Preparation Kit Schengen2014

PREPERATION KIT

The 1st National Selection Conference is organised by:

Supported by:

Dear Delegates, The chairs’ team of the very first National Selection Conference of EYP Luxembourg is proud to present the Academic Preparation Kit.This kit contains six elaborate overviews of the topics that you will be dealing with during the conference in Luxembourg They serve as primary research material and aim at providing a framework outlining the topics. Through the links provided with each section of each overview, your additional individual research is facilitated. The chairpersons have worked hard to provide you with highest quality, so you will be optimally prepared at the time of the session. Therefore, I strongly advise you to put substantial effort into reading the overview thoroughly and finding further information from your part.

Organising a conference in Schengen, gathering young people from all over Europe, has an incredible symbolic value. The session theme, ‘Mobility of Young People in Europe’, refers to the agreement establishing Europe’s borderless area of free movement, which was signed in Schengen on 14 June 1985. All session topics are related to the freedom of movement in one way or another. Therefore, I would like to invite you to not only have a closer look at your own overview, but also scroll down to the other 5 topics that your colleagues will be working on. The session in Schengen will then be a culmination of knowledge, where you will not only be able to propose a resolution on your own topic, but also elevate the other resolutions to higher levels.

The European Youth Parliament offers a remarkable platform for you to discuss and debate on current European issues, encouraging independent thinking and giving you multiple opportunities to challenge yourself. One crucial part of this self-development for this session and our vision is preparation. The entire officials team is there to support you in your preparation for the session and this Preparation Kit is a means of starting it.

That is all from my part, I don’t want to take too much of your precious preparation time away. I sincerely hope that this Prep Kit gets you even more excited about the session.

Looking forward to meeting you all in Schengen incredibly soon!

Hans Maes, President of Schengen 2014

Table of Contents

EMPL Opportunity or obligation: With regards to freedom of mobility and labour, how should the EU reshape its active labour market policies (ALMPs) in the fight against youth unemployment?

LIBE With the recent tragedies near the island of Lampedusa, EU migration and asylum policies have been questioned widely. To what extent should the EU review its asylum policy and the Dublin III-regulation in order to avoid such tragic situations in the future?

TRAN Connecting East and West: Keeping in mind the Trans-European Transport Networks (TENT) policy, what position should the EU take in order to establish a fair transport network for all Member States and modes of transport whilst respecting its climate change objectives?

AFCO Reversing the Schengen Agreement? With the recent amendment of the Schengen Borders Code by the European Parliament and an increase in calls for stricter regulations on free movement, what stance should the EU take regarding the implementation of the Schengen Agreement whilst safeguarding the four freedoms?

ENVI With improved mobility in the Schengen Area comes a higher movement of germs, bacteria and viruses across borders. In light of the recent EU ‘Decision on Serious Cross-border Threats to Health’, what further actions should the EU and its Member States take to prevent an increase in communicable diseases and safeguard health security?

CULT Considering the importance of international vehicular languages in a globalized world as well as the commitments made in the European Charter for Regional or Minority Languages: How can Member States facilitate linguistic mobility while honouring the abovementioned treaty?

PREPARATION KIT

!

EMPL !

COMMITTEE ON EMPLOYMENT AND SOCIAL AFFAIRS (EMPL) Opportunity or obligation: With regards to freedom of mobility and labour, how should the EU reshape its active labour market policies (ALMPs) in the fight against youth unemployment?

by Martin Ellingsen (NO) and Tetiana Korniichuk (UA)

1. DEFINITIONS AND KEYWORDS •

Active Labour Market Policies (ALMPs) – government programmes with the intention of getting unemployed workers back into the labour market.

•

The Flexicurity Model (Also referred to as just flexicurity) – a combination of easy hiring and firing, providing flexibility and mobility for employers, and high benefits for the unemployed. This is combined with training to increase job mobility.

•

Labour market – a field where employees and employers interact with each other, first to compete in finding the most satisfying job, and second compete in hiring the best at the most affordable price.

•

Scarred/Lost generation – a generation running the risk of being low demanded, “skipped” or uncompetitive in the labour market.

•

Unemployment – a condition in which a person is able to work, actively seeking work, but is unable to find any. The most cited measure of unemployment is the unemployment rate, which is the number of unemployed persons divided by the number of people in the labour force.

•

Vocational training – training that emphasises the acquisition of specific skills and knowledge required for a particular job function.

•

Workforce – the total number of country’s employed population, plus those unemployed who are actively seeking a paid job.

Links: •

The European Commission on flexicurity: http://ec.europa.eu/social/main.jsp?catId=102

PREPARATION KIT

!

EMPL !

•

Unemployment statistics: http://epp.eurostat.ec.europa.eu/statistics_explained/index.php/Unemployment_ statistics#Youth_unemployment_trends

•

Analysing skills mismatch and policy implications: http://www.cedefop.europa.eu/EN/Files/3056_en.pdf

2. RELEVANCE OF THE TOPIC AND EXPLANATION OF THE PROBLEM The EU has faced rising unemployment since the financial crisis in 2007, especially in youth unemployment. Many would agree that youth unemployment is one of the biggest challenges that the EU is currently encountering; today’s statistics show that 23.3%1 of the European youth are currently unemployed. Countries such as Spain and Greece suffer the most, the latter with youth unemployment rate being at a staggering 65%2.

EU Member States are facing what have been called “lost” or “scared” generations.

When almost an entire generation is left out of the labour market, they run the risk of not being able to take part of it in the future, as younger generations are more preferred by employers than people who have been without work for a longer time. The statistics show that the longer someone is left out of the labour market, the lesser the chances for them to find a job, making long-term unemployment a downward spiral. It is dangerous to get trapped in, and potentially extremely difficult to get out of.

Due to the free float of work force between EU countries and a common labour market, it is difficult to tackle the youth unemployment on a national level. Sweden, who also suffers from high youth unemployment 3 , has started paying its youths for going across the border to find work, a short-term solution that shifts the problem to youngsters from other European countries.4 Yet, the Member States are responsible for developing and implementing their active labour market policies (ALMPs). As of now, ALMPs are split into three main categories; the !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

1

!http://ec.europa.eu/social/main.jsp?catId=1036! !http://www.cbc.ca/news/business/greekAyouthAunemploymentAhitsArecordA65A1.1337224!

3 !http://www.unric.org/en/youthAunemployment/27411AswedenAhighestAratioAofAyouthAunemployment!

4 !http://www.telegraph.co.uk/news/worldnews/europe/sweden/9645959/SwedenApaysAjoblessAyouthAtoAmoveAtoA Norway.html!

2

PREPARATION KIT

!

EMPL !

first one is public employment services, which are public organisations which help unemployed search for work, assist with writing of CVs and acquiring job interview skills.

The second category is training schemes, which are classes and apprentice positions with the goal of increasing vocational skills and making the unemployed more attractive in the labour market. The third category is employment subsidies. In this case the government subsidies private or public organisations, to create new position, short – or long term, to hire people with little experience. Hence, giving them more experience for the future.

Links: •

European

Commission

on

youth

unemployment

(good

introduction):

http://ec.europa.eu/social/main.jsp?catId=1036 •

Active Labour Market Policies rapport by the European Commission: http://ec.europa.eu/europe2020/pdf/themes/24_almp_and_employment_services.

pdf •

The European Union Tackling Youth Unemployment In Times of Crisis: http://library.fes.de/pdf-files/id/ipa/09516.pdf

•

‘Europe takes steps to tackle youth unemployment ‘(The Guardian, July 2013): http://www.theguardian.com/society/2013/jul/01/europe-steps-tackle-youthunemployment

3. KEY ACTORS The European Commission (EC) is the executive body of the European Union responsible for proposing legislation, implementing decisions, upholding the Union's treaties and day-to-day running of the EU. The EC proposes measures aimed at tackling youth and adult unemployment. After those being approved by the Parliament and the Council, the EC is responsible for the implementation of such measures in the Member States through National Governments and EU Agencies.

Member States are states that are party to treaties of the EU and thereby subject to the privileges and obligations of EU membership. Member States are responsible for

PREPARATION KIT

!

EMPL !

developing and implementing their ALMPs and are subject to reporting to the EC and the European Council on the measures taken in various spheres, including employment.

Public employment services (PESs) are authorities that connect job seekers and employers at local, regional, national and European level. Although structured differently in each country, all PESs help match supply and demand on the labour market through information, placement and active support services.

Trade unions (also referred to as labour unions) are organised workers who stand together to fight for their rights, and in many political systems in the different Member States play a crucial role in the making of employment policies.

Links: •

European Trade Union Confederation: http://www.etuc.org/

•

The European Commission ‘at work’: http://ec.europa.eu/atwork/index_en.htm

•

European Commission ‘applying EU law': http://ec.europa.eu/atwork/applying-eu-law/index_en.htm

•

European Trade Union Confederation: http://www.etuc.org/

4. MAIN CONFLICTS The labour market has changed drastically over the past years: with the EU’s focus on smart growth, the labour market now requires a different set of skills, such as entrepreneurship, multilingualism, and computer literacy. Many young people are currently facing serious difficulties in their attempts in finding jobs upon finishing their education. Other than the evident lack of experience of many younger job-seekers, one of the main causes is the increasing mismatch between the skills obtained by the students during their education and the skills that are in fact required by the employers. This does not only create difficulties for the young people struggling to

PREPARATION KIT

!

EMPL !

obtain workplaces, but also results in over two million unfilled vacancies in the EU 5 despite high levels of unemployment. Research shows that the occupations with the most unfilled vacancies in the EU today are those of finance and sales professionals. Other frequently reported shortages concern biologists, pharmacologists, medical doctors and related professionals, nurses, ICT computing professionals and engineers6.

Moreover, the development of measures tackling the issue of youth unemployment runs the risk of harming other age groups. The changes in labour market policies aimed at increasing youth employment can result in simply passing of workplaces from older employees on to younger ones, thus only changing the ratio of the employment between the age groups, leaving the unemployment rates as a whole unchanged. Additionally, if the EU invests more money into rescuing this “lost generation”, there is a chance that older generations moving from one job to another will no longer be able to find work since the job they would have taken has been offered to someone younger than them, due to taxation incentives or other governmental schemes aimed at increasing youth employment.

