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Area of freedom, security and justice

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Area of freedom, security and justice

Outline of the Community (European Union) legislation about Area of freedom, security and justice

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Institutional affairs > Building europe through the treaties > The Lisbon Treaty: a comprehensive guide

Area of freedom, security and justice

The Treaty of Lisbon intends to reinforce the establishment of a European common area within which persons move freely and benefit from effective legal protection. The creation of such an area has implications for areas in which European citizens have high expectations, such as immigration and the fight against organised crime and terrorism. These issues have a significant cross-border dimension and therefore require effective cooperation at European level.

The Treaty of Lisbon divides the themes related to the area of freedom, security and justice into four fields:

  • policies related to border control, asylum and immigration;
  • judicial cooperation in civil matters;
  • judicial cooperation in criminal matters;
  • police cooperation.

Matters relating to criminal judicial cooperation and police cooperation were previously covered by the 3rd pillar of the European Union (EU), governed by intergovernmental cooperation. Under the framework of the 3rd pillar, European institutions did not have any competences and could therefore not adopt regulations or directives. The Treaty of Lisbon puts an end to this distinction and henceforth enables the EU to intervene in all matters related to the area of freedom, security and justice.

BORDER CONTROL, ASYLUM AND IMMIGRATION

The Treaty of Lisbon attributes new competences to the European institutions, which can henceforth adopt measures with a view to:

  • establishing common management of the EU’s external borders; in particular through the strengthening of the European Agency for the Management of Operational Cooperation at the External Borders, known as Frontex;
  • creating a common European asylum system; such a system will be based on a uniform European status and common procedures for the granting and withdrawing of asylum;
  • establishing rules, conditions and rights in relation to legal immigration.

JUDICIAL COOPERATION IN CIVIL MATTERS

The Treaty of Lisbon authorises the European institutions to adopt new measures concerning:

  • the implementation of the principle of mutual recognition: each judicial system must recognise decisions adopted by the judicial systems of the other Member States as valid and applicable;
  • effective access to justice;
  • the development of alternative methods of dispute settlement;
  • the training of the judiciary and judicial staff.

JUDICIAL COOPERATION IN CRIMINAL MATTERS

With the abolition of the 3rd pillar of the EU, the whole of criminal judicial cooperation becomes a field in which the European institutions may legislate.

Specifically, the European institutions may henceforth establish minimum rules concerning the definition and sanctioning of the most serious criminal offences. In addition, the EU may also intervene in the definition of common rules concerning the functioning of criminal procedure, for example with regard to the admissibility of evidence or the rights of individuals.

Furthermore, the Treaty of Lisbon intends to strengthen the role of Eurojust in the EU. Eurojust’s mission is to help coordinate investigations and prosecutions between the competent authorities of Member States. Currently, Eurojust only has the power to make proposals: it can request national authorities to initiate investigations or prosecutions. Henceforth, the Treaty of Lisbon offers the European institutions the option of extending the missions and powers of Eurojust with the ordinary legislative procedure.

Moreover, the Treaty of Lisbon considers the possible creation of an actual European Public Prosecutor’s Office from Eurojust. Such an office would have significant powers as it could investigate, prosecute and bring to judgment the perpetrators of crimes. In addition, the European Public Prosecutor’s Office would itself be capable of exercising the functions of prosecutor in the competent courts of Member States.

Nevertheless, the Treaty of Lisbon does not yet establish the European public prosecutor’s office, but merely authorises the Council, acting unanimously, to adopt a regulation in this regard. If the Council does not reach unanimity, then nine Member States, at the least, will have the option of establishing a European public prosecutor’s office between them under the framework of enhanced cooperation.

POLICE COOPERATION

As with criminal judicial cooperation, police cooperation benefits from the abolition of the 3rd pillar of the EU. Henceforth, the European institutions will be capable of adopting regulations and directives in this field.

The ordinary legislative procedure is thereby extended to all non-operational aspects of police cooperation. In contrast, operational cooperation will be determined through a special legislative procedure requiring Council unanimity. However, the Treaty of Lisbon also provides for the option of establishing enhanced cooperation if unanimity is not reached by the Council.

Furthermore, the Treaty of Lisbon provides for the gradual strengthening of the European Police Office (Europol). As with Eurojust, the Treaty of Lisbon henceforth authorises the Council and the Parliament to develop the missions and powers of Europol under the framework of the ordinary legislative procedure. Currently, the role of Europol is limited to facilitating cooperation between the authorities of Member States. The Treaty of Lisbon specifies that new tasks could also include the coordination, organisation and implementation of operational actions.

EXEMPTIONS

The United Kingdom, Ireland and Denmark benefit from special arrangements, which include all the measures adopted under the framework of the area of freedom, security and justice. These three countries have the option of deciding not to participate in the legislative procedures in this field. They will, therefore, not be bound by the adopted measures.

