This article will critically examine the treatment of migrant Roma in Western Europe, particularly Italy and France, in the light of the obligations under the EU Citizenship Directive 2004/38. The role of the political institutions will be considered, especially the European Commission, who have yet to take a decisive position on the Roma expulsions and on the wider issue of Roma discrimination in Europe. It is argued that the focus on non-discrimination cannot address the entrenched inequality which characterises the Roma’s situation in Europe. Furthermore, that the comparative disadvantage experienced by Europe’s Roma communities constitutes a major human rights crisis which has so far been sidelined by Brussels. A European strategy is urgently required, which demands leadership from the Commission and the full participation of Roma representatives.
European Commission Agenda2000Commission Opinion on Slovakia’s application for Membership of the European Union 15/07/1997 DOC/97/20 p1. 30. Available at: http://ec.europa.eu/enlargement/press_corner/key-documents/index_archive_en.
Topidisupra n. 25 p. 133.
European Parliament Resolution 9 Sept.2010P7_TA-PROV(2010)0312.
Weiss Adam‘Unqualified persons: the lawfulness of expelling homeless EEA nationals form the UK’J.I.A.N.L2010 24(3) pp. 246–256; Guild Elspeth ‘Citizens without a constitution Borders without a state: EU free movement of persons’ in Baldaccini A. & Guild E. Whose Freedom Security and Justice? EU immigration and Asylum Law and Policy Oxford: Hart publishing 2007.
Kingtonsupra n. 81; Aradau Claudia ‘The Roma in Italy. Racism as usual?’ 2009 153 Radical Philosophy p. 2.
ODIHRsupra n. 83; Kington supra n. 81.
Committee of Minsters Resolution ResChS (2006)4Collective Complaint No. 27/2004 by the European Roma Rights Centre against Italy (Adopted by the Committee of Ministers on 3 May 2006 at the 963rd meeting of the Ministers’ Deputies) Council of Europe.
Criminal Justice and Public Order Act1994.
Colacicchisupra n. 77 p. 40.
EUsupra n. 50 p. 50.
Law 94/2009; discussed by Colacicchisupra n. 77 p. 43.
Doughty Louise‘France deserves to be kicked out of the EU for deporting Roma people’Guardian Unlimited1 Sept. 2010.