seriousness of the situation The degree of delegation/autonomy Identification of the risk factors and the causes of the crisis in the territory The types of possible responses Knowledge of the media (local regional, national) The psychological/sociological/cultural profiles of interlocutors Ability to speak interlocutors' language Practical

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-

Crisis prevention Discern the signs of malaise Evaluate the seriousness of the situation Widen the necessary information base take a decision, initiatives Negotiate Know whom to inform (on the spot and in the partnering town) Organise the emergency Manage conflict Apply legislation Evaluate results Communicate in crisis situation/ assemble and speedily transmit relevant information Respect the confidential nature of certain information Learn lessons from the crisis Know-how

We have thus defined the seven activities which are in the professional profile.

However, we do not feel it worthwhile at this point to go over the exercise again, but we do conclude that the training of the head of "animation for young people in difficulty within the framework of European mobility" should involve very diverse fields.

The job benchmark description shows the necessity of knowledge in several scientific and intellectual disciplines: -

sociology social psychology psychology of children and adolescents ethnology educational science management science law and political science

Concerning know-how, skills can be grouped as follows: -

administrative skills (procedures, specifications, contracting, management, organisation) relational skills (interview and communication techniques) skills in management of the partnership within the European mobility framework

The benchmark description also shows the necessity to integrate knowledge not only linked to the countries or towns where we live, but also to the countries and towns in the networks with which we work in partnership.

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Youth mobility should also entail very specific training for their "animators": language studies, intercultural studies, and studies of the functioning of different social organisations in other European countries.

We hope that this extra training, which should complement already-existing training, will eventually become a university course (degree, post-graduate studies, specialisation, etc...).

However, we suggest that in the very short-term, the establishing of specific modules enabling professionals and volunteers to benefit from training as "animators for youth in great difficulty within the European mobility framework".

Here are five modules that we would like to begin with. They deal with the knowledge of a new country, of a new culture, of a new city and the different types of knowledge laid out in the job benchmark description. Each module would take place in a city of a different country in the European Union.

   

The philosophies of action: definition of values which constitute the driving force of action (those concerning tolerance, citizenship, respecting the law, mobilisation of civil society, professional ethics) State of knowledge and experience What kind of rupture for youth? (profile of youths in great difficulty, causes and phenomena of youth violence in cities, ways of picking youngsters, criteria/selection methods and choice of the rupture) Rupture as an alternative punishment to incarceration

     



Module 2: Treatment of the crisis situation

Status of the volunteer: rights and duties Anticipation of events, ways to avoid certain crises Establishing a plan of action Resorting to legislation Transmission of information Writing of statements or reports



Module 1: Teaching about the rupture

Module 3: The three phases of youth animation

Preparation phase: mastering interview techniques, aid and orientation of the youth in the formulating of his/her plan (helping him/her to recognise their limits and capacities), transmission of relevant information on the host country (activities, culture, safety norms, rules to respect...)

Youth's foreign-stay phase: know how to delegate the monitoring of the youth to the foreign homologue; know how to welcome and guide a youth from abroad in great difficulty in one's city

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

Return phase: the EVS report for the youth, the improvement-effect of his experience, mobilisation of local insertion structures...

  

 

Legal basics: the different cases of voluntary youths in the hand of the law and Community legislation concerning mobility of youth in great difficulty The organisation of the transnational partnership: consideration of roles, responsibilities and the competencies of each actor in the network The particular skills of networking: get to know one's foreign partners (work methods, pedagogic approach); know how to delegate at-distance monitoring of the youth, to learn about the host country, know how to refer to existing European documents...

Establishing local partnership: mobilisation of local services and actors and the setting-up of human and technical resources Management and organisation in a transnational framework

  

Module 4: Local and transnational partnership

Module 5: New technology and communication

Using the media to advertise and diffuse information on the EVS project Communication techniques: forming a team, chairing meetings, at-distance communication in an intercultural framework Using internet, visio- or video-conferencing

These modules would be completed in different cities by: -

-

-

meetings with local officials, the police, legal departments, local prison and health services, training centres, intercultural mediators and youths who have benefited from mobility in the EVS framework... visits of homes for youths (or other accommodation structures) and structures offering activities to youths (cultural, artistic, sporting, audiovisual, technological, socio-educational, ecological...) debates with local educator-animators and heads of all associated establishments.