In addition, two types of derogating clause are applied to the United Kingdom, Ireland and Denmark:

  • an “opt-in” clause which enables each of them to participate, on a case by case basis, in the adoption procedure for a measure or the application of a measure already adopted. They will then be bound by this measure in the same way as other Member States;
  • an “opt-out” clause enabling them not to apply a measure at any time.

Mutual information mechanism for national asylum and immigration measures

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Mutual information mechanism for national asylum and immigration measures

Outline of the Community (European Union) legislation about Mutual information mechanism for national asylum and immigration measures

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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

Mutual information mechanism for national asylum and immigration measures

Document or Iniciative

Council Decision 2006/688/EC of 5 October 2006 on the establishment of a mutual information mechanism concerning Member States’ measures in the areas of asylum and immigration.

Summary

The mutual information mechanism (MIM) provides for exchanges of information between the Commission and European Union (EU) countries concerning national laws on asylum and immigration.

EU countries are required to transmit through a web-based network, and using the report form annexed to the decision, the measures they intend to take or have recently taken. Such information should be transmitted as soon as possible and at the latest when it becomes publicly available.

EU countries are required to communicate to the Commission and the other EU countries only measures that are likely to have a significant impact:

  • in other EU countries;
  • at the level of the EU as a whole.

The Commission is responsible for the development and management of the network. In setting up the network, it will make use of the existing technical platform of the trans-European telematic network for the exchange of information between EU country authorities (CIRCA). The network has a specific functionality that allows the Commission and EU countries to request from one or more countries additional information on measures communicated.

Any specific national measure notified in this way may give rise to an exchange of views between EU country experts and the Commission. In addition to these technical discussions, the Commission will prepare each year a report summarising the most relevant information transmitted by EU countries. The report will be submitted to the European Parliament and the Council for use as the basis of ministerial discussions on national asylum and immigration policies.

The Commission will evaluate the functioning of the mechanism two years after the entry into force of the decision and regularly thereafter.

Background

National measures in the areas of immigration and asylum are likely to have an impact on other EU countries. This is due to the absence of border checks in the Schengen area, the close economic and social relations between EU countries and the development of common visa, immigration and asylum policies.

The EU has been striving to draw up a common asylum and immigration policy since the entry into force of the Treaty of Amsterdam in 1999. Although a large number of common measures have already been taken in these areas at the EU level, the national authorities continue to play an important role, notably in the areas not yet covered by EU rules. They are constantly adopting new measures (e.g. important changes to asylum and immigration policies, setting quotas, large-scale regularisation measures or concluding readmission agreements) that may have implications for other EU countries or for the EU as a whole.

Therefore, this decision proposes the establishment of a formal information procedure between EU countries and the Commission, with the aim of improving the coordination of immigration and asylum policies between EU countries.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Decision 2006/688/EC

3.11.2006

–

OJ L 283 of 14.10.2006

Related Acts

Report from the Commission of 17 December 2009 pursuant to Article 4 and 5 of the Council Decision of 5 October 2006 on the establishment of a mutual information mechanism concerning Member States’ measures in the areas of asylum and immigration [COM(2009) 687 final – Not published in the Official Journal].
This report contains a summary of the most relevant information transmitted by EU countries and an evaluation on the functioning of the MIM during its first operational period.
From the beginning of the MIM becoming operational in April 2007 until 30 September 2009, only 16 EU countries had transmitted information via the MIM on only 45 measures:

  • 21 on adopted legislation;
  • 4 on draft legislation;
  • 9 on policy intentions and long-term programming;
  • 7 on administrative decisions affecting a large group of non-EU country nationals or having a general nature;
  • 4 on other measures.

No communications were made on final decisions of the highest courts or tribunals.
The format in which the communications were made was rarely homogenous. The reporting form annexed to the decision was not always used, which resulted in the ineffective reception of information in that the essence of the measures or their impact remained unidentifiable. In addition to this, at times only the English title and the text in the original language were provided, resulting in problems of comprehension. There were also differences in the contents of the reporting forms submitted: some were fairly comprehensive, while others only provided a cursory description without indication of the nature of the measure.
The MIM cannot be deemed as fulfilling its objectives since the quantity of information submitted was nominal. The rate of information exchanges varied somewhat, reaching an all-time low in 2009 with only 4 communications.
Yet, there is no evidence that the unsatisfactory application of the decision is caused by its provisions. In addition, since the MIM has only been operational for a short period, the Commission does not yet consider it relevant to propose amendments to the decision.

Policy plan on legal migration

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Policy plan on legal migration

Outline of the Community (European Union) legislation about Policy plan on legal migration

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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

Policy plan on legal migration

Document or Iniciative

Communication from the Commission on a policy plan on legal migration [COM (2005) 669 final – not published in the Official Journal].