The freedom of mobility and labour of EU citizens, which allows people from different Member States to seek better living and working conditions than are available in their region of origin, could construe an obstacle for a successful resolution of the problem. It allows citizens of Member States with higher unemployment rates to freely seek jobs in other Member States, thus solving the unemployment problem on a personal level.

However, the movement of the labour force across the borders is leaving both, the receiving state and the state of origin, with possibly bigger instability of their inner labour markets due to the increased competition or ‘brain drain’.

With regard to this, an additional challenge is to find a balance between the adoption and implementation of incentives on an EU-level versus on a national level. Though EU has a common labour market, but it is up to the Member States to implement and develop ALMPs. And even despite there being a common labour market, there is still a large gap between the unemployment rates among the member states within the EU. It remains an open question whether the EU should have a bigger role in developing ALMPs for the common labour market. One must take note of the existing difference in willingness of the Member States to give up their sovereignty to the EU, as it might !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

5 6

!http://ec.europa.eu/social/main.jsp?catId=1036! !http://europa.eu/rapid/pressArelease_IPA12A1329_en.htm!

PREPARATION KIT

!

EMPL !

benefit countries with high unemployment, but not those with low unemployment rates, rather the opposite.

Links: •

Youth unemployment in the EU: http://ec.europa.eu/social/main.jsp?catId=1036

•

EU skills panorama, a website presenting current mismatch of the skills required and available on the labour market, as well as expected dynamics for major areas of employment: http://euskillspanorama.cedefop.europa.eu/

•

International Monetary Fund on scared generations: http://www.imf.org/external/pubs/ft/fandd/2012/03/morsy.htm

5. LEGAL FRAMEWORK The legal basis of the EU’s employment policies is set forth in the Title IX of the Treaty on the functioning of the European Union7 (TFEU), which pronounces employment as a matter of common concern of the EU Member States and initiates the development of a coordinated strategy in this field. Each year Member States provide the European Council and the European Commission with reports on the principal measures taken, and receive the Council’s guidelines on their employment policies. The European Parliament and the Council may adopt incentive measures designed to encourage cooperation between Member States.

Europe 20208 is the EU’s ten-year growth strategy that was launched in 2010. It is a comprehensive strategy covering the major areas of development in order to tackle the consequences of the financial crisis. As one of the five key targets of Europe 2020 is achieving a 75% employment rate for the working-age population (20-64 years), the issue of youth unemployment is frequently addressed by several inclusive programmes and initiatives. !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

7 8

!http://eurAlex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2010:083:0047:0200:en:PDF! !http://ec.europa.eu/europe2020/index_en.htm!

!

PREPARATION KIT

EMPL !

Two of the major initiatives within the Europe 2020 Employment Strategy that deal with youth unemployment are Youth on the Move9 and Agenda for new skills and jobs10.

Youth on the Move is aimed at improving young people’s schooling and employability by making education and training more relevant to young people's needs, encouraging more young people to take advantage of EU grants to study or train in another country and encouraging EU countries to take measures in simplifying the transition from education to work. The Agenda for new skills and jobs is aimed at equipping people with the right skills for the jobs, improving the quality of jobs and ensuring better working conditions, as well as conditions for job creation within the general target of improving flexibility and security in the labour market.

In 2013, the strategy was reinforced by the Youth Employment Initiative11, aimed at supporting young people not in education, employment or training by putting stronger emphasis on the Youth Employment Package12. This includes a strong recommendation to Member States on introducing the Youth Guarantee13 to ensure that all young people up to age 25 receive a quality offer of a job, continued education, an apprenticeship or a traineeship within four months of leaving formal education or becoming unemployed, and launch a consultation of European social partners 14 on a Quality Framework for Traineeships15 so as to enable young people to acquire high-quality work experience under safe conditions.

The European Centre for the Development of Vocational Training (CEDEFOP) is an institution supporting the development of European vocational education and training (VET) policies and contributing to their implementation. Two-thirds of enterprises in the EU are currently providing vocational training, with countries such as Austria, Sweden and the UK having these proportions over 80%16.

The European Social Fund (ESF) is Europe’s main instrument for supporting jobs, helping people get better jobs and ensuring fairer job opportunities for all EU citizens. It works by !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

9

!http://ec.europa.eu/youthonthemove/! !http://ec.europa.eu/social/main.jsp?catId=958&langId=en!

11 !http://ec.europa.eu/social/main.jsp?langId=en&catId=89&newsId=1829&furtherNews=yes!

12 !http://ec.europa.eu/social/main.jsp?langId=en&catId=1036&newsId=1731&furtherNews=yes!

13 !http://ec.europa.eu/social/main.jsp?catId=1079!

14 !http://www.eurofound.europa.eu/areas/industrialrelations/dictionary/definitions/europeansocialpartners.htm!

15 !http://cor.europa.eu/en/events/Pages/stakeholderAconsultationAkupcinskasAtraineeship.aspx!

16 !http://epp.eurostat.ec.europa.eu/cache/ITY_PUBLIC/3A11062013AAP/EN/3A11062013AAPAEN.PDF! 10

PREPARATION KIT

!

EMPL !

investing in Europe’s human capital – its workers, its young people and all those seeking a job. ESF is funding tens of thousands of local, regional and national employmentrelated projects throughout Europe: from small projects run by neighbourhood charities to help local disabled people find suitable work, to nationwide projects that promote vocational training among the whole population.

Links: •

European Commission’s call to action on youth unemployment: http://ec.europa.eu/social/BlobServlet?docId=10298&langId=en

•

Current EU measures to tackle youth unemployment: http://ec.europa.eu/social/BlobServlet?docId=10308&langId=en

•

Youth Guarantee programme: http://ec.europa.eu/social/main.jsp?catId=1079&langId=en

PREPARATION KIT

!

LIBE !

COMMITTEE ON CIVIL LIBERTIES, JUSTICE AND HOME AFFAIRS (LIBE) With the recent tragedy near the island of Lampedusa, EU migration and asylum policies have been questioned widely. To what extent should the EU review its asylum policy and the Dublin regulation in order to avoid such tragic situations in the future?

by Christian Browne (UK) and Kristýna Stejskalová (CZ)

1. DEFINITIONS AND KEYWORDS •

Asylum – fundamental right 1 granted to people fleeing persecution or serious harm in their own country and therefore in need of international protection.

•

Dublin II Regulation - this regulation establishes the principle that only one Member State is responsible for examining an asylum application. The objective is to avoid asylum seekers from being sent from one country to another, and also to prevent abuse of the system by the submission of several applications for asylum by one person.

•

Dublin III Regulation – replaced II in 2013; asylum seekers can now appeal over home office affairs in regards to decisions made about visas or permits. Change also aims to help asylum seekers under the age of 18 by allowing them to travel unaccompanied (by family) if it is in the child’s best interest.2

•

Common European Immigration Policy – the task of this policy is to provide a flexible framework that takes into account EU countries’ particular situations and is implemented in partnership between the EU countries and institutions. They aim at ensuring that legal immigration contributes to EU’s socio-economic development, EU countries’ acts are coordinated, cooperation with non-EU countries is developed further and illegal immigration and trafficking in human beings are tackled effectively.

•

Common European Asylum System – a joint approach to guarantee high standards of protection for refugees established within the EU and based on the

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

1

!First!recognised!in!the!1951!Geneva!Convention!on!the!protection!of!refugees:! http://www.unhcr.org/protect/PROTECTION/3b66c2aa10.pdf!

2 !http://ncadc.org.uk/legal/thirdJcountryJcasesJdublinJiiiJregulationsJcomparedJtoJdublinJii/!

PREPARATION KIT

!

LIBE !

same fundamental values among Member States. Procedures must at the same time be fair and effective throughout the EU and impervious to abuse.

•

Lampedusa – an Italian island on the coast of North Africa, which is often used as a waypoint for migrants seeking asylum. Between January 1st and September 30th 2013, 30,100 migrants travelled to Lampedusa on boats from North Africa. The largest groups of migrants were from Eritrea (7,500), Syria (7,500), and Somalia (3,000).

Links: •

Dublin II Regulation: Criteria and Principles http://europa.eu/legislation_summaries/justice_freedom_security/free_movement_ of_persons_asylum_immigration/l33153_en.htm

•

Common European Immigration Policy: Principles and Legal Framework http://europa.eu/legislation_summaries/justice_freedom_security/free_movement_ of_persons_asylum_immigration/jl0001_en.htm

•

European Commission: Common European Asylum System http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/asylum/index_en.htm

2. RELEVANCE OF THE TOPIC AND EXPLANATION OF THE PROBLEM In the early hours of 3rd October 2013, a boat packed with more than 500 Eritrean men, women and children caught fire and capsized. Only 155 people survived, and 364 bodies have since been recovered. It was one of the worst disasters to occur in the Mediterranean in recent years. Absolutes are hard to establish when many victims, in the grip of an illicit people-smuggling trade, are never recovered. As the images of tiny white coffins and vivid testimony from survivors went around the world, tragedy struck again.

One day after, 4th October 2013, Maltese and Italian rescuers raced to the site of another stricken vessel, this time carrying mostly Syrians fleeing their war-torn country. More than 200 people were saved, but at least 38 died. Just a few days later, 31st October 2013, 92 persons were found dead in central Sahara on the route from Niger to Algeria. The immediate reaction was to denounce the dangers of irregular migration across the Sahara to the EU, even though no one knows where these migrants had been headed.

PREPARATION KIT

!

LIBE !

Beyond the death of so many people, the pressure that those who survived the journey and those that undertook similar cross-Mediterranean voyages would put on a tiny Italian island became a worry at the Italian and also at the EU level. It sparked a drive to reform the EU immigration and asylum policies. The European Council of 25 October 2013 invited “The European Council invites the newly established Task Force for the Mediterranean, led by the European Commission and involving Member States, EU agencies and the EEAS3, to identify -based on the principles of prevention, protection and solidarity - priority actions for a more efficient short term use of European policies and tools.”4 From 1998 till 2013, 623,118 migrants have been found to reach the seashores of the EU irregularly, representing an average of almost 40,000 persons a year. Moreover, numbers of migrants smuggled by sea are relatively small compared with the numbers of immigrants admitted regularly to the EU, around 1.5 million new immigrants every year.5 Migration has become an increasingly important phenomenon for European societies.

