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When France ‘ignored’ the result of an EU referendum

Many are now openly asking the question of whether the shock EU referendum in the UK can be ignored. France has recent history of doing something similar.

When France 'ignored' the result of an EU referendum
Demonstrators hold signs reading 'Respect our No, an other Europe is possible' after the EU constitution which was rejected in a referendum in 2005. Photo: AFP
The shock result of last week's referendum has plunged the UK into political and economic chaos.
 
With no apparent plan for the future out of the EU, many Remain voters and those Leave voters suffering from “Bregret” are now wondering if the best thing to do is just ignore the result of the referendum.
 
While this may seem outrageous, given that it's only been days since the votes were cast, there is history when it comes to ignoring divisive referendums on the EU. Not least in France.
 
Here's what happened in the French referendum, and how France dealt with it. 
 
The year was 2005, and the French were faced with a referendum on whether to ratify the European Constitution. 
 
Voters were specifically asked: “Do you approve the bill authorizing the ratification of the treaty establishing a Constitution for Europe?”
 
Then-president Jacques Chirac is widely reported to have thought that a victory would be an expression of confidence in him by a pro-EU public, and he called for a referendum. Nine other EU countries also called for a referendum, although most (including the UK) didn't go through with it. 
 
But the bill prompted a bitter debate in France that split political parties on both sides and left 55 percent of the voters rejecting the bill after a turnout of around 69 percent.
 
A poll carried out by Ipsos after the vote found that 52 percent of “no” voters said that their deteriorating daily life conditions played a part in their choice, 40 percent said that the draft constitution was “too liberal”, and 39 percent of no voters said they had voted “no” hoping for a better treaty.
 
But no matter the reasons why they voted, the shock result sent tremors across Europe just like last week's Brexit vote.
 
Jacques Chirac. Photo: AFP
 
The move was described as a political earthquake at the time, not least considering France's role as one of the EU's founding members. 
 
Days later, the Dutch rejected the bill in a referendum of their own. Even though nine of the EU member states had ratified the treaty, European leaders eventually had to accept that the referendum results killed off the constitution.  
 
The EU member states were left having to come up with a plan B, prompting “no” voters in France to stage rallies across the country calling for their vote to be respected. 
 
By this point, president elections were on the way in France and presidential candidate Nicolas Sarkozy pledged a re-negotiation without a referendum. He became president in 2007.
 
In the following months, the EU member states repackaged the constitution into what became the Treaty of Lisbon in 2009, a document which, while not a constitution, was considered more or less the same as the one which the French had fairly resoundingly rejected.
 
Sarkozy presented the treaty to the French parliament and it was adopted.
 
Many French voters, especially on the left, believed their wishes that they had clearly presented in 2005 had been ignored.
 
Fabien Chevalier, the president of the pro-EU group Sauvons l'Europe, said that the 2005 vote broke the momentum of the integration of the EU. 
 
“Europe has the role of the bad cop, who has to respect the rules that are adopted by the member states. It's not surprising that people don't care anymore.”
 
This is considered to be a key moment in France's worsening view of the EU over the following years.
 
“The referendum marked a break. People voted, and there has been a refusal to accept the decision of the people. Disillusionment settled in,” said Marie-Georges Buffet, the leader of the French Communist Party from 2001 to 2010.
 
For the next decade, opinion polls showed that the French were falling out of love with the EU, to the point where a majority would like a referendum on Frexit.
 
Indeed, a survey from the CSA Institute last year found that some 67 percent of the French don't support the EU.
 
So perhaps it would not be so wise for British politicians to ignore the referendum. Worse may follow years down the line.

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EES PASSPORT CHECKS

How will the new app for Europe’s EES border system work?

With Europe set to introduce its new Entry/Exit biometric border system (EES) in the autumn there has been much talk about the importance of a new app designed to help avoid delays. But how will it work and when will it be ready?

How will the new app for Europe's EES border system work?

When it comes into force the EU’s new digital border system known as EES will register the millions of annual entries and exits of non-EU citizens travelling to the EU/Schengen area, which will cover 29 European countries.

Under the EU Entry/Exit System (EES), non-EU residents who do not require a visa will have to register their biometric data in a database that will also capture each time they cross an external Schengen border.

Passports will no longer be manually stamped, but will be scanned. However, biometric data such as fingerprints and facial images will have to be registered in front of a guard when the non-EU traveller first crosses in to the EU/Schengen area.