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4.6. Mobilisation of civil society To work with young people at great risk within the framework of a mobility programme is not something easy. It demands a big investment on the part of the management agency of the project, and of the professional responsible for following the volunteers. If the training needs to be better adapted for this type of project and for this type of clients, it seems to us that solely the professional can handle all the difficulties and crisis situations that could arise.

Moreover, we have shown in the preceding part that rupture and estrangement, even if these reinforce the young person’s identity allowing him to construct his « life project », requires faculties and adaptability presupposing a particularly solid framing.

This is why the presence of a third volunteer in the network seems desirable to us with respect to the follow-up of the most vulnerable of the young.

This experience has largely already been had in several Anglo-Saxon countries, particularly across mentoring or parenting programmes.

Mentoring 64 rests on the idea that the young person in difficulties needs to be listened to, in order to regain confidence in himself and his surroundings to return to « a normal life » ; to know that someone is there to help him each time he needs it.

In the experience gained by Crime Concern 65 , the encounter between a young person and a mentor is not a question of chance, but the youth has the possibility, during a week-end for example bringing together several young people and several mentors –as it is done at the core of the Mentoring Plus 66 agency, to choose « his » mentor, that is to say with the person he wants to work with, because of the personality and their common affinities.

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The word « mentorate » comes from ancient Greece, when Ulysses, the king of Ithaca, asked his friend Mentor to give guidance to his son Telemachus while he was away at the Trojan war.

65 Crime Concern is an independent British agency which has since 1988 organised delinquency prevention and fighting crime programmes throughout the country.

66 Mentoring Plus is one of the prevention programmes of Crime Concern.

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The Mentoring Programme in UK (Crime Concern) 67 Mentoring programmes have become very popular in UK. It is a matter of an effective means for helping the mentee to find confidence in himself again and allowing him to attain his aims (academic, professional, or personal). Today mentoring programmes also exist in the business world, as in primary and secondary schools, universities and several other domains.

The diverse mentoring programmes such as those put forward by the Crime Concern agency, concern the young who have ahead a run in with justice, or have been exposed to risks of deviancy. It concerns precisely the young who face the following difficulties : - Family troubles, socio-economic difficulties, parents involved in crime, acts of violence or drug networks.

- Under group pressure. Absenteeism or lack of interest in school, school exclusion - Drug use, alcoholism or mental health problems - Are on the streets without any fixed address.

The characteristics of mentoring are the accompanying of the young, encouragement, constructive criticism, dialogue, listening and advising. In this precise context, mentoring is a relationship between two people, between an adult mentor and a young mentee, whose aim is to help the young person to express his potential and achieve his aims.

As for the young persons with problems, the volunteer mentor comes from the same background as the young person he follows around, and someone on whom the young person can count upon, who is not linked to other adults representing an authority figure in their environment (police, teachers, social workers, judges, or even parents) with whom they are in frequent difficulties. Mentors can help the mentee because of the extra support they bring and because of the positive image of an adult role model they have.

These volunteers need to be carefully selected and validated by the agency managing the project.

It also seems to us to be desirable that the young person can also be in relationship with a mentor during the whole duration of his stay in the hosting town. There also, the youth needs to have the possibility of knowing his mentor from the host town, prior to his departure, during an informal meeting in his town of origin or, by default, through multiple contacts –by telephone, letters or by video-conference.

The relationship between a mentor and his mentee needs to be based upon confidence and a « amicable contract ».

Planned meetings should have taken place once a week during which the mentor will have listened to the problems that the youth would have come across – be these on his plan of action, on the social plan, the logistics, or relations with staff – and to help him overcome these. He is also there to advise the youth, find solutions, to reassure, and to encourage him to pursue his efforts in adaptation, and integration into the host society.

It is all the time important, in order not to break the relationship of confidence between the two, that the mentor does not at any time become the young person’s confidant, too involved in his personal problems, take on his problems, etc. The

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Extract from « Youth Justice Board : Mentoring for Young People at Risk and Young Offenders », May 2000, Crime Concern, p. 4.

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young person may count on his presence at all times but not so far as to installing a dependent relationship.

After each meeting that he deems important, the mentor needs to communicate to the managing agency of the project, and to the professional who has responsibility for the youth a brief record that allows the positive and negative aspects of the youth's experience to be evaluated ; and, more generally to ameliorate the weaker aspects of the project.