Patterns of migration flows change greatly over time, with the size and composition of migrant populations reflecting both current and historical patterns of migration flows.

Migration represents both an opportunity and a challenge. While well-managed migration may foster progress and welfare in origin- as well as destination countries, its mismanagement may put social cohesion, security and national sovereignty at risk. Sound policy-making on migration and related matters must be based on knowledge, but the construction of knowledge must in turn address policy priorities. Because migration is rapidly evolving, knowledge thereof needs to be constantly updated.

Links: •

The Guardian: Why Lampedusa remains an island of hope for migrants http://www.theguardian.com/world/2013/oct/16/lampedusa-island-of-hope

•

Eurostat: Asylum applicants and first instance decisions on asylum applications: second quarter 2013

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

3

!European!Union!External!Action:!http://www.eeas.europa.eu/!! !http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/ec/139197.pdf!!

5 !Migration!Policy!Centre:!http://www.migrationpolicycentre.eu/docs/MPCJRRJ2013J009.pdf!!

4

PREPARATION KIT

!

LIBE !

http://epp.eurostat.ec.europa.eu/cache/ITY_OFFPUB/KS-QA-13-012/EN/KS-QA13-012-EN.PDF •

The Guardian: EU pressed to rethink immigration policy after Lampedusa tragedy http://www.theguardian.com/world/2013/oct/08/eu-immigration-policy-

lampedusa-tragedy

3. KEY ACTORS Due to Common Immigration Policy for Europe6, all Member States are equal actors in the issue of immigration and asylum policy. Each EU country alone decides the total number of migrants that can be admitted to the country to look for work; all final decisions on migrant applications; rules on long-term visas – stays for periods longer than three months; and conditions to obtain residence and work permits when no EU-wide rules have been adopted.

On EU level, the institution responsible for the Common European Asylum System and Common European Immigration Policy is the European Commission.

In May 2009 the European Commission adopted the EU Blue Card. This permit will make it easy for skilled third-country workers to live and work in any of the participating EU member states. Legislation is now in place on a European level, gradually member states will start accepting applicants to this program.

Migration cannot be managed by the EU alone. Finding ways to address the challenges and make the most of the benefits brought by migration requires dialogue and partnerships with non-EU countries. The Global Approach to Migration and Mobility (GAMM) is, since 2005, the EU’s framework for dialogue and cooperation with non-EU countries of origin, transit and destination. It enables migration and asylum issues to be addressed in a comprehensive way.

Links: •

European Asylum Support Office: official website http://easo.europa.eu/

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

6

!A!Common!Immigration!Policy!for!Europe:! http://europa.eu/legislation_summaries/justice_freedom_security/free_movement_of_persons_asylum_immigration /jl0001_en.htm!!

PREPARATION KIT

!

LIBE !

•

Global Approach to Migration and Mobility : http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/internationalaffairs/global-approach-to-migration/index_en.htm

•

EU Blue Card: http://www.apply.eu/BlueCard/

4. MAIN CONFLICTS Whilst there is a general consensus that immigration needs to be addressed, it is not seen as a priority. The rise of anti-immigration parties such as the United Kingdom Independence Party (UKIP) 7 and Partij voor de Vrijheid (PVV) 8 have meant that governments are reluctant to open up talks over immigration out of a fear of losing votes.

This is a problem because, with immigration numbers rising, there is a need to address EU immigration policy.

Further to this, there is disagreement between EU Member States over allocation of migrants. Many Northern European nations such as Sweden and Germany9 are saying that they hold more migrants than other Member States such as Italy. This rising reluctance of further opening borders is particularly a problem as more and more people attempt to flee from Northern African crises10. The Arab Spring’s consequent civil wars (such as Libya, Syria and Egypt) have meant that thousands are now presently in danger and the EU hold the only asylum. Whilst a pillar of EU law, acceptance of asylum seekers can conflict with national interests, this has been aggravated even more by the skewed allocation of asylum seekers; this is generally due to varying interpretations of common European immigration policy by Member States. Yet, there are concerns that Member States want to see this policy reformed, with Deputy Interior Minister, Filippo Bubbico, saying Italy has become subject to an "incessant and massive influx of migrants". An increase of 325% in immigration from North Africa (since 2012) 11 has caused tensions within Italy and has led !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

7

!https://www.ukip.org/!! !http://www.pvv.nl/!!

9 !http://www.bbc.co.uk/news/worldJeuropeJ24630951!

10 !http://www.bbc.co.uk/news/worldJeuropeJ24648657!

11 !http://www.bbc.co.uk/news/worldJeuropeJ26043057!

8

PREPARATION KIT

!

LIBE !

to them reducing the amount of time refugees can remain in the country to 18 months, even though many civil wars last longer than this.

However, there is also a problem of the seeking of asylum. The tragedies off Lampedusa highlighted the danger of immigration. Furthermore, when migrants arrive after travelling from North Africa, the refugee camps do not exhibit satisfactory living conditions. Living spaces are often cramped and there is no support for refugees12. The UN has called for Italy to move migrants from the Lampedusa camps as they are currently four times overcapacity. However, Italy is calling for more money from the EU to undertake such action.

Links: •

The EU dilemma regarding immigration: http://www.bbc.co.uk/news/world-europe-24396020

•

Rising migration to the UK from within the EU: http://www.theguardian.com/uk-news/2014/feb/27/net-migration-uk-jumps-30percent

•

Example of how national immigration policy is discussed http://www.theguardian.com/uk-news/2014/mar/02/immigration-target-torychairman-nigel-farage-ukip

•

The Shocking New Trend In EU Immigration: http://www.youtube.com/watch?v=lGcrV4e6cT0

5. LEGAL FRAMEWORK Since 1999, the EU has been developing a Common Immigration Policy for Europe. EU countries have agreed that the EU should have common, or EU-wide, immigration and visa rules that will be valid all across the EU. Under the Schengen Agreement, migrants can travel anywhere within the EU (who have signed the agreement), once approved, this allows people migrate to areas which have !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

12

!http://www.bbc.co.uk/news/worldJeuropeJ24563442!

PREPARATION KIT

!

LIBE !

jobs and are politically stable, without extensive checks at airports. However, under the Dublin II Regulation, Schengen visas are handled by the country currently providing asylum, which can lead to tensions. In April 2011, France shut its borders to trains carrying North African migrants from Italy (a legal action according to the European Commission).

Italy granted six-month residence permits to over 20,000 migrants, who had migrated since January 2011. Italy then accused France of violating the Schengen Agreement, which led to both countries calling for Schengen laws on internal border controls to be modified.

The Dublin III Regulation was introduced in 2013 in an aid to help further common immigration policy. It is predominantly the same as Dublin II, however, aims to make decisions regarding asylum more fair, through the introduction of appeals. Furthermore, people under-18 are allowed to travel unaccompanied as long as it is in their best interest. These interests include protection from danger as well as searching for family members.

In order to tackle asylum policy within the EU, European Asylum Support Office (EASO) has been established with the aim of enhancing practical cooperation on asylum matters and helping Member States fulfil their European and international obligations to give protection to people in need. EASO plays a key role in the concrete development of the Common European Asylum System and acts as a centre of expertise on asylum. It also provides support to Member States whose asylum and reception systems are under particular pressure.

Links: •

Overview of the Schengen Agreement: http://www.bbc.co.uk/news/world-europe-13194723

•

Official website for the European Asylum Support Office (EASO): http://easo.europa.eu/

•

Euronews the network: Is Schengen facing EU immigration threat? http://www.youtube.com/watch?v=0tcHxROn-7Q

!

PREPARATION KIT

LIBE !

6. SUMMARY/QUESTIONS With the Dublin II under review, how can the EU ensure that people are still able to find asylum from war-torn areas such as Syria? With the rise of anti-immigration parties in Member States, how can the EU ensure that national governments are able to address immigration without the fear of losing voters? What developments can be made to make journeys from Northern Africa safer, preventing such tragedies as those off the coast of Lampedusa? A number of questions must be addressed in finding the best policy response. Was the Lampedusa tragedy the sign of a new trend in irregular migration to the EU; or was it a sign of increased risks associated with smuggling? Do smuggled migrants resemble regular asylum seekers and migrants or do they represent a specific group? In other words do the Lampedusa events call for a drastic revision of EU asylum and migration policy or an ad hoc response?

PREPARATION KIT

!

TRAN !

COMMITTEE ON TRANSPORT AND TOURISM (TRAN) Connecting East and West: Keeping in mind the Trans-European Transport Networks (TEN-T) policy, what position should the EU take in order to establish a fair transport network for all Member States and modes of transport whilst respecting its climate change objectives?

By Tim Backhaus (FI/CH) & Bérengère Gourard (FR) 1. DEFINITIONS AND KEYWORDS • Trans-European Networks (TEN): Trans-European Networks is a policy covering the objectives, priorities, identification of projects of common interest and broad lines of measures for the three sectors concerned such as Transports (TEN-T), Energy (TEN-E) and Telecommunications (eTEN).

• Trans-European

Transport

Networks

(TEN-T):

Trans-European

Transport

Networks (TEN-T) are the infrastructure and transport networks in Europe.

• Innovation and Networks Executive Agency (INEA): Innovation and Networks Executive Agency (INEA) manages infrastructure and research projects in the fields of transport, energy and telecommunications. INEA is the successor of the TEN-T EA (Trans-European Transport Network Executive Agency) and started to operate on 1st January 2014.

• European Single Market: The internal market of the European Union is a single market in which the free movement of goods, services, capital and persons is ensured and in which European citizens are free to live, work, study and do business. Since it was created in 1993, the single market has opened more to competition, created new jobs, defined more affordable prices for consumers and enabled businesses and citizens to benefit from a wide choice of goods and services. The EU is working towards further simplification of the regulations, which still prevent citizens and businesses from making the most of the advantages of the single market.

PREPARATION KIT

!

TRAN !

• Climate change aim and energy sustainability: The EU has set itself as overall environmental goal to reduce greenhouse gas emissions from at least 20% lower than in the 1990s, to increase 20% of energy from renewable resources and to increase by 20% its energy efficiency.

• Interoperability : Interoperability focuses on making the different technical systems on the EU railways work together.

• Knowledge-based economy: The term "knowledge-based economy" stems from this fuller recognition of the place of knowledge and technology in modern OECD economies.

