Tag Archives: Community migration policy

Entry and residence of highly qualified workers

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Entry and residence of highly qualified workers

Outline of the Community (European Union) legislation about Entry and residence of highly qualified workers

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Living and working in the internal market

Entry and residence of highly qualified workers (EU Blue Card)

Document or Iniciative

Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment.

Summary

The object of this directive is to improve the European Union’s (EU) ability to attract highly qualified workers from third countries. The aim is not only to enhance competitiveness within the context of the Lisbon strategy, but also to limit brain drain. It is designed to:

  • facilitate the admission of these persons by harmonising entry and residence conditions throughout the EU;
  • simplify admission procedures;
  • improve the legal status of those already in the EU.

The directive applies to highly qualified third-country nationals seeking to be admitted to the territory of a Member State for more than three months for the purpose of employment, as well as to their family members.

Entry conditions

To be allowed into the EU, the applicant must produce:

  • a work contract or binding job offer with a salary of at least 1,5 times the average gross annual salary paid in the Member State concerned (Member States may lower the salary threshold to 1,2 for certain professions where there is a particular need for third-country workers);
  • a valid travel document and a valid residence permit or a national long-term visa;
  • proof of sickness insurance;
  • for regulated professions, documents establishing that s/he meets the legal requirements, and for unregulated professions, the documents establishing the relevant higher professional qualifications.

In addition, the applicant must not pose a threat to public policy in the view of the Member State. S/he may also be required to provide his/her address in that Member State.

Member States will determine the number of third-country nationals they admit.

Admission procedure, issuance and withdrawal of the EU Blue Card

Member States are free to decide whether the application for an EU Blue Card has to be made by the third-country national and/or his/her employer. If the candidate fulfils the above conditions and the national authorities decide to admit him/her, s/he is issued an EU Blue Card, which is valid for a standard period of one to four years. The application will be accepted or rejected within 90 days of filing. If the application is accepted, the applicant will be given every facility to obtain the requisite visas.

The application for an EU Blue Card can be rejected if it was drawn up on the basis of false or fraudulently acquired documents or if, given the state of the labour market, the Member State decides to give priority to:

  • EU citizens;
  • third-country nationals with a preferred status under Community law who are legal residents or who are EC long-term residents and wish to move to that Member State.

The application may also be rejected on the grounds of volumes of admission established by the Member State, ethical recruitment or if the employer has been sanctioned due to undeclared work or illegal employment.

The EU Blue Card may be withdrawn if the holder does not have sufficient resources to maintain him-/herself and family members without social assistance or if s/he has been unemployed for more than three consecutive months or more than once during the period of validity of the card.

Rights and residence in other Member States

With this card, third-country nationals and their families can:

  • enter, re-enter and stay in the issuing Member State and pass through other Member States;
  • work in the sector concerned;
  • enjoy equal treatment with nationals as regards, for example, working conditions, social security, pensions, recognition of diplomas, education and vocational training.

After two years of legal employment, they may receive equal treatment with nationals as regards access to any highly qualified employment. After 18 months of legal residence, they may move to another Member State to take up highly qualified employment (subject to the limits set by the Member State on the number of non-nationals accepted).

The procedure is the same as that for admission to the first Member State. An EU Blue Card holder and his family can, however, freely enter and stay in a second Member State, but must notify the authorities there within one month of their arrival. The second Member State may decide not to allow the third-country national to work until a positive decision on his/her application has been taken. However, the application may already be presented to the authorities of the second Member State while the EU Blue Card holder is still residing and working in the first Member State.

Implementation and reporting obligations

Starting from 2013, the Commission annually collects statistics from the Member States on the number of third-country nationals to whom an EU Blue Card has been issued, renewed, withdrawn or refused, on their nationalities and occupations, and on their families. Starting from 2014, it reports on the application of the directive to the European Parliament and the Council every three years and proposes any changes it deems necessary.