The system of relays ensured by the « foster parents», developing in France for a number of years, functions in a similar fashion.

Relays of adults in France : the example of Libourne (Gironde, France) 68

Nature of the action : Experimental terms entitled C.A.A. (Contract of Accompanying towards self-reliance). Individualised social accompanying for young persons with severe problems not related to existing terms.

Principal Aims : - To respond to the urgent needs of young people with severe problems - To lead progressively towards an individual reconstruction leading to integration - To develop solidarity and engagement around these youth by associating professionals and volunteers in the course of accompanying.

The Client Group : Youth of the commune in rupture (aged 18 à 25), at great risk : squatters, prison leavers, drug users, suicidals…

Starting off place : Libourne and its region 1999 : setting up of the partnership 2000 : start-up An articulation of the work between professionals and volunteers : The interveners are professionals from the field of health and social work in the network, mainly prevention specialists, from the local mission station and the socio-medical centres of Libourne, and adult relays, nonprofessional volunteer inhabitants working in support, with a tutoring or parentage role for the young.

The idea of utilising volunteers from civil society in an activity of social solidarity around the most vulnerable members of the public, has known how to adapt itself to the constraints of following around someone with particularly severe problems. [...] The idea of criteria for « recruitment », of training in accompaniment by the Léo Lagrange, of the definition of roles as a function of situations, of the make up of a team with regular meetings, has permitted the construction of well thought out principles of partnership. The volunteers, who have diverse professional activities or are retired, need all to be members of a trade union (in a free choice situation, there isn’t a structure for adult-relays ), who receives an allowance of 500 francs for occasional expenses incurred in following young people.

The adult-relay that only intervenes once at the beginning of the course is outlined, inasmuch as the privileged person or the « fosterer » in social relations as the youth begins to take diverse steps.

Perspectives : In 2001, the number of young people followed in the context of CAA mounted, other communes signed the agreement with the Conseil Général, and the outcomes for the client group were positive : access to lodgings, engagement in the process of care or professional integration…

The presence of a third person in the project, a volunteer, seems to us to be important in preventing a number of crisis situations, sometimes dramatic, that the 68

Taken from « La politique de la ville et la prévention, recueil d’expériences », op. cit. , pp. 68-70

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EVS programme has known in the past, notably by reason of the lack in the hedging in of young people at risk.

However, this proposition does not resolve a number of questions, particularly from the side of the Latin countries of EU. Notably, it has raised fears, a certain scepticism, such as a reticence amongst professionals, partners in our study. For some , volunteership, in a general way, is a way for the state to disengage itself from social policy. Also, most of the partners have expressed disquiet at seeing a volunteer working with a young person with severe problems without having received appropriate training. For them, this would lead to a grave misunderstanding of the young person’s difficulties, his manner of functioning and would thus lead to a poor management of his relationship with him.

As for the professionals we thus recognise also some training for volunteers.

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4.7. A well-organised trans-national partnership EVS obliges the different actors involved in the network to work closely together.

This trans-national partnership must be as well organised and structured as is required to work with the young who face specific difficulties. It can only function if the relations between different network members are clearly defined from the outset.

4.7.1. The partnership between the different project managers Having sought, amidst the ensemble of offers available in the network, that which would be best for the young person, the management in the town of departure of the young needs to ensure, close to the agency of the town of arrival are as follows : -

conditions of hosting, that have been envisaged for the young in matters of lodging, transport, social and medical services, should the need arise; the contents and the organisation of its activities ; the organisation of other activities and, in particular, language courses (beginners or mid-level); The conditions of the management of the young (a professional and, if need be, a volunteer).

They together determine a precise of the different steps to follow for the young.

All these conditions need to correspond to the wishes that the young person would have formulated during his preparatory phase with the professional. They could be the object of a tripartite contract between the manager of the town of departure, that of the host town and the young person.

This leads us to the question of the confidentiality of information on the young person. It seems to us that, in certain cases, some information known to the agency in the town of departure needs to be sent to the agency in the other town for better adapting the hosting and framing conditions to the young person’s profile.

Thus, for example, one must not send a young person who would have drug related problems and who is in treatment phase, to a quarter of the town where drugs are particularly around.

