L’affaire des Roms. A Challenge to the EU’s Area of Freedom, Security and Justice
L’affaire des Roms.A Challenge to the EU’s Area of Freedom, Security and Justice

Author(s): Anaïs Faure Atger, Sergio Carrera
Subject(s): Politics / Political Sciences, Politics, Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Security and defense, EU-Accession / EU-DEvelopment, EU-Legislation
Published by: CEPS Centre for European Policy Studies
Keywords: EU’s Area of Freedom; Security and Justice; France; political conflict; EU law and the EU Charter of fundamental rights;
Summary/Abstract: The summer of 2010 will long be remembered in Europe for what has become known as “l’affaire des Roms” inFrance. The case has revealed profound institutional tensions at EU level between the French government and the European Commission and the European Parliament. The political spectacle that has unfolded has only complicated and added confusion to the actual nature and relevance of the affair from an EU perspective. In particular, it has obscured the legality of the eviction and expulsion of Romanian and Bulgarian nationals of Roma origin from France in light of that country’s obligations in the context of EU citizenship and free movement law, as well as its profound implications for fundamental rights protection. The Roma affair has constituted a severe test of the legitimacy of the EU’s AFSJ and the overall effectiveness of the EU’s legal landscape. The developments in France have demonstrated the limits ofcurrent EU enforcement mechanisms in providing a swift and depoliticized answer to contested national measures whose compliance with EU law and fundamental rights remains questionable.

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