Moves by France and Italy to curb the flow of Arab Spring migrants earlier this year violated the spirit, but not the rules, of Europe's border-free Schengen area, the European Commission said Monday. After examining action taken in April by Rome and Paris to stem a feared tide of largely Tunisian migrants, the EU's executive arm said that while neither nation had breached European regulations, both had placed "increasing strain" on the 25-nation passport-free area.
"From a formal point of view, steps taken by Italian and French authorities have been in compliance with EU law. However, I regret that the spirit of the Schengen rules has not been fully respected," said Home Affairs Commissioner Cecilia Malmstroem. Faced with a large influx of migrants from North Africa, many desperate to get to France, Italy unilaterally issued 25,000 Tunisians with temporary residence papers enabling them to move freely within the Schengen area.
France responded by stopping trains from Italy carrying immigrants, citing risks to public order. Malmstroem said "police checks carried out by French authorities remained within the limits compatible with the Schengen Borders Code" while Italy's decision to issue residence permits and travel documents "have not been in breach with EU law."
But she said the spat between the two nations highlighted the need to improve the rules governing an area built on trust and confidence. "Schengen and free movement is one of the most tangible, popular and successful achievements of the European project," she said in a statement. "We need to ensure a coherent interpretation and a smooth implementation of the Schengen rules, in a spirit of solidarity and mutual trust."
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