Background

In its policy plan on legal migration, which was presented on 21 December 2005, the Commission made five legislative proposals concerning different categories of third-country nationals. This directive is the first of these proposals.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 2009/50/EC

19.6.2009

19.6.2011

OJ L 155 of 18.6.2009

A common immigration policy for Europe

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A common immigration policy for Europe

Outline of the Community (European Union) legislation about A common immigration policy for Europe

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Free movement of persons asylum and immigration

A common immigration policy for Europe

Document or Iniciative

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 17 June 2008 – A Common Immigration Policy for Europe: Principles, actions and tools [COM(2008) 359 final – Not published in the Official Journal].

Summary

This communication puts forward 10 common principles with concrete actions for their implementation, on the basis of which the common European immigration policy will be formulated. In order to attain a coordinated and integrated approach to immigration, these principles are mainstreamed under the three main strands of European Union (EU) policy, i.e. prosperity, solidarity and security.

The common immigration policy will be delivered in partnership between the EU countries and institutions. It will be followed up regularly through a new monitoring and evaluation mechanism, including an annual assessment. Recommendations will be put forward by the European Council on the basis of a Commission report on the immigration situation at the European and national levels.

PROSPERITY: the contribution of legal immigration to the socio-economic development of the EU

Clear rules and a level playing field

The common immigration policy should be characterised by clarity, transparency and fairness and be targeted towards promoting legal immigration. Thus, the transmission to non-EU nationals of the necessary information pertaining to legal entry and stay in the EU should be ensured. In addition, the fair treatment of the non-EU nationals residing legally in the EU should be guaranteed. To implement these principles in practice, the EU and its countries should:

  • define clear and transparent rules for entry and residence in the EU;
  • provide information to potential immigrants and applicants, in particular on their rights and obligations as EU residents;
  • provide support and assistance on complying with entry and residence conditions to countries of origin as well as destination;
  • work towards a flexible Europe-wide visa policy.

Matching skills and needs

In light of the Lisbon Strategy, the promotion of economic immigration should be founded on a needs-based assessment of EU labour markets. Progress within all skill levels and sectors should be considered in relation to the knowledge-based economy and economic growth. At the same time, the principle of EU preference, the EU countries’ right to determine the volumes of admission and the immigrants’ rights should be kept in mind. In practical terms, this entails the following from the EU and its countries:

  • an assessment of current, medium-term and future (up to 2020) European labour market needs in terms of skills requirements;
  • the development of national “immigration profiles” comprising information on the labour market situation and the skills available and the gathering of comprehensive and comparable data on immigration;
  • the development of labour-matching tools and policies, the endorsement of mechanisms for the recognition of foreign qualifications and the organisation of training in countries of origin;
  • an assessment of the current and future potential for entrepreneurship among immigrants, including the legislative and operational framework for establishment, and the development of supportive measures;
  • the promotion of measures to increase employment among non-EU nationals, focusing especially on women, and the provision of alternatives to illegal employment.

Integration is the key to successful immigration

Integration as a “two-way process” should be promoted, conforming to the Common Basic Principles on Integration. The participation of immigrants should be enhanced, while social cohesion and approaches to diversity in the host societies should be developed. To this end, the EU and its countries should:

  • consolidate the EU framework for integration;
  • support the management of diversity and the evaluation of the outcomes of integration policies in EU countries;
  • promote integration programmes targeted at new immigrant arrivals;
  • ensure equal advancement opportunities in the labour market for legal non-EU workers;
  • apply social security schemes equally to immigrants and to EU nationals;
  • develop means to increase the participation of immigrants in society;
  • review Council Directive 2003/86/EC on the right to family reunification;
  • continue applying the EU asylum policy, while developing the measures further, in particular through the Policy Plan on Asylum.

SOLIDARITY: coordination between EU countries and cooperation with non-EU countries

Transparency, trust and cooperation

At the basis of the common immigration policy should be the principles of solidarity, mutual trust, transparency, responsibility and shared effort between the EU and its countries. Therefore, they should strive to:

  • improve the sharing of information in order to establish coordinated approaches where relevant;
  • develop mechanisms for monitoring the impact of national measures so as to achieve consistency within the EU;
  • establish interoperable systems to manage immigration more effectively;
  • provide for consistent communication of EU immigration policies both internally and externally.