Summary

This document proposes initiatives to develop common EU rules in the field of legal migration. The proposed measures are not exhaustive, and additional proposals may be presented in all four of the areas covered by the action plan.

Legislative measures on labour immigration

The Commission proposes the creation of a general framework directive. The directive is intended to guarantee a number of rights to all third-country nationals in legal employment. The rights would be extended to all workers admitted to a Member State but not yet entitled to long-term residence status (Directive 2003/109/EC).

The framework directive will also address the question of recognition of qualifications and introduce a single application for a joint work/residence permit, which would involve biometric identifiers. The validity of such a document would be strictly tied to the existence of a legal work contract.

The Commission also proposes four specific directives. These would concern only salaried workers and would cover entry and residence conditions for:

  • highly skilled workers;
  • seasonal workers;
  • intra-corporate transferees (ICTs);
  • remunerated trainees.

The directives will establish a rule that admission should be conditional on the existence of a work contract and on the “economic needs test”, although exceptions may be granted for certain sectors or regions.

The Commission suggests a common special procedure to speed the admission of immigrants covered by the proposed highly skilled workers directive. If necessary, the proposal could also include intra-EU mobility, or introduce an EU work permit (EU green card) issued by one Member State but valid throughout the EU.

The proposed directive on the conditions of entry and residence of seasonal workers puts forward a scheme for a joint permit that allows the holder to work for several months each year over four to five years, provided that the entry and residence requirements are respected (including the maximum length of stay per year).

The scheme put forward by the proposed directive on the entry and residence of ICTs notably sets out common procedures in relation to temporary residence in the EU for ICTs. The Commission suggests that the measure should specifically address the intra-EU mobility of ICTs.

The proposed directive on the admission of remunerated trainees is intended to allow them to acquire qualifications and knowledge through a period of training in Europe. The aim is to provide safeguards so that abuses can be avoided.

Knowledge building and information

The Commission will develop tools to substantially improve access to and exchange of information.

By 2007, the Commission intends to create an EU portal to present:

  • EU policies and the acquis;
  • news in this area;
  • links to the national websites, the EURES network, and the future EU integration website;
  • research results.

Other Commission activities will include:

  • specific information campaigns about the EU immigration policies;
  • studies;
  • targeted EU activities such as identifying issues related to third-country immigrants to be addressed during the European Year of Workers’ Mobility (2006) and the European Year of Equal Opportunities for All (2007).

The Commission also intends to develop services through the European Job Mobility Portal (EURES).

It has also begun a reform of the European Migration Network (EMN) to improve the availability of information about migration and asylum.

Integrating migrants

Given the cross-cutting nature of integration, the Commission intends to ensure that the specific priorities of integration policy (proposed by the Commission and agreed by the Member States) are coherently reflected across a range of policies.

It suggests, in particular, providing integration programmes for newly arrived legal immigrants (including information packs, language courses and civic orientation), and education, training and cultural initiatives. To fund such projects, and others, the Commission proposed the creation of a European fund for the integration of third-country nationals under the financial perspectives 2007-2013.

Cooperation with countries of origin

The Commission proposes to monitor the migration of skilled workers from developing countries to the EU, to identify sectors and countries of origin subject to significant brain drains, and to propose solutions that meet the needs of Member States and the countries concerned.

It suggests improving information in countries of origin about the possibilities for legal immigration to the EU.

The Commission proposes supporting circular migration through feasibility studies covering:

  • long-term multi-entry visas for returning migrants;
  • the possibility of former immigrants being given priority and obtaining a new residence permit for further temporary employment in the former host country under a simplified procedure. In this respect, it also recommends considering the case for setting up an EU database of third country nationals who left the EU when their temporary residence/work permit expired.

The Commission will also explore the advisability and the technical feasibility of funding training structures under the responsibility of the local authorities and/or of NGOs in countries of origin, to help immigrants develop their skills and better adapt to the needs of the EU job market.

Background

The Hague Programme underlined the importance of the question of economic immigration, and invited the Commission to “present a policy plan on legal migration including admission procedures capable of responding promptly to fluctuating demands for migrant labour in the labour market before the end of 2005.” This document constitutes the Commission’s response to that request. More detailed measures will be proposed over the coming four years.

 

Community statistics on asylum and migration

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Community statistics on asylum and migration

Outline of the Community (European Union) legislation about Community statistics on asylum and migration

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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

Community statistics on asylum and migration

Document or Iniciative

Regulation (EC) No 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection and repealing Council Regulation (EEC) No 311/76 on the compilation of statistics on foreign workers.

Summary

This regulation establishes common rules for the collection of Community statistics on migration by European Union (EU) countries. It concerns statistics relating to immigration * to and emigration * from an EU country, citizenship and country of birth of persons resident in the territories of EU countries, and administrative and judicial procedures relating to migration.