Similarly, a young volunteer whom one knows to suffer from strong depressions, must not be lodged in a single room but much rather in a family with people around.

The relations between the two project managers from each town needs to be extremely well-defined if one wishes to avoid, there still, what happens in situations of crisis. Regular communication must be installed between the two organisations.

4.7.2. Relations between the professionals and between volunteers Meetings shall be organised by the head of the network to allow professionals and/or volunteers that lead to working together, to meet.

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The professional and/or the volunteer from the town of departure of the youth will establish contact with is opposite number in the host town to exchange what appears to him to be necessary for the good beginning and to the successful sojourn of the young person abroad.

Together, they must establish a diary to regularly record the experience of the young person via e-mail, telephone, fax or a new means of communication to be put in operation.

This partnership implicates professionals and/or volunteers responsible for the accompanying and follow-up of the young in learning to communicate in different languages.

4.7.3. The partnership between specific mediators of judicial systems and health services Integration within the project of young persons under judicial order or former drug users in treatment, will lead social services and judicial systems in each town to work closely together.

Hence, the judge or the doctor (according to his interest in a young person under judicial control or a former drug user in treatment), from the town of departure who would have given the ÂŤ green light Âť to the young person to leave, must get into contact with a judge (or a doctor) from the host town who has the task of looking out for the young person to respect all the conditions and the duties that would have been assigned to him by the judge (or the doctor) from his town of origin.

The relations between the two judges or doctors need to be made official by a signed contract between the two towns, and fixes each one’s responsibilities. The two judges or doctors must, beyond measure, communicate in the two known languages.

Police services could equally be led to co-operate.

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It is only due to all these conditions for the good structuring of the network that EVS will then be an excellent opportunity for these youngsters with big problems to take their future into their own hands, to find their place in society and to acquire European citizenship.

But it is also across this synergising of EU towns that must engage, come together and co-operate amongst themselves for European mobility to become accessible to the greatest number of young people, that will make the social Europe of tomorrow.

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Bibliography

Social Exclusion - Communication of the European Commission, “Constructing an Inclusive Europe” , 01.03.2000.

- The Passage, A European Experience Against Social Exclusion”, Community Programme (PIC) Emploi Horizon, 1995-1997.

- Report of the « Working Group on Inclusion » published in relation to the Conference Maximising Inclusion » organised by the European Commission and SOS (Structure of Operational Support), 1998-1999.

- Introductory Reports to the Conference of Naples “ Security and Democracy”, European Forum for Urban Security , December 2000.

- « Report from meetings on a strategy for inclusion for the Youth Programme », European Commission, 2001. nd - European Unity, Social Solidarity, Diversity of States, 2 Report on Economic and Social Cohesion, European Commission, Volume 1, January 2001 Young Adults and Criminal Policy - DELMAS-MARTY, M. in Modèles et mouvement de politique criminelle, Paris, 1983, Ed. Economica.

- DÜNKEL, M. F, “Legislation in Force Relating to Young Adult Delinquents” in, Acts of the 10th Criminological Colloquium (1991), European Committee on Problems of Criminality, Criminological Research, vol. XXX, Council of Europe publications, 1994 - « Introduction », Young Delinquent Adults and Criminal Policy, Acts of the 10th Criminological Colloquium (1991), European Committee on Criminal Problems, Criminological Research, vol. XXX, Council of Europe publications, 1994 - JUNGER-TAS, The Nature and Evolution of the Delinquency of Young Adults“ in Young Delinquent Adults and Criminal Policy, Acts of the 10th Criminological Colloquium (1991), European Committee on Criminal Problems, Criminological Research, vol. XXX, Council of Europe publications, 1994 - “Prison Overpopulation and Prison Inflation”, Recommendation N° R (99) 22, adopted by the Committee of Ministers of the Council of Europe, September 30 ,1999.

- TOURNIER, P.-V., “European Prisons, Prison Inflation and Overpopulation”, March 2000, Report to the European Council of Ministers , Prison overpopulation and Prison Inflation, Recommendation No. R (99) 22, adopted by the Committee of European Minister in Council , 30th September,1999.

Community and National Legislation - “Communication of the European Commission to the Council of Ministers and to the European Parliament on the Special Measures Concerning the Displacement and Residence of EU Citizens that are Justified for Reasons of Public Order, Public Safety and Public Health” (Directive 64/221/CEE).

