Since the end of the World War II, anti-Roma laws emerged in each country of Europe, apart from Spain, legal discrimination was developed. The vagueness of the term Roma is due to the lack of legal definition established in France as in the Union. Talking about legal racism with inequalities where Roma are the victims. The widespread stereotypes of attitude, for example 77% of respondents in the 27 of EU member countries consider that belonging to the Roma minority is a disadvantage in the society (poll made INSEE, September 2010), is not difficult to quickly drift to discrimination, including from State authorities. Even if they are present in many European countries, Roma have generally the nationality of a Member State (Romania, Bulgaria, Spain, Slovak Republic…). This allows them access to citizenship since the Maastricht Treaty of 1992, and obviously the right to move and reside freely in every country of the EU; the right to have a job, to health, education, and eligibility. But we should admit that Roma are the victims of political discriminations. Since the adoption in 1997 of Article 13 of Treaty of Amsterdam, member states are obliged to take measures against racial discrimination. When they do not, the European Court of Human Rights can call them to order. Thus, the European Parliament is trying to solve the ‘Roma Affair’, but Union’s actions seem inadequate, and insufficient to remedy the weak legal situation of Roma people (‘L’express’ C.Barbier, September 2010).
In France, there are some transitional measures against Roma people, that is to say Bulgarians and Romanians are not able to have a legal job. In brief, when a Roma comes to France, they have three months to find a job, to pretend to the ‘Sécurité sociale’; which is the health care system. Basically, European Roma are excluded from the French labour market. Today, Romanians and Bulgarians cannot work because all conditions exist to discourage employers of goodwill who want to hire them legally. This includes the so-called ‘150 jobs open to Europeans’. (Collectif des Droits de L’Homme Romeurope, December 2008) For instance, a fee of 900euros to the ANAEM (National Agency of Foreigners and Migrations) is required or a huge and difficult file to fill with no guarantees for a job and six months of waiting.

Wroted by Gautier Dubois


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