Statistics on migration, international protection, illegal immigration and returns

EU countries are required to provide Eurostat with statistics on the numbers of:

  • immigrants moving to their territories;
  • emigrants moving from their territories;
  • persons usually resident in their territories;
  • residence permits issued, including long-term residence permits;
  • natural persons having acquired national citizenship.

EU countries are also required to give the numbers of:

  • persons applying for international protection;
  • persons covered by applications under consideration by the national authorities;
  • applications rejected;
  • applications granting refugee, subsidiary protection and temporary protection statuses;
  • unaccompanied minors;
  • applications and transfers covered by the Dublin II Regulation;
  • persons selected for resettlement *.

In addition, EU countries must provide Eurostat with statistics on the numbers of non-EU country nationals who have been refused entry at their external borders and who have been found illegally present in their territories.

Furthermore, EU countries must provide statistics on the number of administrative or judicial decisions imposing an obligation to leave their territories, as well as on the number of non-EU country nationals who are returned to their countries of origin, countries of transit or other non-EU countries.

Provisions common to the different categories

The statistics are based on:

  • records of administrative and judicial actions;
  • registers relating to administrative actions and population registers;
  • censuses;
  • sample surveys.

As a rule, the statistics are disaggregated by age, sex and nationality. The Commission may adopt other disaggregations, such as the year in which the residence permit was granted for the first time (statistics on residence permits) or reason for refusal or arrest (statistics on illegal entry and immigration).

The Commission is assisted by the Statistical Programming Committee. It will submit a report to the European Parliament and to the Council on the implementation of the regulation by 20 August 2012 at the latest (and then every three years).

Background

This regulation is in response to the conclusions of the Thessaloniki European Council of June 2003, which asked for more effective mechanisms for collecting and analysing information on migration and asylum in the EU. The Commission had previously published an action plan laying down the objectives for developing statistics in this field.

Key terms used in the act
  • Immigration: the action by which a person establishes his or her residence in the territory of another EU or non-EU country for a period of at least twelve months;
  • Emigration: the action by which a person, having previously been resident in the territory of an EU country, changes his or her country of residence for a period of at least twelve months;
  • Resettlement: the transfer of non-EU country nationals to an EU country where they are permitted to reside for the purposes of international protection.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 862/2007

20.8.2007

–

OJ L 199 of 31.7.2007

Related Acts

Commission Regulation (EU) No 351/2010 of 23 April 2010 implementing Regulation (EC) No 862/2007 of the European Parliament and of the Council on Community statistics on migration and international protection as regards the definitions of the categories of the groups of country of birth, groups of country of previous usual residence, groups of country of next usual residence and groups of citizenship [Official Journal L 104 of 24.4.2010].
To ensure the comparability of statistics from EU countries and to allow the drawing up of reliable EU-wide overviews from these statistics, it is essential that all EU countries define certain categories of groups in the same manner. Consequently, this regulation establishes the categories of groups of:

  • country of birth;
  • country of previous usual residence;
  • next usual residence;
  • citizenship.

EU countries must transmit data to the Commission according to these groups, as listed in the annex to this regulation. The groups of countries and citizenship are divided into basic groups and additional groups of other non-EU countries and citizenship disaggregated by levels of development. The Commission provides lists of countries and citizenships for each basic and additional group.

Commission Regulation (EU) No 216/2010 of 15 March 2010 implementing Regulation (EC) No 862/2007 of the European Parliament and of the Council on Community statistics on migration and international protection, as regards the definitions of categories of the reasons for the residence permits [Official Journal L 66 of 16.3.2010].
To harmonise the collection of statistics by EU countries, this regulation defines in its annex the categories of reasons for issuing residence permits to non-EU country nationals. The list includes categories of reasons relating to:

  • family formation and reunification;
  • education and study;
  • remunerated activities.

Immigration liaison officers' network

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Immigration liaison officers’ network

Outline of the Community (European Union) legislation about Immigration liaison officers’ network

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

Immigration liaison officers’ network

Document or Iniciative

Council Regulation (EC) No 377/2004 of 19 February 2004 on the creation of an immigration liaison officers network [See amending act(s)].

Summary

Each Member State posts an immigration liaison officer (ILO) * to its consular authorities in a non-Member State. The ILO maintains direct contacts with the authorities in the host country in order to improve exchanges of information concerning:

  • flows of illegal immigrants originating from or transiting through the host country;
  • the routes followed by those flows of immigrants;
  • their modus operandi;
  • the existence of criminal organisations involved in the smuggling of immigrants;
  • the incidents that may be the cause for new developments with respect to these flows of immigrants;
  • the methods used for falsifying identity documents and travel documents;
  • how best to assist the authorities in host countries in preventing these immigration flows;
  • how best to facilitate the return of illegal immigrants to their countries of origin.