Efficient and coherent use of available means

In the name of solidarity, the particular challenges that the external borders of certain EU countries are confronting should be considered in the financial framework. In this respect, the EU and its countries should:

  • complement national resources with the use of the framework programme on Solidarity and Management of Migration Flows (2007-13);
  • support the implementation of national policies and the ability to respond to ad-hoc situations with the mechanisms of the above programme;
  • carry out continuous evaluations on the allocation of resources through the programme to EU countries and modify these allocations when necessary;
  • develop further the management of activities that are funded from both EU and national resources in order to prevent concurrent actions.

Partnership with non-EU countries

Immigration should be an integral part of the EU’s external policies. Collaboration on all aspects of migration issues should be promoted in partnerships with non-EU countries. To this end, the EU and its countries should:

  • support the development of non-EU countries’ immigration and asylum systems, as well as legislative frameworks;
  • enhance collaboration and capacity-building in partner countries and develop mobility partnerships on labour migration;
  • employ policy instruments developed under the “Global Approach to Migration” framework, in particular to enhance cooperation with (potential) candidate countries, and guarantee the availability and effective use of financial instruments needed to implement this framework;
  • collaborate with African partners to implement the 2006 “Rabat process” and the EU-Africa Partnership on Migration, Mobility and Employment;
  • enhance collaboration with European Neighbourhood countries, Latin America and the Caribbean and Asia, in order to develop a shared understanding of migration challenges;
  • develop the legal and operational means to provide circular migration opportunities and collaborate with countries of origin on illegal immigration;
  • incorporate provisions on social security into association agreements with non-EU countries.

SECURITY: effective fight against illegal immigration

A visa policy that serves the interests of Europe and its partners

With a common visa policy, the entry of legal visitors into EU territory should be facilitated and internal security strengthened. This visa policy should be based on the use of new technologies and widespread information sharing between EU countries. To enable this, the EU and its countries should:

  • set up a four-tier approach with controls on visa applicants at all stages;
  • take up the uniform European Schengen visas;
  • use common consular centres for issuing visas;
  • examine the application of an electronic travel authorisation for non-EU nationals;
  • examine in more detail the visa procedures, in particular with regard to long-term visas.

Integrated border management

The protection of the Schengen area’s integrity is essential. Hence, the management of external borders should be improved and the development of border control-related policies should be aligned with that of customs controls and threat prevention. In practice, the EU and its countries should:

  • strengthen the functional aspects of the European Agency for the Management of External Borders (Frontex);
  • establish an integrated approach to border management based on an improved use of information technology and the Seventh Framework Programme (FP7);
  • carry on developing the European border surveillance system (EUROSUR);
  • collaborate with non-EU countries to develop the management of borders in relevant countries of origin and transit;
  • provide financial support for the development of the integrated European border management system;
  • develop a one-stop-shop control system at land borders through improved collaboration between EU country authorities.

Stepping up the fight against illegal immigration and zero tolerance for trafficking in human beings

A consistent policy for fighting illegal immigration and trafficking in human beings should be developed. Measures against undeclared work and illegal employment and for protecting victims of trafficking should be established. To work toward these goals, the EU and its countries should:

  • supply resources for investigating cases of smuggling and trafficking;
  • collaborate with representatives of workers and employers to tackle illegal employment;
  • develop tools to analyse risks and provide for evaluation of policies and improvement of measurement techniques;
  • support collaboration between administrations, in particular with regard to cross-checks, and assist in establishing exchanges of good practices;
  • encourage the use of biometrics as an effective tool in the fight against illegal immigration and trafficking;
  • apply fundamental human rights to non-EU nationals residing illegally in the EU;
  • provide protection and assistance to victims of trafficking, also with regard to recovery and reintegration into the society;
  • expand the legal framework to apply to new criminal phenomena in illegal immigration and sexual exploitation of children;
  • ensure the effective implementation of international instruments in the field of migrant smuggling and human trafficking in the EU.

