In a written statement, Home Affairs Commissioner Cecilia Malmström said the two countries did not infringe Schengen rules when Italy issued travel documents to immigrants and France introduced border controls (see 'Background').
"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," Malmström stated.
The tone of the announcement appeared to strikingly contradict a very critical preliminary statement from Malmström's services issued last week after a visit to Denmark. The trip assessed whether the introduction of internal border controls by Copenhagen had infringed EU rules.
Steps taken by Italy regarding the issuing of residence permits and travel documents to North African migrants irregularly present on its territory did not breach EU law, the Commission finds. It adds that its experts have also confirmed that police checks carried out by French authorities remained within the rules of the Schengen Borders Code.
In what can be seen as a slightly more critical remark for Italy, the Commission finds that there is "scope" for implementing the EU's approach to issuing documents to illegal immigrants.
"This can best be done with a more Community-based approach," the EU executive states.
Malmström’s spokesperson, Michele Cercone, explained that the "Community approach" would involve the European Commission in Schengen decision-making, which currently takes place on an inter-governmental basis.
The Commission is expected to unveil proposals to upgrade the current Schengen rules and clarify the conditions under which national governments can reinstate border controls in September.
The tone of Malmström's statement contrasts with criticism expressed across Europe over the handling of the problem with the boat people coming from Africa. In a policy paper called 'A Race Against Solidarity,' the Centre for European Policy Studies (CEPS) called the controversy a "shameful race to the bottom".
Similarly, policymakers gathered in Florence last May to celebrate the 61st anniversary of the Schuman Declaration used examples such as the lack of solidarity over the eurozone crisis and the handling of the boat people problem to state that the EU had reached its "lowest point in history".