Member States inform one another, the Council and the Commission of their secondments of immigration liaison officers. This information is published on the secure web-based network for the coordination and exchange of information on irregular migration (ICONet).

ILO posted to the same country form a local network in which they:

  • exchange information and practical experience, specifically through regular meetings and via ICONet;
  • coordinate positions to be adopted in contacts with commercial carriers;
  • attend joint specialised training courses and organise training sessions for consular officers of Member States posted in the host country;
  • adopt common approaches as to methods of gathering information;
  • establish contact with similar networks established in the host country and neighbouring countries.

Meetings are held either at the initiative of the Member State holding the Council presidency or at the initiative of other Member States. Representatives of the European Commission and the Frontex agency participate in them, unless operational considerations require meetings to be held in their absence.

Member States may bilaterally or multilaterally agree that ILOs posted by a European Union (EU) country also look after the interests of one or more other Member States. They may also decide to share certain tasks among themselves.

At the end of each semester the Member State holding the Presidency of the Council of the EU draws up a report for the European Parliament, the Council and the Commission on the activities of the ILOs in the countries and regions of particular interest to the EU with regard to immigration. This report is drawn up in accordance with a model provided in Commission Decision 2005/687/EC. On the basis of this report, the Commission then drafts an annual summary of the development of the ILO networks.

Context

This Regulation follows on from the plan for the management of the external borders of the Member States of the EU, which envisages the setting up of networks of immigration liaison officers posted in non-Member States.

Following the Thessaloniki European Council in June 2003 and drawing on experience gained in project management, such as the Belgian-led Western Balkans ILO network, the existence of the network was formally recognised through a legally binding act.

Key terms used in the act
  • Immigration liaison officer: a representative of a Member State posted abroad by the immigration service in order to establish and maintain contacts with the authorities of the host country with a view to contributing to the prevention of illegal immigration and combating this phenomenon.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EC) No 377/2004

5.10.2004

_

OJ L 316, 15.12.2000
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EC) No 493/2011

16.6.2011

_

OJ L 141, 27.5.2011

Related Act

Council Decision 2005/267/EC of 16 March 2005 establishing a secure web-based Information and Coordination Network for Member States’ Migration Management Services [Official Journal L 83 of 1.4.2055].

The ICONet network enables Member States to exchange information quickly on illegal migration flows, irregular entry and immigration and the return of illegal residents. The aim is to combat irregular immigration and human trafficking more effectively.

Policy priorities in the fight against illegal immigration

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Policy priorities in the fight against illegal immigration

Outline of the Community (European Union) legislation about Policy priorities in the fight against illegal immigration

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

Policy priorities in the fight against illegal immigration

Proposal

Communication from the Commission of 19 July 2006 on policy priorities in the fight against illegal immigration of third-country nationals [COM(2006) 402 final – Not published in the Official Journal].

Summary

Cooperation with third countries

Enhancing dialogue and cooperation on migration with non-EU countries, particularly those of sub-Saharan Africa and the Mediterranean countries falling within the scope of the EU’s neighbourhood policy (in line with the conclusions of the European Council of 15 and 16 December 2005).

The EU will continue to address the push-factors for illegal immigration, such as poverty, conflict and environmental degradation.

Migration aspects will continue to be integrated into the EU’s strategies for assisting developing countries, in close partnership with the countries concerned. Where appropriate and by mutual agreement, the EU will help partners in the developing world to enhance their capacity to better manage migration flows and fight against human trafficking.

The EU immigration portal will offer information on both legal migration opportunities and the dangers and consequences of illegal immigration into the EU. In addition, the feasibility of information campaigns will be considered, as will the possibility of establishing information points, for instance in selected African countries.

Secure Borders – Integrated Management of External Borders – Secure travel and identity documents

A common understanding of integrated border management should be developed to cover the full spectrum of border management activities at EU level. This approach would include the identification of best practices for an integrated border management model.

To support this, the Commission will also carry out an evaluation of FRONTEX in 2007 which will comprise a review of its current tasks including an assessment of whether its remit should be extended. Furthermore a supervisory mechanism, including unannounced inspections, to supplement current Schengen evaluation arrangements is being considered.

An integrated technological approach – e-borders – should be included in the fight against illegal immigration. The system requiring certain carriers to communicate data contained in their passengers’ passports to the authorities which carry out checks on persons at the external border should be extended to other carriers and further enhanced, with a view to developing threat analyses and risk assessments.

The Commission is also considering creating a generalised and automated entry-exit system, complementing existing databases, to facilitate checks on the status of third country nationals entering and exiting EU territory. Given the impact, financial implications, and technological complexity of such a system, the Commission will carry out a comprehensive study, to be initiated in 2006.

Common guidelines should be developed on minimum security standards, in particular with respect to issue procedures for travel and identity documents.