Effective and sustainable return policies

Return policies are integral to policies on immigration. Giving legal status to illegal immigrants en masse should not be encouraged; yet, the possibility of giving legal status to individuals should not be impaired. Hence, the EU and its countries should:

  • ensure that return decisions are mutually recognised in the EU and promote collaboration between EU countries in carrying out these decisions;
  • assure that the directive on common standards for returning non-EU nationals staying illegally is implemented and applied once it has entered into force;
  • develop means to identify undocumented returnees and examine whether a European laissez-passer may be implemented for returning undocumented immigrants;
  • promote the implementation of readmission agreements by non-EU countries;
  • establish a common European approach to giving legal status to illegal immigrants.

Background

In today’s Europe without internal borders, managing immigration in a coordinated manner is of utmost importance. Since 1999, the EU has been seeking to do this under the auspices of the Treaty establishing the European Community (now under the Treaty on the Functioning of the European Union). However, the Commission deems that achievements to date have not been sufficient. A Europe-wide common policy is needed to provide a framework for coherent action. A vision for this policy was presented within the Commission communication “Towards a Common Immigration Policy” on 5 December 2007. Subsequently, the European Council confirmed the importance of developing a common policy and requested that the Commission submit proposals in 2008.

Strengthening the Global Approach to Migration

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Strengthening the Global Approach to Migration

Outline of the Community (European Union) legislation about Strengthening the Global Approach to Migration

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Free movement of persons asylum and immigration

Strengthening the Global Approach to Migration

Document or Iniciative

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 8 October 2008 – Strengthening the Global Approach to Migration: Increasing coordination, coherence and synergies [COM(2008) 611 final – Not published in the Official Journal].

Summary

This Communication reports on the implementation of the Global Approach to Migration, presenting its future possibilities and suggesting improvements with regard to its coordination, coherence and synergies. The focus is both on the thematic development and the geographical aspects of the Global Approach.

Legal economic migration

Collaboration with third countries should be extended to address the European Union’s (EU) labour needs. Consequently, potential migrants should be informed about the rules and procedures for gaining legal access to the EU and of the risks associated with illegal migration. To this end, a migration portal will eventually be established and targeted information campaigns carried out. It is also essential that labour migrants’ access to the EU is flexible and that mobility for research or business purposes is facilitated. To this end, the Commission will aim to develop:

  • first generation mobility partnerships to use in strategic cooperation activities;
  • centres offering information and management services related to migration;
  • tools to better match jobseekers to vacancies;
  • exchanges of best practice among relevant stakeholders;
  • legal and operational measures that encourage circular migration;
  • common centres to handle visa applications.

Fighting illegal migration

In order to curb irregular immigration, the EU provides support to third countries on border management-related aspects. The Council has requested that the Commission considers broadening the role of FRONTEX in this context. Support is also provided to the fight against smuggling and trafficking of human beings, namely through international instruments, the national Anti-Trafficking Action Plans and improved legislative acts. Continuing dialogue and cooperation on these issues with partner countries has also been emphasised. In this regard, the Commission intends to support the:

  • collection of information relating to changes in migratory routes to the EU;
  • development of migration management in key third countries;
  • adoption and implementation of National Integrated Border Management Strategies in third countries;
  • setting-up of a border surveillance infrastructure under the European Border Surveillance System (EUROSUR) through strengthened cooperation with third countries;
  • implementation of the Ouagadougou Action Plan, as well as the development of anti-trafficking strategies by regional organisations.

Migration and development

Migration and development-related work must be improved and intensified. The principles set out in the European Consensus on Development should be used to this end, in particular to tackle the root causes of migration. It is also essential that migration policies be mainstreamed into other relevant policy areas. Hence, the Commission intends to improve the:

  • systems for remittance transfers;
  • migrant groups’ and diaspora associations’ participation in EU policy-making;
  • Policy Coherence for Development (PCD) dimension, especially in relation to brain drain;
  • quality of and access to education and vocational training, as well as opportunities for and conditions of employment in high emigration areas;
  • application of the European Consensus on Development to issues related to employment, governance and demographic developments;
  • understanding of the link between climate change and migration, as well as its present and future effects.

Migratory routes

With regard to the southern migratory routes, more coherence needs to be achieved at the policy development and implementation levels. To this end, the Commission aims to promote intra-African cooperation and the development of African migration policy frameworks. At the EU-level, the Commission intends to manage EU-Africa cooperation through the EU Implementation Team on the Migration, Mobility and Employment Partnership.

