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This article will critically examine the treatment of migrant Roma in Western Europe, particularly Italy and France, in the light of the obligations under the EU Citizenship Directive 2004/38. The role of the political institutions will be considered, especially the European Commission, who have yet to take a decisive position on the Roma expulsions and on the wider issue of Roma discrimination in Europe. It is argued that the focus on non-discrimination cannot address the entrenched inequality which characterises the Roma's situation in Europe. Furthermore, that the comparative disadvantage experienced by Europe's Roma communities constitutes a major human rights crisis which has so far been side-lined by Brussels. A European strategy is urgently required which demands leadership from the Commission and the full participation of Roma representatives.

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The position of Roma migrants in the EU presents an anomaly which challenges the foundations of European Union law. As Union citizens, European migrants are entitled to freedom of movement and residence in Member-States. Yet the rights intended to secure this position have been routinely and selectively denied to Roma migrants, leading to forced evictions and collective expulsions without regard to European Law.As has been evidenced in the UK, Roma arrivals are viewed with particularly acute suspicion; a response which reflects their double-stigmatization as both immigrant and Roma.At the same time, Roma migration from new Member States has exposed a contradiction inherent in the citizenship project which strikes at the heart of the Union's human rights credentials. The degree of exclusion and inequality faced by Europe's largest minority in all Member States is the most pressing internal human rights issue facing the EU. Yet the European institutions continue to lack a coherent response and defined strategy.The current European framework demanding National Action Plans is commendable in that it prevents individual states from abdicating responsibility for the situation of their Roma citizens. Nevertheless, the absence of clear targets, Roma engagement and European leadership, suggest that this strategy is doomed to failure -offering little more than a distraction. In a Union predicated on, inter alia, the rule of law, respect for human rights and the protection of minorities, this detached position undermines the legitimacy of the entire citizenship project.

This article critically examines the recent decision of the Grand Chamber of the EctHR in Saadi v UK 2008. The decision endorses short-term detention of asylum seekers on the basis of administrative convenience, specifically ruling out a requirement of necessity. The decision is examined in the light of international law on the detention of asylum seekers and the requirements of proportionality and lack of arbitrariness. It is anticipated that the use of routine detention will increase across Europe and that asylum seekers will be lumped together with other migrants in policies aimed at further restricting access to the European club. This presents a serious threat to the international right to seek and enjoy asylum provided in Article 14 of the Universal Declaration of Human Rights.