Local view for "http://purl.org/linkedpolitics/eu/plenary/2003-04-08-Speech-2-255"
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"en.20030408.6.2-255"2
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".
Mr President, as has already been pointed out, in the debate we will have to have on cooperation at an operational level between Member States regarding the repatriation of illegal residents, joint charter flights are one of the measures for strengthening operational cooperation laid down in the repatriation action plan approved by the Council in November 2002, on the basis of a Commission communication.
Legally speaking, these joint charter flights currently mean two or more national removal operations carried out at the same time in one and the same aircraft. These joint charter flights have nothing to do with collective expulsions, which are prohibited by the European Convention on Human Rights and the European Union Charter of Fundamental Rights. Joint repatriation flights, with a certain number of people on board, are organised for logistical reasons, but the underlying expulsion decisions are always made individually. Each case is examined individually according to the personal circumstances and legal situation of each person. In other words, everybody on board a flight of this kind has been the subject of an individual procedure that has led to an individual rejection of any application or appeal to obtain legal residency. Therefore, the decisions are based on individual grounds and not collective grounds.
In connection with the case mentioned by Mr Krivin, the Commission has received no indication and has no reason to suppose that the specific circumstances of each of the people on this flight was subject to an infringement of any instrument of international law, or, in other words, that the people on this flight had not had their applications examined individually and effectively by the Member States that adopted the expulsion measures."@en1
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