The migration and development dimension should also be extended to the cooperation between the EU and its neighbouring eastern and south-eastern regions. Issues such as labour migration, remittances, return and reintegration, as well as diaspora networks should be taken into account.

Other regions, such as the Southern Caucasus, Central Asia, Middle East, Asia, and Latin America and the Caribbean also have an impact on the EU’s migration policy in terms of irregular as well as legal economic migration. Therefore, a differentiated approach should be taken to these regions, both bi- and multilaterally, to strengthen dialogue and cooperation.

Better governance

The Global Approach must provide a practical framework for better migration management. Hence, its coherence and efficiency must be improved. Coordination between the EU, national, regional and local levels, as well as with third countries also needs to be strengthened. Sharing information on the EU’s political objectives regarding migration must be part of the dialogue and cooperation with third countries. In addition, the EU and the Member States should make their policy profile more visible and promote the Global Approach in the different cooperation frameworks.

Finally, the overall efficiency of the Global Approach is also linked to its financing. Consequently, the Community funding instruments, as well as those of the Member States and other outside sources, must be reviewed and their use improved.

Information management in the area of freedom, security and justice

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Information management in the area of freedom, security and justice

Outline of the Community (European Union) legislation about Information management in the area of freedom, security and justice

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Police and customs cooperation

Information management in the area of freedom, security and justice

Document or Iniciative

Communication from the Commission to the European Parliament and the Council of 20 July 2010 – Overview of information management in the area of freedom, security and justice [COM(2010) 385 final – Not published in the Official Journal].

Summary

The communication presents an overview of European Union (EU) level instruments that regulate the collection, storage or cross-border exchange of personal data for law enforcement or migration management purposes. It describes the main purpose and structure of these instruments, as well as the types of personal data they cover, the authorities that have access to these data and the rules for data protection and retention. It also sets out the main principles to take into consideration when designing and evaluating such instruments in future.

Instruments in force, under implementation or consideration

The current EU level instruments consist of those that aim to improve the functioning of the Schengen area and the customs union, such as the:

  • Schengen Information System (SIS) and the second generation Schengen Information System (SIS II), which is currently under development;
  • Eurodac system;
  • Visa Information System (VIS);
  • directive on the transmission of Advance Passenger Information (API);
  • Naples II Convention;
  • Customs Information System (CIS) and its Customs File Identification Database (FIDE).

There are also EU level instruments aimed at preventing and combating terrorism and other forms of serious cross-border crime, such as the:

  • framework decision on simplifying the exchange of information between law enforcement authorities;
  • decision on stepping up cross-border cooperation;
  • Data Retention Directive 2006/24/EC;
  • framework decisions on taking account of previous convictions in new criminal proceedings and on exchanging information from criminal records, including the European Criminal Records Information System (ECRIS) for the latter;
  • Council Decision 2000/642/JHA on exchanging information between EU countries’ Financial Intelligence Units;
  • decision on cooperation between Asset Recovery Offices (AROs);
  • Cybercrime Alert Platforms.

In addition, EU agencies and bodies have been established to assist EU countries in preventing and combating serious cross-border crime, such as the European Police Office (Europol) and the EU’s Judicial Cooperation Unit (Eurojust).

As to cooperation with non-EU countries to prevent and combat terrorism and other forms of serious transnational crime, the Commission has signed Passenger Name Record (PNR) agreements with the United States, Australia and Canada. However, the European Parliament is critical of the content of these agreements and has, therefore, requested the Commission to renegotiate them. The Commission has also signed an agreement with the United States on the transfer of financial messaging data (EU-US TFTO Agreement).

Instruments envisaged in the Stockholm Programme action plan

In its action plan on the Stockholm Programme, the Commission has committed to presenting in the course of 2011 three legislative proposals:

  • a PNR package;
  • an Entry/Exit System (EES) for non-EU country nationals entering the Union for stays of a maximum of three months;
  • a Registered Travellers Programme (RTP) for simplifying border checks for certain groups of frequent travellers from non-EU countries.