- “Working Paper on the Designing of Measures to Put into Operation the Principle of the Mutual Recognition of Decisions in Penal Matters”, Presidency of the Group « Co-operation in Penal Cases », Brussels, Council of the European Union, 6/07/2001.

- de KERCHOVE, G., « La reconnaissance mutuelle des décisions pré-sentencielles en général » in de Kerchove, G., Weyembergh, A. (éd.), La reconnaissance mutuelle des décisions judiciaires pénales dans l’Union européenne », « Etudes européennes », Collection, Editions de l’Université de Bruxelles, 2001 (publication at press).

- de KERCHOVE, G., « L’espace judiciaire pénal européen après Amsterdam et le sommet de Tampere » in de Kerchove, G., Weyembergh, A. (éd.), Vers un espace judiciaire pénal européen, Editions de l’Université de Bruxelles, 2000.

- « Le WGI majeur et mineur : mobiliser la collectivité pour prévenir la récidive (Epinay-sur-Seine, Seine-Saint-Denis) » in La politique de la ville et la prévention, Compilation of studies, Repères, Editions de la DIV (Délégation interministérielle à la ville), Paris, Juin 2001.

- PRADEL, Jean, Droit pénal comparé, Paris, Editions Dalloz, 1995.

77

Statute of Volunteer - Bulletin Voluntar-e-news n°2 , Association of Voluntary Service Organisations (AVSO), May 2001.

- La Charte du réseau Step-by-Step, May 1999.

- Modified Proposition of the Recommendation of the European Parliament and of the Ministers in Council Relating to the Mobility of Students, Persons Receiving Training, Young Volunteers, Teachers and Trainers within the Community”, Brussels, 5 October 2000, European Commission.

Rupture - GENEVE, M., « A quoi sert la mobilité ? » in Echanges et mobilité des jeunes en Europe, under the direction of J. Kraus, UFCV, Document of the l’INJEP, n°20, Avril 1995.

- MONTAIGNE, M. de, Essays (1580-1588), Complete Works, Paris, Gallimard, Bibliothèque de « La Pléiade », 1967.

- SAFI, Hadj Safi, « Bourse d’Echange Nationale : un programme d’insertion jeunes basé sur le principe de la rupture -Comprendre la rupture pour favoriser l’accompagnement et l’insertion des jeunes rencontrant des difficultés en lien avec ce processus », Post graduate study « Conception Réalisation Evaluation des Programmes Insertion Jeune » under the supervision of Jean Barnes, Université Paris 13 Villetaneuse, October 2000.

Pedagogy, Training, Education - CANDIDE, C., « Apprentissage de la langue : vers une lente émergence d’un droit » in VEI Enjeux, n°125, June 2001.

- COLSON, D., GERARD, F.-M. (BIEF, Louvain-la-Neuve), GUITARD, C., MARTYNOW, N. (Service de Pédagogie expérimentale, Université de Liège), « L’insertion des jeunes sans qualification dans les pays de l’Union européenne », survey carried out at the request of the European Commission, 1998, “To Pursue One’s Training”, Strategic File. DG XXII – Education, Training, Youth -, Project No. 96-013PE-0409-00, Office of Official Publications of the European Community, Luxembourg.

- GILBERT Patrick, PARLIER Michel, « La gestion des compétences » in Personnel n° 330, February 1992.

- MALGLAIVE Gérard, Enseigner à des adultes travail et pédagogie, Paris, PUF, 1990.

- de MONTMOLLIN Maurice, L’intelligence de la tâche - éléments d’ergonomie cognitive, Berne, Editions Peter Lang, Science pour la communication, 1986.

- « European Voluntary Service, Working Group on the Prevention of Risks and Crises », Final Report, SOS, European Commission, Brussels, September 2000.

- « Un contrat d’accompagnement des jeunes à l’autonomie (Libourne, Gironde) » in La politique de la ville et la prévention, recueil d’expériences, Repères, Editions de la DIV (Délégation interministérielle à la ville), Paris, June 2001.

- « Youth Justice Board : Mentoring for Young People at Risk and Young Offenders », Crime Concern, May 2000.

Internet Sites - http://europa.eu.int/scadplus/leg/fr/lvb/123010.htm - www.leuropeen.com/enquetes/980422_3b.htm

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