Fight against human trafficking

The Commission’s current priorities for implementation of the Council action plan on trafficking in human beings and the Commission Policy Plan on legal immigration are:

  • developing coordination and cooperation mechanisms;
  • promoting best practices in identifying and supporting victims;
  • developing guidelines for data collection;
  • networking and involving international and non-governmental organisations.

Through its development policy the Commission will have to continue funding measures addressing the factors that make some people vulnerable to trafficking, such as poverty, discrimination and lack of access to basic and higher education.

In order to address the lack of evidence and information, a study will be launched in 2007 on current practices and the effects and impact of regularisation measures in Member States. This study will constitute the basis for future discussion, including on whether there is a need for a common legal framework on regularisation at EU level.

Combating illegal employment

The Commission recommends that Member States adopt and implement measures requiring employers to verify the immigration status of third country nationals before offering employment. Member States should also apply effective sanctions for breaches of legislation in particular on health and safety at the workplace.

In 2006 the Commission will be launching an evaluation of the impact of measures taken against facilitators. It will start discussions with Member States and relevant stakeholders, in particular employers’ organisations and trade unions, on employers’ liability where enterprises employ non-EU nationals who are illegally present in the Member State. At the end of this process, it will evaluate whether additional measures are needed at EU level to harmonise sanctions against such enterprises.

In cooperation with NGOs, information should be collected directly from undeclared workers about the employment of non-EU nationals whose presence is illegal and the measures taken by Member States to reduce such employment.

On the subject of future legislation on the legal entry of economic migrants, the proposal for a general framework Directive to guarantee a common framework of rights for all third-country nationals in legal employment, planned for 2007, is to include measures to reduce the risk of abuses, e.g. biometric identifiers in travel and residence documents to reliably establish the link between the document and its holder.

Employers could also be made financially responsible.

Return policy

Ongoing negotiations on readmission agreements should be completed and new negotiating mandates adopted, starting with the Western Balkan countries. The Commission will consider further proposals encouraging Member States to facilitate short-term transit by land or sea. FRONTEX is to undertake work on identifying best practice on the acquisition of travel documents and the return of third country nationals. Common standards for the training of officers responsible for return should also be established.

Improving exchange of information through existing instruments

Cooperation among immigration liaison officers (ILOs) should be facilitated and intensified to make better use of this information. ILO networks should be established as a priority in the African countries concerned and the Western Balkans. ICONet could function as an early warning system, in the coordination of return operations, and as a platform for information exchange for ILOs.

Operational cooperation and communication between Member States and Europol should be improved and reinforced. It should include exchange and joint analysis of intelligence data.

Carriers’ liability

There should be an evaluation of measures taken in connection with the requirements imposed on carriers under:

  • the Carriers Liability Directive 2001/51/EC and
  • Council Directive 2004/82/EC on the obligation of carriers to communicate passenger data.

The forum set up in 2001 and composed of representatives of the Member States, the transport industry and humanitarian organisations, should explore possibilities of cooperation between migration authorities and carriers, and identify best practice in 2007.

Background

The Hague Programme sets the agenda for stepping up the fight against all forms of illegal immigration in a number of policy areas: border security, illegal employment, return and cooperation with third countries.

Five years after the first communication on illegal immigration and six months after presenting the Policy Plan on Legal Migration, the Commission decided to focus on this crucial subject again by setting updated policy priorities and proposing specific measures in this Communication.

Addressing illegal immigration is an integral part of the EU’s comprehensive and structural approach to effective migration management and complements recent policy initiatives in this area, such as the Policy Plan on Legal Migration, the Communication on Migration and Development, and the Communication proposing a Common Agenda for Integration.

Towards a comprehensive European migration policy

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Towards a comprehensive European migration policy

Outline of the Community (European Union) legislation about Towards a comprehensive European migration policy

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

Towards a comprehensive European migration policy

Document or Iniciative

Communication from the Commission to the Council and the European Parliament – The global approach to migration one year on: towards a comprehensive European migration policy [COM(2006) 735 final – Not published in the Official Journal].

Summary

2006 was a year of agenda-setting with Africa. A ministerial conference on migration and development was held in Rabat last July, bringing together some 60 countries along West and Central African migration routes. A conference was also held in Libya in November to formulate for the first time a joint approach to migration between the EU and the whole of Africa.

In addition to these conferences, the issue of migration is also being addressed as part of:

  • European Neighbourhood Policy (ENP)
  • the Euromed Forum;
  • the high-level meetings with the African Union and the regional organisations.

At the end of 2006, FRONTEX launched and coordinated several joint maritime operations in the Atlantic and Mediterranean regions, completed risk analyses on Africa and presented feasibility studies on establishing a Mediterranean coastal patrols network and a surveillance system covering the whole southern maritime border of the EU and the Mediterranean Sea. Regional networks of immigration liaison officers (ILOs) are being set up along key migration routes through Africa. The Commission has issued a proposal for the establishment of rapid border intervention teams and has carried out an analysis of international maritime law.