Naturally there are concerns the extra time needed for this initial registration will cause long queues and tailbacks at the border.

To help alleviate those likely queues and prevent the subsequent frustration felt by travellers the EU is developing a new smartphone app.

READ ALSO: What will the EES passport system mean for foreigners living in Europe?

The importance of having a working app was summed up by Uku Särekanno, Deputy Executive Director of the EU border agency Frontex in a recent interview.

“Initially, the challenge with the EES will come down to the fact that travellers arriving in Europe will have to have their biographic and biometric data registered in the system – border guards will have to register four of their fingerprints and their facial image. This process will take time, and every second really matters at border crossing points – nobody wants to be stuck in a lengthy queue after a long trip.”

But there is confusion around what the app will actually be able to do, if it will help avoid delays and importantly when will it be available?

So here’s what we know so far.

Who is developing the app?

The EU border agency Frontex is currently developing the app. More precisely, Frontex is developing the back-end part of the app, which will be made available to Schengen countries.

“Frontex is currently developing a prototype of an app that will help speed up this process and allow travellers to share some of the information in advance. This is something we are working on to support the member states, although there is no legal requirement for us to do so,” Uku Särekanno said in the interview.

Will the 29 EES countries be forced to use the app?

No, it is understood that Frontex will make the app available on a voluntary basis. Each government will then decide if, when and where to use it, and develop the front-end part based on its own needs.

This point emerged at a meeting of the House of Commons European scrutiny committee, which is carrying out an inquiry on how EES will impact the UK.

What data will be registered via the app?

The Local asked the European Commission about this. A spokesperson however, said the Commission was not “in a position to disclose further information at this stage” but that travellers’ personal data “will be processed in compliance with the high data security and data protection standards set by EU legislation.”

According to the blog by Matthias Monroy, editor of the German civil rights journal Bürgerrechte & Polizei/CILIP the Frontex app will collect passengers’ name, date of birth, passport number, planned destination and length of stay, reason for travelling, the amount of cash they carry, the availability of a credit card and of a travel health insurance. The app could also allow to take facial images. It will then generate a QR code that travellers can present at border control.

This, however, does not change the fact that fingerprints and facial images will have to be registered in front of a guard at the first crossing into the Schengen area.

So given the need to register finger prints and facial images with a border guard, the question is how and if the app will help avoid those border queues?

When is the app going to be available?

The answer to perhaps the most important question is still unclear.

The Commissions spokesperson told The Local that the app “will be made available for Schengen countries as from the Entry/Exit System start of operations.” The planned launch date is currently October 6th, but there have been several delays in the past and may be another one.

The UK parliamentary committee heard that the prototype of the app should have been ready for EU member states in spring. Guy Opperman, Under-Secretary of State at the UK Department for Transport, said the app will not be available for testing until August “at best” and that the app will not be ready in time for October. The committee previously stated that the app might even be delayed until summer 2025.

Frontex’s Särekanno said in his interview: “Our aim is to have it ready by the end of the summer, so it can then be gradually integrated into national systems starting from early autumn”.

READ ALSO: How do the EES passport checks affect the 90-day rule?

Can the system be launched if the app is not ready?

Yes. The European Commission told The Local that “the availability of the mobile application is not a condition for the Entry/Exit System entry into operation or functioning of the system. The app is only a tool for pre-registration of certain types of data and the system can operate without this pre-registration.”

In addition, “the integration of this app at national level is to be decided by each Schengen country on a voluntary basis – as there is no legal obligation to make use of the app.”

And the UK’s transport under secretary Guy Opperman sounded a note of caution saying the app “is not going to be a panacea to fix all problems”.

When the app will be in use, will it be mandatory for travellers?

There is no indication that the app will become mandatory for those non-EU travellers who need to register for EES. But there will probably be advantages in using it, such as getting access to faster lanes.

As a reminder, non-EU citizens who are resident in the EU are excluded from the EES, as are those with dual nationality for a country using EES. Irish nationals are also exempt even though Ireland will not be using EES because it is not in the Schengen area.

Has the app been tested anywhere yet?

Frontex says the prototype of the app will be tested at Stockholm’s Arlanda Airport, in Sweden. Matthias Monroy’s website said it was tested last year at Munich Airport in Germany, as well as in Bulgaria and Gibraltar.

According to the German Federal Police, the blog reports, passengers were satisfied and felt “prepared for border control”.

This article is published in cooperation with Europe Street News.

 
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