The Stockholm Programme action plan also includes initiatives that the Commission is to study, with a view to presenting a communication on their feasibility:

  • an EU Terrorist Finance Tracking Programme (EU TFTP), for facilitating data transfers from the EU to the United States;
  • an Electronic System of Travel Authorisations (ESTA), for facilitating the entry of non-EU nationals who are not subject to visa requirements;
  • a European Police Record Index System (EPRIS), for facilitating the location of information across the EU by law enforcement officers.

Analysis of instruments

Only six of the above mentioned instruments involve the collection and storage of personal data at EU level: SIS, VIS, Eurodac, CIS, Europol and Eurojust. The other instruments regulate the exchange or transfer of personal information that has been collected at national level. With the exception of SIS and VIS, these instruments have a single purpose. Similarly, the personal information collected may only be used for the single purpose defined by the instrument in question, except for that collected through SIS and VIS.

Access to information from instruments that aim at combating terrorism and serious crime is limited to the police and border control and customs authorities. Access to information from Schengen-related instruments is limited to immigration authorities and, in certain circumstances, to the police and border control and customs authorities. The information flow for centralised instruments is controlled by national interfaces and for decentralised instruments by national contact points or central coordinating units.

Set of core principles for future

There is a need to establish a set of core principles for future policy developments as well as for the evaluation of the current instruments. These should consist of substantive principles, such as:

  • the safeguarding of fundamental rights, especially of the right to privacy and personal data protection via “privacy by design”;
  • an assessment of the necessity of the new instrument in terms of its impact on an individual’s right to privacy and personal data protection;
  • compliance with the principles of subsidiarity and proportionality;
  • management of risk via risk profiles.

The set of core principles should also consist of process-oriented principles, such as:

  • cost-effectiveness, taking into consideration existing instruments;
  • bottom-up policy design, taking into consideration the interests of end-users;
  • clear allocation of responsibilities, paying particular attention to governance structures;
  • reporting and review obligations to ensure the instruments serve the purposes they were designed for.

Action plan on the Stockholm Programme

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Action plan on the Stockholm Programme

Outline of the Community (European Union) legislation about Action plan on the Stockholm Programme

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Judicial cooperation in criminal matters

Action plan on the Stockholm Programme

Document or Iniciative

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 20 April 2010 – Delivering an area of freedom, security and justice for Europe’s citizens – Action Plan Implementing the Stockholm Programme [COM(2010) 171 final – Not published in the Official Journal].

Summary

The European Union’s (EU) priorities for developing an area of justice, freedom and security during the period 2010-14 are set out in the Stockholm Programme. This action plan aims to deliver those priorities as well as to prepare for future challenges both at European and global level.

Europe of rights

The action plan provides for measures to ensure the protection of fundamental rights. These consist of reinforcing data protection law through a new comprehensive legal framework, as well as of incorporating data protection into all EU policies, law enforcement, crime prevention and international relations. Actions are also intended to fight against all forms of discrimination, racism, xenophobia and homophobia. Particular attention is given to protecting the rights of the child and vulnerable groups, including victims of crime and terrorism. For the protection of the latter, the Commission will propose a comprehensive instrument and practical measures, including a European Protection Order. The Commission will also make legislative proposals regarding the rights of individuals in criminal proceedings and actions relating to detention. Furthermore, the action plan provides for measures to empower European citizens, in particular as regards the right to free movement, protection in non-EU countries and civic participation.

Europe of justice

In order to strengthen the European judicial area, the action plan sets out measures to further implement the principle of mutual recognition. This includes legislative proposals on obtaining and gathering of evidence, disqualifications and financial penalties in criminal matters. The Commission also intends to propose new legislation on civil matters, such as relating to divorce, and revise the regulation concerning judgements in civil and commercial matters. For the principle of mutual recognition to function effectively, the Commission will take actions to strengthen mutual trust. To this end, actions to develop common minimum standards in both criminal and civil law will also be proposed. In addition, for citizens to better benefit from the European judicial area, the Commission will propose actions to facilitate access to justice, especially in terms of legislation relating to civil status documents, and to support economic activity, such as legislative proposals on the enforcement of judgements. At the same time, the Commission intends to increase the EU’s international presence in the field of civil and criminal law, mainly through the negotiation of agreements and conventions with non-EU countries.

