Germany blocks EU rights watchdog

Plans for a European fundamental rights agency have been sent back to the drawing board by Berlin amid German concerns over EU justice powers.

Germany has asked the Austrian EU presidency to drop agreement on the agency from summit conclusions set to be agreed on Friday.

Berlin is concerned that the agency’s rights watchdog role crosses a European treaty line that ring fences justice as a matter of inter-governmental cooperation.

If Germany gets its way, the agency’s future is now uncertain and lies in the hands of the EU’s Coreper committee of national ambassadors.

“Germany has asked to go back to Coreper for new discussions at the working level. The Finnish EU presidency will take up the issue in July,” said an official.

The development is a major setback to European commission plans to increase EU justice powers and means the agency will not begin work on January 1 2007 as hoped.

The watchdog had been hailed in Brussels as a key body in balancing rights against EU security crackdowns.

Berlin is embroiled in a tussle between the national federal government and regional state legislatures known as Länder.

EU justice measures – such as the European evidence warrant – have created profound legal, political and constitutional headaches in Germany.

Länder have justice powers and have resisted EU decision-making. The regional assemblies have particular concerns over immigration.

Officials are dismayed that when German interior minister Wolfgang Schäuble attends councils of EU justice ministers he arrives with Länder representatives in tow.

“Whenever Schäuble comes to a council he has a Länd watchdog breathing over his shoulder which can make it pretty difficult for Germany to take a decision,” said one source close to council meetings.

The issue is a thorny one, combining problems for EU justice chiefs with both internal German politics and the country’s federal constitution.

Moves to increase EU justice powers will be deferred by Europe’s leaders meeting in Brussels until another summit in December.

The Finnish EU presidency will take debate forward after summer proposals from the European commission.

Austrian leader Wolgang Schüssel has indicated that measures will be specific – and focused on terrorism, immigration and border controls.

“The Finnish presidency will… concentrate on the issues of security, common protection of borders… and the integration and migration debate,” he said on Wednesday.

European justice commissioner Franco Frattini will table new proposals on illegal immigration on July 19.

Measures may include a safe countries of origin list, new EU-wide consular rules for visa applications and a legal basis for “rapid border intervention teams”.

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