Links: • Introduction to TEN: http://ec.europa.eu/ten/index_en.html • Introduction to INEA: http://europa.eu/about-eu/agencies/executive_agencies/inea/index_en.htm • Introduction to European Single Market: http://europa.eu/legislation_summaries/internal_market/index_en.htm • Introduction to Interoperability: http://europa.eu/legislation_summaries/transport/rail_transport/l24015_en.htm • Introduction to theory on knowledge-based economy: http://www.oecd.org/sti/sci-tech/theknowledge-basedeconomy.htm • Introduction to climate change aims: http://ec.europa.eu/europe2020/index_en.htm

2. RELEVANCE OF THE TOPIC AND EXPLANATION OF THE PROBLEM Since the 1980s, the EU Single Market has been launched in order to deepen the European construction: It has conveyed new freedoms, among them the freedom of movement for its citizens, goods and services. Therefore, the Single Market should establish a great source of growth and employment. However, this potential has not been

!

PREPARATION KIT

TRAN !

fully unleashed yet. Connections are not efficient enough for people, goods and services to travel freely. In practice, roads are too often saturated, railways underutilised, complementarity between modes of transport is rare and natural obstacles are huge hindrances.

Besides, transportation means prove oneself to be great lever for the deepening of European cohesion through the integration of less privileged regions. Indeed, the access of a territory to transportation network enables it to become more attractive. However, a common, European-wide transportation is necessary to that aim, and in particular to enhance the interoperability and efficiently of transportation means throughout Europe.

Here, one should keep in mind that the main missing links of the TEN-T are an East-West connection as well as cross border connections.

Additionally to strengthening the Single Market and fostering the European social cohesion, the evolution of European transportation means could (and should) takes into account the environmental prerogatives set by the EU. In that sense, the Trans-European Transport Network, with its potential innovations and evolutions, is a great lever to achieve a more environmentally friendly EU. In particular, transportation means have been decried as incompatible with environment. Air pollution, forest destruction, fields suppression, use of electricity and thus of nuclear energy are challenging future modes of transport. Transport is the sector that emits the highest CO2 amount in the EU1 and the second largest greenhouse gas-emitting sector after energy. While emissions from other sectors are decreasing, in transport the amount has increased 36% since 1990.2 However, this analysis leaves out the innovation potential beyond new innovative transportation means. Indeed, new eco-friendly means of transport such as the European Green Cars initiative 3 could enable EU citizens to unleash their transportation network while preserving the environment.

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

1

!http://www.tentdays2013.eu/Doc/b1_2013_brochure_lowres.pdf;

2 3

;http://ec.europa.eu/clima/policies/transport/index_en.htm;; ;http://www.green@cars@initiative.eu/public/;

PREPARATION KIT

!

TRAN !

Beyond being environmentally friendly, innovative transportation means could lead the EU to be at the head of a leading edge technology on the international scene. We are living at the age of knowledge-based society, where knowledge and innovation capacity determine the development of a society. Thus, innovative transportation technology could strengthen the European soft power worldwide.

Last but not least, transportation means setting up a great tool to sustain the European neighbourhood policy. This pan-European perspective implies that the EU has a common, unique vision of its foreign policy. Thinking about a pan-European transportation network/policy thus implies to think about the EU’s frontiers and its foreign policy.

Links: • Presentation of the TEN by the European Commission: http://ec.europa.eu/ten/index_en.html • General overview of the TEN and its funding by the European Investment Bank: http://www.eib.org/projects/priorities/tens/index.htm?lang=en • Overall presentation of all the new corridors launched in the TEN-T in 2013, by the European Commission http://www.tentdays2013.eu/Doc/b1_2013_brochure_lowres.pdf • Presentation of the current state of transport in Europe and then of the new corridors project: https://www.youtube.com/watch?v=89iegX4fmj8

3. KEY ACTORS Until now, most of the funding has come from national governments. On EU level, one main set of funding instruments is in use for TEN-T projects, the European Structural and Investment Funds. Mainly two Funds from the European Structural and Investment Funds

PREPARATION KIT

!

TRAN !

have areas concerning transport funding, The European Development Fund (ERDF)4 and the Cohesion Fund (CF) 5 . ERDF is the one that provides support for the creation of infrastructure in the whole Union. The Cohesion Fund contributes to interventions in the field of environment and Trans-European Transport Networks. CF applies only to Member States who’s Gross National Income (GNI) 6 per habitant is less than 90% of the EU average. The European Investment Bank has a big part too, when it comes to loans and lending to TEN-T classed projects. 7 Private banks and investment funds are also interested in these projects.

The TEN-T Programme is managed by the European Commission’s Directorate-General for Mobility and Transport (DG MOVE), which details the TEN-T policy, supervises and controls the overall programme implementation. The Innovation and Networks Executive Agency turns it into action by managing the individual TEN-T projects on behalf of the European Commission. Not only concerning money, but to influence the movement of citizens, goods and services, national governments are fully involved in the decisionmaking process concerning TEN-T projects as well.

Links: • Introduction to European Structural and Investment Funds: http://ec.europa.eu/regional_policy/thefunds/index_en.cfm • Video on European Investment Bank investing to the mobility: http://www.youtube.com/watch?v=hatR8GtbB0s • Introduction to TEN-T: http://ec.europa.eu/transport/infrastructure/tentec/tentecportal/site/index_en.htm

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ;http://ec.europa.eu/regional_policy/thefunds/regional/index_en.cfm; ;http://ec.europa.eu/regional_policy/thefunds/cohesion/index_en.cfm; 6;Gross;National;Income;(GNI);is;the;sum;of;nations;Gross;Domestic;Product;(GDP);plus;net;income;received;from; overseas.; 7;http://www.eib.org/projects/priorities/transport/index.htm; 4 5

!

PREPARATION KIT

TRAN !

4. MAIN CONFLICTS One conflict is the balance between the local level of decisions and the necessity of a common European-wide transportation policy (i.e. subsidiarity) in order to ensure its efficiency. In other words, it means caring about local diversity and ensuring a common access to this transportation network. For instance, Spanish and Portuguese railways are 30 cm wider than the rest of European railways.

This conflict leads to a further one: Should we strengthen the connections of the main European cities in order to enhance the global competitiveness of the EU, at the risk to widen the gap of regional disparities or rather work on the heterogeneity of the European territory and its equal accessibility? Transports are a great lever to integrate a region in a bigger area, e.g. European leading centres within the global world, but also to bring less developed European regions nearer to European centres.

Technological innovation or combined transport, satellite navigation, interoperability, evaluation, etc. are needed. But to be satisfactory, these innovations should match not only economical needs, but also environmental requirements. Indeed, the “absolute emissions from the transport sector constitute about a quarter (25%) of all EU greenhouse gas emissions�8. The declared aim is to reduce greenhouse-gas emissions from transport by 60% by 2050, compared to 1990 levels. 9 From an obstacle, the environmental requirements should become a challenge for the EU. One of the main conflicts concerns the current financial deficit and the need of long-term investment for research projects as well as for construction of new transport connections.

Regarding the lack of public financial aid, mechanisms for involving the private sector in order to mobilise financial capital are an important concern. One has to bear in mind that this can happen in form of public-private partnerships (joint ventures, concessions, hybrid types).

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

8

;www.cpi.hr/download/links/hr/9560.ppt;

9

;http://www.europeanvoice.com/article/2011/march/commission@launches@radical@transport@plan/70671.aspx;

PREPARATION KIT

!

TRAN !

Links: •

Presentation of an innovative means of transport, the magnet train, and of the needs for Europe to enhance its innovation potential: http://magnetbahnforum.de/index.php?Videos

•

Results from the transport research programme (written in 2001, still relevant for the questions it raises): http://www.transportresearch.info/Upload/Documents/200406/20040617_110058_53105_european _transport_networks.pdf

•

Academic article, “Trans-European Networks and unequal accessibility in Europe”,

by K. SPIEKERMANN and M. WEGENER: http://www.spiekermann-wegener.com/pub/pdf/KSMW_EUREG.pdf

5. LEGAL FRAMEWORK As the EU policy, TEN have existed since 1993. They are based on Title XVI, Articles 170 172, of the Treaty of the Functioning of the European Union.10 In the transport sector, first guidelines for TEN-T were adopted in 1996 by the European Parliament and the Council of the European Union. Earlier, the TEN-T policy was only recognised as funding instrument for major transport projects, but now it has grown into an authentic policy.

In January 2014, the EU created a new transport policy “Building the Core Network: Core Network Corridors and Connecting Europe Facility” 11 that connects the European continent from West to East and from North to South. This policy aims to strengthen the network approach, and close the gaps between Member States transport networks by establishing standards for the whole network, remove bottlenecks that still hamper the smooth of functioning of the internal market, emphasises the importance of hubs as an integral part of network, overcome technical barriers such as incompatible standards for !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ;http://www.lisbon@treaty.org/wcm/the@lisbon@treaty/treaty@on@the@functioning@of@the@european@union@and@ comments/part@3@union@policies@and@internal@actions/title@xvi@trans@european@networks.html!

10

11

;http://eur@lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2013:0940:FIN:EN:HTML;

PREPARATION KIT

!

TRAN !

railway traffic and accelerates sustainable transport solutions, which lead the process towards the achievement of the European Union’s long-term transport policy objectives.

A part of this new policy is the Regulation No 1316/2013 of the European Parliament and the Council of the European Union established the Connecting Europe Facility (CEF) in December 201312. CEF’s main actions are to make the rules for allocating EU financial assistance, priority projects and the maximum caps of EU co-financing per kind of TEN-T project. Nine Core Network Corridors are identified in the annex to the CEF Regulation, which also includes a pre-labelled list of projects where most CEF investments will be placed during the period 2014 - 2020.

Links: • More information about the Core Network Corridors: http://ec.europa.eu/transport/themes/infrastructure/ten-tguidelines/corridors/index_en.htm • Video of the “Building the Core Network: Core Network Corridors and Connecting Europe Facility”: http://www.youtube.com/watch?v=IeDFI38oKKI • Video of the Nine Core Network Corridors: http://www.youtube.com/watch?v=O-haoYZhT8w • Map of the Nine Core Network Corridors: http://ec.europa.eu/transport/themes/infrastructure/ten-tguidelines/corridors/doc/ten-t-corridor-map-2013.pdf • Brochure of the CEF: http://ec.europa.eu/bepa/pdf/cef_brochure.pdf

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

12

!