Reinforcing coherence: a comprehensive European migration policy

With regard to intensifying dialogue and cooperation with the African countries of origin and transit, the Commission states that on the basis of the work carried out on migratory routes, the EU will foster more specific cooperation with various regions in Africa. Cooperation platforms will bring together African countries, EU Member States and international organisations in an effort to manage migration more effectively in the interests of all. This common framework could then lead to the formulation of regional agreements with interested African countries.

In addition, in the context of the European Neighbourhood Policy (ENP) and EUROMED, a ministerial conference on migration will be convened in the second half of 2007.

The Commission states that “Article 13 missions”, in which key African countries such as Cameroon, Ethiopia, Ghana and Nigeria will take part, will be set up in 2007. These missions, three of which took place in 2006, are undertaken by the Commission on the basis of Article 13 of the Cotonou Agreement with the participation of the Presidency embassies in the countries concerned and interested Member States. A joint EU-ECOWAS (Economic Community of West African States) working group on migration is also to meet for the first time in 2007.

With regard to the migration and development agenda, the Commission will reserve an amount of 40 million for the first phase of this initiative (9th EDF resources), to be complemented by Member States’ contributions. The geographical scope of the initiative, aimed at seriously addressing the lack of decent jobs in Africa, will be sub-Saharan Africa, but actions may focus on specific countries or regions and – in its first phase – notably on West Africa. Member States will be invited to join the Commission in the programming of these actions.

The EU must continue to help the African states to reinforce their capacity to manage migration and asylum. Important initiatives are being taken in ENP countries, in particular with regard to border management and institutional support in order to improve the reception of migrants as well as the protection of their rights. Furthermore, the Commission has proposed creating migration profiles for each interested country. These profiles should be established for all relevant partner countries in the medium term. The Commission has also suggested establishing migration support teams (MISTs) composed of experts from EU Member States which could provide the necessary assistance to African states who so request.

The Commission intends to:

  • support initiatives stimulating the establishment of a pan-African network of migration ‘observatories’ and/or migration research institutes;
  • propose the implementation of twinning measures using EC funding to assist African countries in developing their migration and asylum policies;
  • suggest designating a contact person for migration issues in each of its delegations (and in Member State missions) in African countries.

As regards legal immigration, the Commission suggests:

  • setting up specific migration centres in partner countries, supported by EC funding, in order to facilitate management of seasonal workers, exchanges of students and researchers and other forms of legal movement of people;
  • supporting activities such as reinforcing the third-country administrative services responsible for managing labour migration, reinforcing the capacity of the national employment services in third countries and developing intermediation establishments as well as the implementation of pre-immigration plans in countries of origin;
  • once certain conditions have been met, such as cooperation on illegal migration and the establishment of agreements for readmission, setting up mobility packages which would enable their citizens to have better access to the EU.

The Commission also suggests similar initiatives to address potential skills shortages and brain drain in certain sectors, as well as measures to prevent the adverse effects on the countries of origin of excessive emigration of skilled workers.

With regard to integration and intercultural dialogue, the Commission will establish instruments enabling more involvement by the interested parties, including the migrants themselves, thereby encouraging an effective integration strategy. This will require in particular:

  • establishing an integration platform where relevant partners can exchange views on a regular basis;
  • consolidating the role played by local authorities building on the success of the Rotterdam conference of 9-10 October;
  • creating an integration website and new editions of the integration handbook and the annual report on migration and integration.

In 2007 the high-level advisory group on the social integration of ethnic minorities is to present practical recommendations for further developing the existing polices. The Commission also recommends adopting other measures to ensure that migrants receive civic education based on fundamental European values and learn the language of their host country. In addition, the EU must continue to support projects in the field of intercultural education, education of immigrants and inclusion of disadvantaged youth via relevant programmes.

With regard to the fight against illegal migration and trafficking in human beings:

  • new legislation on penalties against employers of undeclared labour will be proposed in spring 2007;
  • EUROPOL will help to fight illegal immigration and people trafficking;
  • FRONTEX, within the framework of European external relations policy, should establish technical working arrangements for joint operations with relevant third countries;
  • ILO networks will be reinforced, with the aim of having at least one liaison officer in each key African country of origin and transit;

Member States must be supported in designing and implementing voluntary return programmes and enforced return plans, including joint flights for removal; in this context, the Commission considers that it is equally important that the proposed Directive establishing common standards for Member States’ return procedures is adopted as soon as possible;

Negotiations on a re-admission agreement between the European Community and third countries should continue.

With regard to asylum and the protection of refugees, the Commission suggests implementing regional protection programmes, as well as activities in other areas giving support to asylum-seekers and persons in need of international protection, such as Mauritania and southern Africa. Funds will also be made available to finance a UNHCR-run project for protection activities in all the southern and eastern Mediterranean countries – Morocco, Algeria, Tunisia, Libya, Jordan, Syria and Lebanon.