Europe that protects

To better protect citizens and tackle cross-border crime, the action plan provides for the drafting of an internal security strategy. The Commission also aims to improve the existing security tools, in particular those relating to the management of information flows, as well as to propose the take up of technological security tools, such as a European register of convicted non-EU nationals. In addition, the action plan provides for improved policies to fight cross-border crime, mainly better cooperation in European law enforcement, including between the European Police Office, Eurojust and the European external borders agency (Frontex), as well as better crime prevention. In order to protect against serious and organised crime, the action plan also provides for specific measures to fight crime, including legislative proposals on:

  • trafficking in human beings;
  • sexual exploitation of children and child pornography;
  • cyber-crime and network information security;
  • economic crime and corruption;
  • drugs;
  • terrorism.

The Commission also intends to reinforce the EU’s capacity to prevent, prepare for and respond to disasters, both man-made and natural. To this end, the action plan provides for measures that complement and improve EU disaster management.

Access to Europe

The Commission will take actions to further develop the integrated approach to managing the EU’s external borders. These include legislative proposals to modify Frontex, the Schengen Borders Code and the European Border Surveillance System (Eurosur). The Commission will also propose the setting up of an Entry Exit System (EES) and a Registered Traveller Programme (RTP). Furthermore, the Commission will continue with visa liberalisation by negotiating Visa Facilitation Agreements with non-EU countries, as well as with the launch of the Visa Information System (VIS).

Europe of solidarity

The Commission intends to pursue a dynamic and comprehensive immigration policy, which will consist of actions that:

  • further develop the EU Global Approach to Migration to increase cooperation with non-EU countries;
  • support migration to fulfil the needs of the EU countries’ labour-markets;
  • promote the integration and the rights of migrants;
  • tackle illegal migration through readmission agreements and return policies;
  • take into account the situation of unaccompanied minors.

The Commission also aims to pursue a common asylum policy to establish a common area of protection for asylum seekers through the sharing of responsibility by EU countries. The action plan also provides for a strengthened external dimension through cooperation with the United Nations High Commissioner for Refugees and the development of the EU Resettlement Programme as well as of new regional protection programmes.

Europe in a globalised world

The action plan reiterates the interconnection between the internal and external dimension of justice, freedom and security policies. Consequently, it provides for actions that reinforce the external dimension, in particular for better cooperation and information sharing between EU countries. In addition, the Commission aims at taking into account the external dimension in its relations with non-EU countries, including in a variety of agreements and partnership arrangements. The action plan also provides for continued support for the Council of Europe conventions on trafficking in human beings, data protection, protection of children, cybercrime and corruption, as well as for the Hague Conference on Private International Law.

The way forward

In order to transform the political priorities established by the Stockholm Programme into concrete actions and results, the action plan provides measures for:

  • evaluating justice, freedom and security policies and mechanisms;
  • training legal and security professionals as well as judicial and law enforcement authorities;
  • public awareness-raising activities;
  • dialogue with civil society;
  • new financial programmes.

Another Normative about Action plan on the Stockholm Programme

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic

Justice freedom and security > Free movement of persons asylum and immigration

Action plan on the Stockholm Programme

Document or Iniciative

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 20 April 2010 – Delivering an area of freedom, security and justice for Europe’s citizens – Action Plan Implementing the Stockholm Programme [COM(2010) 171 final – Not published in the Official Journal].

Summary

The European Union’s (EU) priorities for developing an area of justice, freedom and security during the period 2010-14 are set out in the Stockholm Programme. This action plan aims to deliver those priorities as well as to prepare for future challenges both at European and global level.

Europe of rights

The action plan provides for measures to ensure the protection of fundamental rights. These consist of reinforcing data protection law through a new comprehensive legal framework, as well as of incorporating data protection into all EU policies, law enforcement, crime prevention and international relations. Actions are also intended to fight against all forms of discrimination, racism, xenophobia and homophobia. Particular attention is given to protecting the rights of the child and vulnerable groups, including victims of crime and terrorism. For the protection of the latter, the Commission will propose a comprehensive instrument and practical measures, including a European Protection Order. The Commission will also make legislative proposals regarding the rights of individuals in criminal proceedings and actions relating to detention. Furthermore, the action plan provides for measures to empower European citizens, in particular as regards the right to free movement, protection in non-EU countries and civic participation.