;http://eur@lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2013:348:0129:01:EN:HTML;

!

PREPARATION KIT

TRAN !

6. SUMMARY/QUESTIONS In the end, is it all about wondering about what kind of European Union do we want?

How far can the EU depend on private sector in the issue of investment in order to maintain the last word in decisions regarding public transport within the EU territory?

Which equilibrium do we want in the decision making process between local, national and European levels? Where can their respective power be used more efficiently? We can have a look at the EADS decision-making process, which gives us an example of a unique European-wide decision-making and different local productions. Besides, we have to decide whether to support existing strengthening centres in the globalised world or rather develop peripheral areas. How can we find balance between innovative, functional and green transportation system? The vision of EU’s future is also shaped by the future look of the transportation network of the Union.

PREPARATION KIT

!

AFCO COMMITTEE ON CONSTITUTIONAL AFFAIRS (AFCO) Reversing the Schengen Agreement? With the recent amendment of the Schengen Borders Code by the European Parliament and an increase in calls for stricter regulations on free movement, what stance should the EU take regarding the implementation of the Schengen Agreement whilst safeguarding the four freedoms?

by Khalid El Ghould (NL) & Hugo Dürr (SE)

1. DEFINITIONS AND KEYWORDS ● Amsterdam Treaty: before 1999, the Schengen treaties, and the rules adopted under them, operated independently from the European Union. The Amsterdam Treaty incorporated them into European Union law; ● Dublin Regulation: an EU law that determines the EU Member State responsible for examining an application for asylum seekers seeking international protection under the Geneva Convention and the EU Qualification Directive, within the EU; ● EUROSUR: an information-exchange system designed to improve management of the EU external borders. ● Four Freedoms: the EU’s fundamental founding principles: free movement of goods, services, capital and people across the Union’s internal borders; ● Frontex: Legally known as The European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, is the EU agency for external border security; ● Schengen Information System (SIS): allows Schengen states to exchange data on suspected criminals, on people who may not have the right to enter into or stay in the EU, on missing persons and on stolen, misappropriated or lost property1; ● Visa Information System (VIS): allows Schengen states to exchange visa data, in particular data on decisions relating to short-stay visa applications2.

Links: ● Q&A: Schengen Agreement: http://www.bbc.com/news/world-europe-13194723 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

1

European Commission, Home Affairs, 15/01/2014: http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/bordersand-visas/index_en.htm 2 European Commission, Home Affairs, 15/01/2014: http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/bordersand-visas/index_en.htm

PREPARATION KIT

!

AFCO 2. RELEVANCE OF THE TOPIC AND EXPLANATION OF THE PROBLEM The creation of the Schengen area allowed travellers to move within the area without being submitted to border checks at internal borders, which is considered one of the most successful achievements of the EU. Currently, 420 million people reside in the area and enjoy the freedom of movement which it provides. This is not only limited to EU citizens, but includes numerous third-country nationals with the legal right to travel within the Schengen area as well. However, struggles with the control of the external borders to the southeast of the EU continue to endure, with increases in immigration at the Greek and Italian borders.3 These developments have in any case put a huge strain on Europe’s foundations

and

revealed

incomplete

elements

in

European

integration.

The current regulations allow Member States to temporarily re-introduce some controls at internal borders for a limited period of time to deal with exceptional or unforeseen situations where it may be necessary to increase security controls. This has been used on numerous occasions, in most instances to allow Member States to deal with threats to security resulting from the organisation of major political or sporting events or to ensure that the perpetrators of a major criminal or terrorist incident can be apprehended.

The Schengen Borders Code provides EU States with a set of common rules that govern external border checks on persons, entry requirements and duration of stays in the Schengen Area. By harmonising these rules, the EU seeks to render them more efficient, whilst increasing their transparency. Following the agreement on the Schengen governance package in May 2013, the amendments of the Schengen Borders Code were approved by the European Parliament and adopted by the Council in June 2013 and entered into force on 19 July 2013. The amendments entail the re-introduction of internal borders to remain an exception and should only be a last measure. Member States would only have the right to impose these borders for 10 days in case of immediately required action after which the decision is monitored at EU level. The purpose of these amendments was to do away with the different interpretations of the Schengen Borders Code and respond to practical problems that had arisen since the Code came into force, !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

3

Fourth bi-annual report on the functioning of the Schengen area by the European Commission, published 28/11/2013: http://ec.europa.eu/dgs/home-affairs/e-library/documents/policies/borders-andvisas/schengen/docs/fourth_biannual_report_on_the_functioning_of_the_schengen_area_en.pdf

PREPARATION KIT

!

AFCO such as in the Franco-Italian border issues of 2011. Despite these amendments however, there continue to be a call for the restriction of free movement, mainly for socio-economic reasons.4 Links: •

A speech given by Cecilia Malmström addressing the Schengen issues: http://europa.eu/rapid/press-release_SPEECH-12-78_en.htm?locale=en

•

Explanation by the Commission concerning Home Affairs and an overview of Schengen: http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/borders-andvisas/schengen/index_en.htm

•

A press release by the European Parliament supporting the Schengen reforms:: http://www.europarl.europa.eu/news/en/newsroom/content/20130607IPR11390/html/European-Parliament-backs-Schengenreform-deal

3. KEY ACTORS The Member States are the most important actors in this process, since it is they who both voice objections, and benefit from the Schengen agreement. Important Member States are those who face difficulties safeguarding the external borders, both in their own interest and that of the other Member States, such as Greece and Italy. Other Member States, such as the Netherlands, Great Britain, Austria and Germany blame the influx of immigrants into their countries on the free movement of the Schengen area.

Another important actor is the European Commission (EC) who maintains a firm stance when it comes to compromising on the freedom of movement. The president of the EC, Jose Manuel Barroso, has stated that there will be no compromise that will result in a restriction of this fundamental freedom. However, he does recognise the strains that some Member States suffer, and calls for a coordinated European approach5. !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

4

French rights back Cameron’s calls for restriction of the freedom of movement of workers: http://www.expatica.com/fr/news/local_news/French-right-backs-Cameron-on-immigration-curbs-in-EU_286802.html

PREPARATION KIT

!

AFCO The ones who will be most affected are the EU citizens and all the other citizens of nonEU Schengen countries. If the freedom of movement, and thus the four freedoms, was to be restricted, this would not only be unfortunate for European integration and European citizenship, but for social and economic welfare as well.

Links: •

Parties involved in the Schengen issues and an outline of the Schengen area: http://europa.eu/legislation_summaries/justice_freedom_security/free_movement _of_persons_asylum_immigration/l33020_en.htm

•

A number of press releases by the European Parliament on Schengen matters and their stance: http://www.europarl.europa.eu/news/en/news-room/topic/Justice-andcitizenship/Schengen

•

A speech given by Viviane Redding on the free movement of people and the Commission’s stance: http://europa.eu/rapid/press-release_SPEECH-13-789_en.htm

4. MAIN CONFLICTS In the aftermath of the influx of mainly Tunisian migrants to Italy in the spring of 2011, both the Italian and French authorities took steps which raised doubts about the effectiveness of the Schengen system and its ability to effectively deal with the consequences of such developments 6 . It was clear that the trust essential to the sustainability of the system had been severely tested.

Following these developments EU Member States asked for a review of the Schengen borders control by the Commission through the Council. This request was aimed at the possibility to re-instate border controls when faced with larger numbers of migrants crossing external borders. The European Parliament made it clear that they did not want !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

5

An article from 2014 and The Guardian on migration in the: http://www.theguardian.com/world/2014/feb/14/migrationeu-jose-manuel-barroso 6 An article published by the Guardian in 2011, covering the controversial steps taken by France and Italy: http://www.theguardian.com/world/2011/apr/26/eu-borders-arab-protests

!

PREPARATION KIT

AFCO such a thing and amended the proposal made by the Commission. Even though the proposal was adopted in the Parliament, there continues to be dissatisfaction amongst Member States as they remain unable to re-instate border controls apart from exceptional situations.

With recent developments in Europe, such as the referendum in Switzerland and the work restriction for Bulgarian and Romanian citizens lifted, questions on the free movement in the Schengen area are raised once again. However, whereas MP’s in the Netherlands, Germany and the UK have claimed that the free movement of workers has led to social tourism, with migrant workers applying for social benefits, several reports suggest otherwise. One report suggests that a majority of the migrant workers move from one country to another for work and not to receive benefits7.

Amongst calls for restrictions, Jose Manuel Barroso says that there can be no compromise on the freedom of movement, one of the four founding pillars of the EU, even though he acknowledges that migration in Europe may have caused certain strains. However, the growing voice of the opposition continues to increase the concerns on the mutual trust and political credibility of the Schengen system. There continues to be a discrepancy within Member States, with on the one hand the benefits of the freedom of movement attractive to Member States, and on the other worries over projected migration from the east to the west, which is perceived as an obstacle. Furthermore, if increased regulation were to be decuded at an EU level, which the Commission aims for, this would result in Member States relenting part of their sovereignty. This has always been, and remains, a sensitive subject for Member States and clashes with the aims of the EC to harmonise the common foreign and security policy.

The divide between the Northern Member States and the Southern Member States remains ever present also. Since no checks are carried out at the borders between Schengen states, EU Member States have to ensure the improvement of security and limit the amount of illegal immigrants through more efficient external border controls, while !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

7

An independent report on social benefit grants admitted to migrant workers within the EU: http://ec.europa.eu/employment_social/empl_portal/facebook/20131014%20GHK%20study%20web_EU%20migration.p df

PREPARATION KIT

!

AFCO facilitating access of those having a legitimate interest to enter the EU territory. This significantly increases the pressure on countries with external borders despite EU financial aid and Frontex assistance.

