A Common Immigration Policy for Europe

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A Common Immigration Policy for Europe
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The Tampere European Council of 15 and 16 October
1999

• coherent approach in the field of immigration and
  asylum
• common asylum system
• common legal immigration policy
• fight against illegal immigration

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The Hague Programme of 2004

• the common European immigration policy shall be
  based on
• the development of partnerships with countries of
  origin and of transit (Global approach)
• a common European asylum system, in full respect
  of the terms of the Geneva Convention and Member
  States obligations under international treaties
• fair treatment for third country nationals,
  aiming to give them comparable rights and
  obligations to those of nationals of the Member
  State in which they live
• a comprehensive approach to the management of
  migration flows.

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European Council of June 2007

• "recent events have demonstrated once again the
• need to make rapid progress in developing a
• comprehensive European migration policy based
• on common political principles, capable of taking
• account of all aspects of migration, based on a
• genuine partnership with third countries and
  fully
• Integrated into the Union's external policies"

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Common asylum system

• Council Directive on minimum standards on
• procedures in Member States for granting
• and withdrawing refugee status

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Legal immigration policy

• Manifold directives
• on the right to family reunification
• concerning the status of third-country nationals
  who are long-term residents
• on the conditions of admission of third-country
  nationals for the purposes of studies, pupil
  exchange, unremunerated training or voluntary
  service
• on a specific procedure for admitting
  third-country nationals for the purposes of
  scientific research.

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Plans to attract more high-skilled workers

• recent vacancy
• long-term demographic trend
• ? "Blue Card"
• it would give holders equal treatment to
  nationals in many areas and make it easier for
  them to bring their families over
• it is aimed to rival the US Green Card in
  attracting much-needed high-skilled workers to
  the EU.

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Fight against illegal immigrationDefinitions

• Persons with the right of free movement and
  residence nationals of any Member State of the
  European Union and States who are parties to the
  Agreement on the European Economic Area (Norway,
  Lichtenstein, Iceland, Switzerland), and the
  family member of an EEA national accompanying or
  joining the EEA national
• Third-country nationals any person who is
  unable to substantiate that he/she has the right
  of free movement and residence under specific
  other legislation

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Fight against illegal immigrationDefinitions

• Schengen State shall mean any Member State of the
  European Union applying in full the Schengen
  acquis
• Non-refoulement Third-country nationals may not
  be returned or expelled to the territory of a
  country that fails to satisfy the criteria of
  safe country of origin or safe third country
  regarding the person in question, in particular
  where the third-country national is likely to be
  subjected to persecution on the grounds of
  his/her race, religion, nationality, social
  affiliation or political conviction, nor to the
  territory or the frontier of a country where
  there is substantial reason to believe that the
  expelled third-country national is likely to be
  subjected to capital punishment, torture or any
  other form of cruel, inhuman or degrading
  treatment or punishment.

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Fight against illegal immigration

• September 2005
• The Commission submitted the proposal to the
  European Parliament and the Council for a
  directive on common standards and procedures in
  Member States for returning illegally staying
  third-country nationals. ("Return Directive)
• 18 June 2008 the European Parliament has been
  approved the proposal as amended
• It is expected to become law in two years' time.

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• The Directive sets out common standards and
  procedures in accordance with fundamental rights
  as general principles of Community law as well as
  international law, including refugee protection
  and human rights obligations.
• clear, transparent and fair rules
• fully respect of the principle of non-refoulement
  
• the principles of proportionality and
  effectiveness
• treatment in a human and dignified manner
• rapid information sharing between Member States
  (SISII)
• without discrimination
• best interests of the child
• family life
• state of health of the third-country nationals
  concerned

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• Return
• Removal
• Entry ban
• Detention

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Return

• an appropriate period for voluntary departure (7
  30 days)
• can be extended taking into account the specific
  circumstances of the individual case,
• the third-country nationals have the possibility
  to leave earlier

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• Certain obligations aimed at avoiding the risk of
  absconding, such as
• regular reporting to the authorities,
• deposit of an adequate financial guarantee,
• submission of documents,
• obligation to stay at a certain place
• may be imposed.

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Removal

• The necessary measures to enforce the return
  decision, if
• no period of voluntary departure has been granted
  (risk of absconding, risk to public security,
  public order or national security),
• the obligation to return has not been compiled
  with within the period for voluntary departure.

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• Use of coercive measures
• last resort to carry out to removal of a
  third-country national who resists removal
• such measures shall be proportional and shall not
  exceed reasonable force.
• in accordance with fundamental rights and with
  due to respect for the dignity and physical
  integrity
• postpone of the removal specific circumstances
  (technical reasons, physical state or mental
  capacity)

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Unaccompanied minors

• assistance by appropriate bodies shall be
  granted,
• the authorities shall be satisfied that he/she
  will be returned to a member of his/her family, a
  nominated guardian or adequate reception
  facilities in the state of return.

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Entry ban

• Return decision shall/may be accompanied by an
  entry ban.
• The length of the entry ban shall not exceed five
  years.
• It may exceed five years if the third-country
  national represents a serious threat to Public
  policy, public security or to national security.

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Procedural safeguards

• Return decisions, entry ban decisions and
  decisions on removal
• shall be issued in writing
• give reasons in fact and in law
• give information about available legal remedies.
• Upon request, a written or oral translation of
  the main elements of decisions.

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Remedies

• The third-country national concerned
• shall be afforded an effective remedy to appeal
  against of decisions before an impartial and
  independent authority,
• shall have the possibility to obtain legal
  advice, representation and linguistic assistance.
• on request free of charge

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Detention

• Unless other sufficient but less coercive
  measures can be applied
• in order to prepare return and/or carry our the
  removal process, in particular when
• there is a risk of absconding or
• the third-country national concerned avoids or
  hampers the preparation of return or the removal
  process.

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Strict procedural safeguards

• It shall be ordered in writing with reasons in
  fact and in law
• Speedy judicial review of the lawfulness of it
• It shall be maintained for as long a period as
  the conditions are fulfilled, it may not exceed
  six months.
• This period may be extended for further twelve
  months due to a lack of co-operation, or due to
  delays in obtaining necessary documentation from
  third countries
• It shall be carried out in specialised detention
  facilities
• Persons under detention shall be allow to
  establish contact with legal representatives,
  family members and competent consular
  authorities

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Detention of minors and families

• Unaccompanied minors and families shall only be
  detained as a measure of last resort and for the
  shortest appropriate period of time.
• Families - separate accommodation guaranteeing
  adequate privacy,
• Best interest of the child.

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civil society demonstration against the Return
Directive
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Criticism

• it will make returning illegal immigrants more
  difficult, by setting restrictions on detention
  and giving detainees more power to challenge
  deportation.
• Amnesty International
• "return" directive should provide more human
  rights safeguards
• detention should only be used in very exceptional
  cases,
• it will allow EU countries to detain people who
  have not committed any crime, including minors,
  for up to one year and a half.

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Thank you for the attention