The ICJ expresses its serious concern about imminent plans to adopt two important treaties in Europe with serious implications for human rights without prior parliamentary or other public consultation.
The first of these treaties implements the so-called Schengen Agreement between the Benelux countries, France and the Federal Republic of Germany. Its purpose is to abolish border controls between these countries. It includes provisions concerning responsibility for examining requests for asylum, the movement of persons, crime policies, cooperation between national police forces and the computerised exchange of personal data.
The second treaty relates to the Convention on asylum to be agreed by the ad hoc Group on Immigration. This will allocate responsibility for regulating requests for asylum made in any of the Member States of the European Community. This treaty will not be concluded within the framework of the European Community, and so it will avoid scrutiny of the European Parliament and the jurisdiction of the European Court of Justice.
The ICJ deplores the conclusion of important treaties without any involvement of Parliaments, both European and national, and without public debate, particularly where such treaties directly concern the position of asylum-seekers in Europe and have wider human rights implications, notably the right to privacy.
The ICJ therefore urges the States concerned to consult publicly and widely with their national Parliaments, the European Parliament, and non-governmental organisations, before adopting these treaties.