Links: •

Centre for European Reform, The Schengen Crisis: http://www.cer.org.uk/sites/default/files/schengen_arab_Spring_Dec12_IEMED.p df

•

An articles outlining the conflicts and challenges faced concerning Schengen and the freedom of movement: http://www.migrationpolicy.org/article/issue-no-5-europe-faltering-addressing-itsmultiple-migration-challenges

•

An article on the developments in Switzerland: http://www.nhregister.com/general-news/20140211/column-is-this-the-end-ofeuropes-open-borders

•

An article in the Economist outlining the concerns over the freedom of labour when restrictions on Romania and Bulgaria are lifted: http://www.economist.com/news/europe/21592673-rich-eu-countries-fret-aboutsocial-benefits-tourism-after-lifting-restrictions-free

5. LEGAL FRAMEWORK A few measures already exist for EU Member States to rely upon when facing difficulties honouring their commitments to the Schengen agreements. As stated earlier, in accordance with the May 2013 amendments of Schengen Borders Code, Member States are still allowed to re-introduce internal borders, but this is to remain an exception and should only be a last measure. Other changes include introducing clearer rules on the calculation of short-stay periods in the Schengen area for border guards as well as for travellers8. !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

8

Council adopts technical amendments to the Schengen Borders Code: http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/jha/137543.pdf

PREPARATION KIT

!

AFCO Next to this, there are funds available, such as the ones distributed to Greece and Italy for facing illegal immigration issues on the external borders. This also includes the Frontex agency, which can be deployed to increase border security. The Schengen evaluation mechanism serves as a monitor of EU countries and whether or not they apply the rules correctly.

As there are many aspects to this problem, there are several regulations involved in the process, which build upon one another. One of those regulations, and arguably the most important, is the Amsterdam Treaty, which encompasses the Schengen Treaty into EU law and regulates the rights of individuals, freedom of movement, the four freedoms, and a common foreign and security policy. The Schengen Borders Code regulates the crossing of external borders and the facilitation of access to those with a legitimate interest in entering the EU. This includes visa regulation, border control and free movement once in the Schengen area. The Dublin Regulation deals with the right to asylum and in which country an individual has the right to apply for asylum.

The EU-coordinated approach to the re-instalment of internal border controls as a last measure called upon by the Commission, entails that such a decision is made at EU level instead of one Member States making the call. Member States however, would then have to renounce part of their sovereignty concerning this matter, which is met with understandable objections. This is a proposal in the making by the European Commission and can possibly harmonise the unrest and regulation concerning the freedom of movement.

Links: •

Schengen governance after the Lisbon Treaty: http://www.europarl.europa.eu/RegData/bibliotheque/briefing/2013/130358/LD M_BRI(2013)130358_REV1_EN.pdf

•

EUROSUR: http://ec.europa.eu/dgs/home-affairs/elibrary/docs/infographics/eurosur/eurosur_en.pdf

`

PREPARATION KIT

!

AFCO •

EUROSUR: http://ec.europa.eu/dgs/home-affairs/elibrary/docs/infographics/eurosur/eurosur_en.pdf

6. SUMMARY/QUESTIONS Is the amendment, concerning the temporary re-imposition of border controls, a step in the right direction? Should France and Germany, the biggest supporters of reform, be happy with these changes? Are EU bodies perhaps overstepping boundaries, putting pressure on national sovereignty? Is there a lack of solidarity within the Schengen members? Are there some Schengen members who take advantage of the agreement? Is the system balanced between incoming and outgoing migration? If not, how should this be addressed? Bearing in mind the Dublin regulation, should there be alternative measures taken towards countries with greater levels of external immigration, such as Greece and Italy? Should the EU perhaps look to take control of incoming migration flows before tackling internal issues, or vice versa? Is the enlargement of the Schengen area sustainable, and can the EU handle in growing movement of people practically? Should the Schengen members work closer with Frontex in regulating migration not only into the EU but also within? Is there a place for the Schengen Agreement of today, in the future of the EU?

PREPARATION KIT

!

ENVI !

COMMITTEE ON THE ENVIRONTMENT, PUBLIC HEALTH AND FOOD SAFETY (ENVI) With improved mobility in the Schengen Area comes a higher movement of germs, bacteria and viruses across borders. In light of the recent EU ‘Decision on Serious Crossborder Threats to Health’, what further actions should the EU and its Member States take to prevent an increase in communicable diseases and safeguard health security?

by Paulius Dovidavičius (LT) and Anna Lefering (DE)

1. DEFINITIONS AND KEYWORDS •

Schengen Area: The area is named after the Schengen Agreement and comprises 26 European countries. These countries have eliminated internal border controls with the other Schengen members, and strengthened external border controls with non-Schengen states. The Schengen area encourages the free movement of goods, information, money and people. It functions as a single country for international travel purposes, with a common visa policy.

•

Decision on Serious Cross-border Threats to Health: A new legislation implemented on November 6th 2013 with the intent to improve health security in the European Union and protecting citizens from a wide range of health threats. It will help Member States prepare for and protect citizens against possible future pandemics and serious cross-border threats caused by communicable diseases, chemical,

biological

or

environmental

events.

Due to having common procedures and standards plus improved sharing of information and expertise, Member States will be better prepared to face a health crisis.

•

Health security: The concept of health security covers any threats and emergencies that affect or are likely to affect public health. These threats include medical,

chemical,

biological,

environmental

as

well

as

food

safety

The term ‘Health safety’, on the other hand, refers to regulations and procedures intended to prevent accident or injury in workplaces or public environments.

PREPARATION KIT

!

ENVI !

•

Communicable diseases: A disease that is transmitted through direct contact with an infected individual or indirectly through a vector, such as mosquitoes, ticks or sandflies; also called contagious disease.

•

Epidemiology: The science concerned with the study of the factors determining and influencing the frequency and distribution of disease, injury, and other healthrelated events and their causes in a defined human population. Also, the sum of knowledge gained in such a study.

•

Zoonoses: These are infections or diseases that can be transmitted directly or indirectly between animals and humans, for instance by consuming contaminated foodstuffs or through contact with infected animals. The severity of these diseases in humans varies from mild symptoms to life-threatening conditions.

•

World Health Organisation (WHO): A specialized agency of the United Nations (UN) that is concerned with international public health.

Links: •

Document of the Decision on Serious Cross-border Threats to Health: http://ec.europa.eu/health/preparedness_response/docs/decision_serious_crossbo rder_threats_22102013_en.pdf

•

A

scientific

article

on

different

definitions

of

Health

Security

http://law.nchu.edu.tw/files/writing_journal/36/45_1e998f27.pdf

2. RELEVANCE OF THE TOPIC AND EXPLANATION OF THE PROBLEM The Schengen Area is one of the greatest achievements of the European Union (EU). It is an area without internal borders, an area within which citizens, many non-EU nationals, business people and tourists can freely circulate without being subjected to border checks. Since 1985, it has gradually grown and today encompasses almost all EU States and a few associated non-EU countries. While having abolished the internal borders ensures easy travel for people, it has also improved the conditions for bacteria, viruses and germs to spread.

PREPARATION KIT

!

ENVI !

Food-borne zoonotic diseases, for example, are a significant and widespread global public health threat. In the European Union over 320,000 human cases are reported each year, but the real number is likely to be much higher. The flowing exchange of people as well as foodstuffs between the EU-Member States enable such diseases to spread wider more easily. 16 European countries reported cases of people infected with E. Coli in 2011, taking 50 lives in Germany alone.

The pandemic influenza, also known as ‚swine flu’, in 2009 serves as another example as it affected more than 100,000 people only in Europe!

Also, according to new data published by the European Centre for Disease Prevention and Control (ECDC) and the WHO Regional Office for Europe, more than 131 000 new HIV infections were reported in the WHO European Region in 2012, 10 000 (8%) more than in 2011. Of these new HIV infections, the countries of the European Union and European Economic Area (EEA) accounted for more than 29 000 new HIV infections. And the number of measles cases within the WHO European Region in 2013 was 31,617.

These numbers make it obvious that there is a great need for the EU to battle communicable diseases and in order to protect its citizens. The EU has worked to implement different mechanisms that will allow to monitor and fight germs, bacteria and viruses. One example for how the EU can work against the spread of illnesses is a coordinated approach by the EU and its Member States that helped to reduce human Salmonella cases by almost one-half over a five-year period, from 196,000 cases in 2004 to 108,000 cases in 2009.

Links: •

WHO Regional Office for Europe: http://www.euro.who.int/en/home

•

Homepage

of

the

ECDC:

http://www.ecdc.europa.eu/en/Pages/home.aspx •

Annual

Epidemiological

Report

2013

by

the

ECDC:

http://www.ecdc.europa.eu/en/publications/Publications/annual-epidemiologicalreport-2013.pdf

PREPARATION KIT

!

ENVI !

• •

Overview

on

Public

Health

by

the

European

Commission

http://europa.eu/pol/pdf/flipbook/en/public_health_en.pdf

3. KEY ACTORS One key actor is the European Centre for Disease Prevention and Control (ECDC), which is an independent agency of the European Union. It works to search for, collect and evaluate relevant data, to provide scientific and technical assistance including training and to provide timely information to the Commission, the Member States and international organisations active within the field of public health. It also takes on the task of coordinating the European network of bodies operating in the fields within the Centre’s mission, of exchanging information, expertise and best practices and also of facilitating the development and implementation of joint actions. The ECDC’s aim is to strengthen Europe’s defences against infectious diseases, to identify, assess and communicate current and emerging threats to human health posed by infectious diseases.

The WHO Regional Office for Europe is another organization that collects relevant data.

WHO is the authority responsible for public health within the United Nation’s system. The WHO Regional Office for Europe is one of WHO’s six regional offices around the world.

The Chafea, Consumers, Health and Food Executive Agency, is the successor of the Executive Agency for Health and Consumers - EAHC - which was created by the European Commission in 2006 to manage the technical and financial implementation of the Public Health Programme and from 2008 the Consumers Programme and the Better Training for Safer Food initiative.

The Commission coordinates health security measures in the EU through its Health Security Committee (HSC). The HSC has representatives from all EU countries, and operates in 3 core areas: generic preparedness, influenza, and chemical, biological and radio-nuclear threats.

Also involved in this topic are, of course, the different bodies of the European Union, the European Parliament, the Council of the European Union and the European Commission.

PREPARATION KIT

!

ENVI !