Europe of justice

In order to strengthen the European judicial area, the action plan sets out measures to further implement the principle of mutual recognition. This includes legislative proposals on obtaining and gathering of evidence, disqualifications and financial penalties in criminal matters. The Commission also intends to propose new legislation on civil matters, such as relating to divorce, and revise the regulation concerning judgements in civil and commercial matters. For the principle of mutual recognition to function effectively, the Commission will take actions to strengthen mutual trust. To this end, actions to develop common minimum standards in both criminal and civil law will also be proposed. In addition, for citizens to better benefit from the European judicial area, the Commission will propose actions to facilitate access to justice, especially in terms of legislation relating to civil status documents, and to support economic activity, such as legislative proposals on the enforcement of judgements. At the same time, the Commission intends to increase the EU’s international presence in the field of civil and criminal law, mainly through the negotiation of agreements and conventions with non-EU countries.

Europe that protects

To better protect citizens and tackle cross-border crime, the action plan provides for the drafting of an internal security strategy. The Commission also aims to improve the existing security tools, in particular those relating to the management of information flows, as well as to propose the take up of technological security tools, such as a European register of convicted non-EU nationals. In addition, the action plan provides for improved policies to fight cross-border crime, mainly better cooperation in European law enforcement, including between the European Police Office, Eurojust and the European external borders agency (Frontex), as well as better crime prevention. In order to protect against serious and organised crime, the action plan also provides for specific measures to fight crime, including legislative proposals on:

  • trafficking in human beings;
  • sexual exploitation of children and child pornography;
  • cyber-crime and network information security;
  • economic crime and corruption;
  • drugs;
  • terrorism.

The Commission also intends to reinforce the EU’s capacity to prevent, prepare for and respond to disasters, both man-made and natural. To this end, the action plan provides for measures that complement and improve EU disaster management.

Access to Europe

The Commission will take actions to further develop the integrated approach to managing the EU’s external borders. These include legislative proposals to modify Frontex, the Schengen Borders Code and the European Border Surveillance System (Eurosur). The Commission will also propose the setting up of an Entry Exit System (EES) and a Registered Traveller Programme (RTP). Furthermore, the Commission will continue with visa liberalisation by negotiating Visa Facilitation Agreements with non-EU countries, as well as with the launch of the Visa Information System (VIS).

Europe of solidarity

The Commission intends to pursue a dynamic and comprehensive immigration policy, which will consist of actions that:

  • further develop the EU Global Approach to Migration to increase cooperation with non-EU countries;
  • support migration to fulfil the needs of the EU countries’ labour-markets;
  • promote the integration and the rights of migrants;
  • tackle illegal migration through readmission agreements and return policies;
  • take into account the situation of unaccompanied minors.

The Commission also aims to pursue a common asylum policy to establish a common area of protection for asylum seekers through the sharing of responsibility by EU countries. The action plan also provides for a strengthened external dimension through cooperation with the United Nations High Commissioner for Refugees and the development of the EU Resettlement Programme as well as of new regional protection programmes.

Europe in a globalised world

The action plan reiterates the interconnection between the internal and external dimension of justice, freedom and security policies. Consequently, it provides for actions that reinforce the external dimension, in particular for better cooperation and information sharing between EU countries. In addition, the Commission aims at taking into account the external dimension in its relations with non-EU countries, including in a variety of agreements and partnership arrangements. The action plan also provides for continued support for the Council of Europe conventions on trafficking in human beings, data protection, protection of children, cybercrime and corruption, as well as for the Hague Conference on Private International Law.

The way forward

In order to transform the political priorities established by the Stockholm Programme into concrete actions and results, the action plan provides measures for:

  • evaluating justice, freedom and security policies and mechanisms;
  • training legal and security professionals as well as judicial and law enforcement authorities;
  • public awareness-raising activities;
  • dialogue with civil society;
  • new financial programmes.