Links: •

Homepage of Chafea, Consumers, Health and Food Executive Agency: http://ec.europa.eu/eahc/index.html

•

Homepage of the Health and Consumer’s Department of the European Commission http://ec.europa.eu/dgs/health_consumer/index_en.htm

•

Public

Health

http://ec.europa.eu/health/index_en.htm •

Health

Security

Committee

http://ec.europa.eu/health/preparedness_response/hsc/index_en.htm

4. MAIN CONFLICTS Addressing serious cross border health threats is one of the major health issues to be dealt with by both,the Member States at national level and the European Union at European level, not excluding cooperation with non EU Member States. Countries of Europe are a constant recipient of infectious agents transmitted within the continent and from other regions due to their geographic position and spread, variation in population and socioeconomic status, being a global hub for air transport and frequent host of mass gatherings events.

Passenger ships are a potential cross border threat because of the large number of people in a confined space where infectious diseases may easily be transmitted via person to person or by sharing food and water. Since nowadays big passenger ships are constructed to carry more passengers (more than 8000), they are now considered “floating

communities”and,because

of

their

multinational

route,trans-national

transmission may occur.

Although higher incomes and educational levels, improvements in nutrition, sanitation and sewage management as well as vaccines and medicines have all accounted for the dramatic decline in mortality during the 20th century, huge inequalities persist, and not everyone has been able to enjoy the fruit of public health successes and societal advances. As a result, some middle-income countries have been left behind. The poor

PREPARATION KIT

!

ENVI !

health status in these subpopulations can be attributed to problems such as poverty, malnutrition, illiteracy, unsafe drinking water, lack of access to health services, social discrimination, and political conflict.

Emerging and re-emerging diseases such as the “big three” (HIV/AIDS, malaria and tuberculosis) are accompanied by new problems such as bioterrorism threats, increase of hospital-acquired infections and pandemic outbreaks, to name a few.

Coordinated efforts to monitor and prevent misuse of antibiotics are crucial to reducing the spread of microbial resistance, which can arise due to factors such as self-medication, prescription of antibiotics for viral infection and general overuse of antibiotics.

Fortunately, EU member states have put measures in place to monitor antibiotic use in order to prevent resistance. The majority of EU countries coordinate actions to improve prescribing practices, implementing nationally accepted guidelines on appropriate use of antimicrobials for surgical prophylaxis and common human infections, as well as educational campaigns to raise awareness on antimicrobial resistance.

Links: •

International

law,

infectious

diseases

and

globalisation:

http://www.nap.edu/openbook.php?record_id=11588&page=182 •

Public

Health

reviews:

http://www.publichealthreviews.eu/show/f/33

5. LEGAL FRAMEWORK Investment is a vital part in health policy implementation and development therefore the European Commission (EC) has made a document ‘Investing in health’ in February 2013.

It explains the how investments made in health and security contributes to Europe itself and the Europe 2020 programme1. !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

"See:"http://ec.europa.eu/citizenship/about5the5europe5for5citizens5programme/future5programme5 201452020/index_en.htm" !

1"

!

PREPARATION KIT

ENVI !

One of the major documents made by the EC is called ‘Together for health – A strategic approach for the EU 2008-2013’. Its purpose was to carry out a cross-sectoral work by providing equal provision and healthcare to all Member States and their citizens.

One of the aims that the Member States do take în action is the implementation of International Health Regulations (IHR) at Points of Entry aims to protect the health of travelers and local population, while at the same time avoiding unnecessary restrictions on trade and travel.A tool for assessment of the core capacities at point of entries is available from WHO and countries are encouraged to use it in order to designate the point of entries.

The European Commission coordinates health security measures in the EU through its Health Security Committee (HSC). The HSC has representatives from all EU countries, and operates in 3 core areas: generic preparedness, influenza, and chemical, biological and radio-nuclear threats.

At EU level, the committee is the key mechanism for coordinating health security efforts.

It is an informal cooperation and coordination body concentrating on health–related threats from terrorism or any deliberate release of biological or other agents, as well as raising levels of preparedness for cross-border threats, in particular for pandemic flu.

Furthermore, another vital document for the common European health security, which is especially pinpointing at epidemiology, is the Decision No 2119/98/EC2 of the European Parliament and the Council of 24 September 1998 setting up a network for the epidemiological surveillance and control of communicable diseases in the Community.

Agreement of the Customs Union3 on sanitary measures is an additional document to the 2008-2013 programme which briefly describes the measures and regulations for the cross-boarders import on food and liquids.

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ""The"document"that"was"repealed"when"the"Decision"on"Serious"Cross5border"Threats"to"Health"was" """"implemented" 3 !!See:!http://www.britannica.com/EBchecked/topic/147445/customs>union!

2

PREPARATION KIT

!

ENVI !

Links: •

Investing in health: http://ec.europa.eu/health/strategy/docs/swd_investing_in_health.pdf

•

Together

for

health:

http://ec.europa.eu/health-eu/doc/whitepaper_en.pdf •

Epidemiological surveillance: http://eur-

lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31998D2119:EN:HTML •

Agreement

of

the

Customs

Union

on

sanitary

measures:

http://ec.europa.eu/food/international/trade/docs/CU_agreement_sanitary_measur es_annex_en.pdf

6. SUMMARY/QUESTIONS Mortality due to infectious disease has fallen dramatically in the past centuries as a result of sanitary and food safety development in EU along with vaccines, antibiotics and other advances in societal conditions and medical sciences. However, the challenges of population growth, urbanization, deforestation, pollution, global climate change and global movement of populations have been associated with a shift in geographical distribution and accelerated diffusion of old and new pathogens resulting in an increased number of outbreaks.

Vaccine preventable diseases spread easily between countries, because of the large number of susceptible individuals. The most recent ongoing example is the one of measles, with an increase of reported cases in the EU during the last two years (from <10,000 cases in 2009 to over 30,000 cases in 2011 causing eight deaths) aș a result of communicative and welcoming position of Europe being a centre of business and global affairs.

Optimism but not complacency is justified. Political and financial support is needed to maintain and develop the gains achieved in the past century and to transmit the latest knowledge and technology to many parts of the world where preventable deaths

!

PREPARATION KIT

ENVI !

measure in the hundreds of thousands. The potential for saving human life is high with current technology. The New Public Health calls for fair distribution of resources and the timely application of existing knowledge and tools; this mainly rests on political will, funding, initiative and training and these are one of the main problems which appear.

Questions emerge – does the common European Health and Security policy and measures have to depend on political will? Does the financial system suit the public health demands and are the right measures taken to prevent EU and its citizens from epidemic diseases and spread of virus, bacteria and germs?

“A secure, healthy future for us all depends on cooperation across borders and between institutions. We can no longer rely on national efforts alone to implement the scaled up system of global alert and response that the world now needs”Dr. Gro Harlem Brundtland, Ex WHO, Director General

PREPARATION KIT

!

CULT !

COMMITTEE ON CULTURE AND EDUCATION (CULT) Considering the importance of international vehicular languages in a globalized world as well as the commitments made in the European Charter for Regional or Minority Languages: How can Member States facilitate linguistic mobility while honouring the abovementioned treaty?

by Juan Estheiman Amaya (ES) and Astrid Vikström (SE)

1. DEFINITIONS AND KEYWORDS •

Regional or minority languages 1 : languages traditionally used by part of the population of a state that are not dialects of official languages of the state, languages of migrants or artificially created languages.

•

Lingua franca: a lingua franca is a common language used by different individuals to communicate between each other, when they do not share a mother tongue. A lingua franca is also known as a vehicular language.

•

Official language: a language that is given a recognised legal status in a particular country, state, or other jurisdiction (such as supranational institutions). Typically a country's official language refers to the language that’s used within its public administration.

•

Language prestige: the widespread perception of a language’s status, defined by the combination of three factors (socioeconomic status, demographic, and institutional support), that directly affect its maintenance and recognition2.

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

1

!As!defined!in!Article!1!of!the!European!Charter!for!Regional!or!Minority!Languages:! http://conventions.coe.int/Treaty/en/Treaties/Html/148.htm!

2 !More!information!on!language!recognition!can!be!found!on!this!essay!by!McGill!University!professor!Allan!Patten:! http://www.princeton.edu/~apatten/languagepolicy_politicaltheory.pdf! !

PREPARATION KIT

!

CULT !

•

Multilingualism: Multilingualism refers to both a person’s ability to use several languages and the co-existence of different language communities in one geographical area.

•

Language legitimacy: the combination of legal, institutional and identity arguments that justify a language’s link it to a specific territory.

Links: •

Simplified summary of the historical evolution of lingua francas: http://geography.about.com/od/culturalgeography/a/linguafranca.htm

•

A lecture on multilinguism and language legitimacy by Berkley University German professor Claire Kramsch: https://education.azpm.org/p/azconnection/2012/4/24/1650-authenticity-andlegitimacy-in-multilingual-second-language-acquisition/

•

A New Framework Strategy for Multilingualism by the European Commission: http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2005:0596:FIN:EN:PDF

2. RELEVANCE OF THE TOPIC AND EXPLANATION OF THE PROBLEM What we find at the core of this issue is the understanding of what a language is. What makes a language a language? What differs a language from an accent or a dialect? How is Serbian different from Croatian? How is the Swedish spoken on the border of Sweden and Norway different from the Norwegian spoken a couple of kilometres to the west?

What is it that infers meaning to the way we speak, and why do we care? The answer to many of these questions is politics. A language is just as much a political invention as anything else3.

The topic of international vehicular languages is a multifaceted and complex one that requires understanding of the many aspects that combine to make it such a fascinating issue. A language is by its nature complex, ever changing and evolving, not to mention !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

3 !Please!read!the!following!article!for!a!more!elaborate!discussion!on!this!topic:! http://euobserver.com/opinion/2844!

!

PREPARATION KIT

CULT !

the role it plays to its speakers; a language is more than merely a means of communication. Understanding the central role language play to small indigenous groups like the Sami people in the Nordic countries, Yiddish speakers throughout Europe or even Romani is also central to understanding the wide range of language use that the Charter is tasked to address. Furthermore, the fact that there are many different and at times complicated terms to refer to the phenomenon also complicates the situation. Essentially the way we speak is a reflection of our peopleâ&#x20AC;&#x2122;s history, religion, and culture, it gives away the geographical area from which we are from and at times it might even hint of our gender or socio-economical background.

Throughout Europe, a plethora of languages exist, and the preservation of these is an intricate process that is affected by a number of factors. Historical and social factors, such as to what extent the language is spoken in a state or in other states, is one factor that might indicate the level of support a language receives in a country. The extent to which it is supported in, or by, education reflects the general attitude towards a minority language and plays a central role in determining its survival.

A language defined as a minority language in one country, might be considered the majority language in another, such as German in the southern parts of Denmark for example. One difficulty arises in defining minority languages, and protecting or supporting their continued existence in a setting where bigger, more commonly recognised and supported languages are becoming more prestigious and thus more promoted. When a language spreads, becoming more frequently used and taking the role of a lingua franca to an increasing extent, it usually happens at the expense of smaller languages.

The European Charter for Minority or Regional Languages entered into force on March 1st 1998, but was initiated 6 years prior by the Standing Conference of Local and Regional Authorities of Europe. At present the charter has been ratified by 25 states, and its main aim is preservation of Europeâ&#x20AC;&#x2122;s cultural heritage. The charter sets out the objectives and principles that states accept and should take to make minority languages within its territory official, it also includes measures designed to facilitate and support the process of granting these languages official status. A central part of the charter is its aim to ensure

PREPARATION KIT

!

CULT !

that the regional languages are used in the media, in education and to encourage its use in legal and official contexts.

One of the central aims of the European Charter for Minority or Regional Languages, as stated in Article 6 ‘Information’ is that the parties of the Charter have the responsibility to make sure the authorities concerned are informed of their duties towards the minority languages. This is an area in which speakers of minority languages often find themselves at a loss, as they to a large extent are unaware of their rights as speakers of an official minority language, and also on the other hand the authorities concerned fail to fulfil their part of this agreement.

In Europe today, there are a number of languages widely spoken on a daily basis, Spanish, French and German a couple of prominent examples of European languages that are taught and spoken continuously outside of its home country’s borders. For example, today English has become a lingua franca, much like Latin during the Middle ages, or French during the renaissance, and today it is more commonly used by people speaking is as a second or third language than by native speakers. We no longer learn English to be able to communicate with native speakers; we learn it to communicate with other non-native speakers across the globe. With the changing role of lingua francas, contrasted by the central role of minority languages across Europe play as far as cultural multitude is concerned; what can the EU do to facilitate the linguistic mobility of its citizens, whilst at the same time preserving the minority languages across our multicultural continent?

Links: •

PDF version of the Euromosaic Study Comparative Summary: http://bookshop.europa.eu/en/euromosaic-pbC29295845/downloads/C2-92-95845-ENC/C29295845ENC_001.pdf;pgid=y8dIS7GUWMdSR0EAlMEUUsWb0000Wo2lTFI;sid=KlE_2PkKRI_z7csdjuhf5svZzIhqlvJVgE=?FileName=C29295845ENC_001.pdf&SKU=C292958 45ENC_PDF&CatalogueNumber=C2-92-95-845-EN-C

PREPARATION KIT

!

CULT !

•

Article discussing Europe’s endangered languages: http://www.huffingtonpost.co.uk/european-parliament-web-team/europeanlanguages_b_3892592.html

•

EU Observer: The Slovak language law is discriminatory and restrictive: http://euobserver.com/opinion/28440

3. KEY ACTORS We can firstly observe how linguistic substitution and loss is a more common phenomenon within immigrant, indigenous and rural populations. This is pretty much due to the low language prestige4 that these communities’ languages have. As mentioned before, public opinion plays a big role when establishing this prestige. Inevitably, each country’s awareness and acceptance of foreign languages are determined by the national strategies of integration that each Member State follows.

In this respect, experts agree5 that Member States’ national plans and legislations should follow

individually

adapted

strategies,

based

on

each

country’s

demographic

background.

The lack of financial support from the European Commission caused the European Bureau for Lesser-Used Languages6 to shut down in 2010. This proves how dependant NGOs are to institutional development programmes. Despite this, the Mercator Network7 is still an ongoing project funded by the EU. Its objective is to improve language vitality by analysing language visibility and opportunities for language use. At a global level, Endangered Languages8, an NGO created through the alliance of various universities, culture organisations and regional NGOs (Alliance for Linguistic diversity), is an online source where one can access shared samples of endangered languages research.

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

4

!You!will!find!the!definition!in!the!Definitions)and)Keywords)section.! !In!the!EUROMOSAIC!Study!(1996!

6 !The!European!Bureau!for!LesserUUsed!Languages!(EBLUL)!was!a!nonUgovernmental!organisation!that!was!set!up!to! promote!linguistic!diversity!and!languages.!It!was!founded!in!1982!and!discontinued!in!2010.!The!organisation!had! close!ties!with!both!the!European!Parliament!and!the!Council!of!Europe,!and!was!funded!by!both!the!European!

Commission!and!local!and!regional!governmental!organisations.!

7 !http://www.mercatorUnetwork.eu/mercatorUnetwork/!

8 !http://www.endangeredlanguages.com/!

5

PREPARATION KIT

!

CULT !

Lastly, it is necessary to contextualise the highly competitive world in which we find today’s European Union. One of the most immediate consequences of a globalisation9 is the crucial need for intercultural communication skills in the labour market. In order to trade with companies from other Member States, European businesses require good language skills from its workers. This not only comprehends intra-EU activity, as other languages are also essential when establishing trade relations with other businesses around the globe. It’s in this context of globalisation and a worldwide open economy, where we find vehicular languages to be especially relevant.

Links: •

A New Framework Strategy for Multilingualism (2005) by the European Commission: http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2005:0596:FIN:EN:DOC

•

Independent research inform on Minority Language Laws in the EU, by Dr. Alok Kumar Das: http://www.ciemen.cat/mercator/pdf/simp-alok.pdf

•

Lost in Translation: Linguistic Minorities in the European Union:: http://www.du.edu/korbel/hrhw/researchdigest/minority/Translation.pdf

4. MAIN CONFLICTS This issue’s main areas of conflict can be narrowed down to the process a language naturally undergoes as it is exposed to other cultures, practices and means of communication. When different cultures, and hence different languages, interact or encounter they will affect each other to a larger or smaller extent, resulting in a number of possible outcomes. Naturally a certain degree of prestige will be attributed to the languages, depending on the extent of and the circumstances in which they are used, and in the long run this process may lead to language dispersal or even language death.

Alarmingly, the most recent studies conducted in this field date back to 1996, and therefore fail to address the vast changes in the demography of Europe that has taken !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

9

!By!which!since!around!the!1980’s!the!world!has!experimented!an!exponential!increase!in!the!interchange!of! information,!goods,!culture!and!people.!

PREPARATION KIT

!

CULT !

place during recent times.

The intra-European immigration flows that took place throughout the 20th century are also of interest to this topic, despite a language being official in a Member State, and therefore possessing the entire framework to protect it in the individual country where it is identified as such, it is common to find minorities of these speakers in another country.

This is the case of the Hungarian speakers inside of Slovakia, Romania, Serbia or Croatia, Swedish in Finland or German in certain parts of Denmark. Political discrimination and arbitrariness are more evident in these situations, and the constitutional law passed in Slovakia10 on this topic perfectly illustrates the urgent need for cohesive EU policies on this topic.

The main aim of the charter is essentially to prevent language discrimination from taking place on a national level. The charter is initiated by the Council of Europe, and is thus not something Member States of the European Union automatically sign up for upon their entry; nevertheless, most Member States have at this point so. Language discrimination can be present at several levels of society; ranging from the languages education is provided in, what languages are used in the media or in official circumstances. Education speaks Language discrimination has far reaching consequences; moreover, for language discrimination to be serious problem discriminatory laws does not have to be passed.

Links: •

Protocol of the legislation passed by the Swedish government to make Swedish the official language in Sweden, and how to relate to minority languages: http://www.regeringen.se/sb/d/108/a/85634

•

“Linguistic Diversity and New Minorities in Europe” by the University of Hamburg: http://www.coe.int/t/dg4/linguistic/Source/GogolinEN.pdf

•

Library Keysource of the European Parliament. EU minorities: In Danger: http://www.europarl.europa.eu/eplibrary/LKEU%20endangered%20languages.pdf

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

10

!We!refer!you!to!the!article!provided!in!footnote!number!3.!!

PREPARATION KIT

!

CULT !

5. LEGAL FRAMEWORK Article 3 of the Universal Declaration of Human Rights establishes the right to the use of one’s own language both in private and in public, and the right to maintain and develop one’s own culture. In the same direction, articles 21 and 22 of the Charter of Fundamental Rights of the European Union condemn discrimination for reasons related to language.

More specific protection and promotion of minority languages has also been accomplished through the European Charter for Regional or Minority Languages. This European treaty was adopted in 1992 under the Council of Europe to protect and promote historical, regional and minority languages in Europe. Six years later, in 1998, the Framework Convention for the Protection of National Minorities11, came into effect. It is currently ratified by 39 Member States.

Despite the measures in place, it’s Member States who have complete competence over the implementation of linguistic policies in their national legislations. However, on paper, these national legislations must act in accordance with the abovementioned treaties. The Slovak Language Law12 passed in 2009, which restricts the use of any language but Slovak in public communications, has worryingly proved that de facto, this is not always the case.

On a general basis, national legislations don’t enter in conflict or contradict the abovementioned charters, but still fail to protect minority languages sufficiently.

Links: •

The European Charter of Fundamental Rights: http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2010:083:0389:0403:en:PDF

•

Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities: http://www.ohchr.org/EN/ProfessionalInterest/Pages/Minorities.aspx

•

Framework Convention for the Protection of National Minorities: http://conventions.coe.int/Treaty/en/Treaties/Html/157.htm

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

11

!Presented!in!1995.! !Inside!article!from!The)EU)Observer!on!the!Slovak!Language!Law:!http://euobserver.com/opinion/28440!

12

!

PREPARATION KIT

!

CULT !

•

European Charter for Regional or Minority Languages: http://conventions.coe.int/Treaty/en/Treaties/Html/148.htm

6. SUMMARY/QUESTIONS •

How should the European Union be more effective at implementing the principles of linguistic identity and freedom?

•

How could we adapt our education systems to a multi-linguistic population and vice versa?

•

Are the native and immigrant minorities sufficiently protected within all Member States?

•

Is the EU making a good use of the cultural and linguistic patrimony acquired in recent years?

•

Is it necessary to sacrifice minority languages for the sake of promoting a European lingua franca?