Financial support for the comprehensive European migration policy

The Commission confirms its intention of intensifying its financial assistance in areas concerning or related to migration in respect of its relations with third countries, including by an allocation of up to 3% of the European Neighbourhood Policy Instrument (ENPI).

Access to these 10th EDF incentive resources will depend on the outcome of a dialogue between the Commission and the partner country on the past performance and future commitments in the area of governance, including on migration.

The new thematic programme on migration and asylum has been elaborated on the basis of experience gained with the Aeneas programme and builds on lessons learned.

With regard to solidarity between Member States, the bulk of the 4.02 billion package allocated by the budgetary authority for the period 2007-2013 to the framework programme “Solidarity and Management of Migration Flows” will go directly to the Member States under shared management arrangements.

The Commission recommends that Member States take a committed strategic long-term approach to the use of these resources. While the main purpose of the framework programme is to reinforce the implementation of the internal dimension of the Community policies, many of the actions are likely to favour the achievement of the objectives set out in this Communication.

The Commission is also committed to exploring all possibilities of creating a leverage effect through these Funds by making financial agreements with other stakeholders, such as the European Investment Bank.

Background

In December 2005, the European Council adopted a global approach to migration. This global approach, which focuses on action priorities in Africa and the Mediterranean, formulates coherent migration policies and action, addressing a wide range of migration issues and bringing together the various relevant policy areas: external relations, development, employment, and justice, freedom and security.

This Communication has two aims: firstly, it responds to the European Council’s invitation to the Commission to report back on progress made in implementing the first phase of the global approach and the priority actions focusing on Africa and the Mediterranean by the end of 2006. Secondly, it proposes ways to make the European Union’s approach truly comprehensive.

While this Communication focuses on Africa and the Mediterranean region, the Commission believes that consideration should be given to applying the approach to other regions, in particular those on the eastern and south-eastern external borders of the EU.

 

Joint EU resettlement programme

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Joint EU resettlement programme

Outline of the Community (European Union) legislation about Joint EU resettlement 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

Joint EU resettlement programme

Document or Iniciative

Communication from the Commission to the European Parliament and the Council of 2 September 2009 on the establishment of a joint EU resettlement programme [COM(2009) 447 final – Not published in the Official Journal].

Summary

The communication concerns the resettlement of refugees from outside the European Union (EU) to one of the Member States. Resettlement is one of the durable solutions offered to refugees, whose needs for protection have already been established. The United Nations Refugee Agency (UNHCR) usually acts as an intermediary in the resettlement process. The communication also addresses solidarity in migration management and EU protection to refugees worldwide.

Currently several Member States participate in resettlement on an annual or on an ad hoc basis. The European Refugee Fund (ERF) provides significant financial support to resettlement-related activities.

Nevertheless, the number of refugees resettled in the EU remains rather low and most Member States lack resettlement programmes. Furthermore, the Member States that are resettlement countries mostly set their priorities at the national level, instead of coordinating resettlement and the related external policy instruments at the EU level. In addition, the current ERF is not adaptable enough to respond to new and changing needs concerning resettlement. Consequently, joint EU action should aim at:

  • involving more Member States and enhancing their cooperation;
  • providing refugees a secure access to protection;
  • expressing solidarity towards third countries;
  • making better use of resettlement at the EU level;
  • integrating resettlement into EU external policies;
  • providing a financial incentive for Member States to resettle based on jointly defined key priorities.

A joint EU resettlement programme should be established to fully integrate resettlement in the external dimension of the EU’s asylum policy and improve its strategic use. The Communication provides the following guiding principles:

  • participation in resettlement should be voluntary for Member States;
  • EU resettlement activities should be extended;
  • the programme should be incremental and adaptable to changing circumstances;
  • all stakeholders should be able to participate (international and local NGOs, local authorities, etc.).

The main components of the programme will be the setting of common annual priorities on the basis of a consultative process and financial assistance by the ERF to Member States that “pledge” to resettle refugees according to these priorities. This will allow the financial assistance to be used more effectively. The existing resettlement expert group that meets on an ad hoc basis will be transformed into a permanent body in which all Member States and stakeholders will participate. It will carry out preparatory work for identifying the common annual priorities for the EU, exchange information on Member States’ quantitative targets and assess the specific resettlement needs. The UNHCR will be closely involved in the preparatory work by providing an assessment of worldwide resettlement needs. The common annual priorities will subsequently be established by a Commission decision using the comitology procedure. They will focus on specific geographic regions, nationalities or categories of refugees, and provide for more flexibility to respond to new or urgent needs. Consequently, financial assistance under the ERF will be available to Member States resettling refugees on the basis of the common priorities.

The programme will provide for enhanced practical cooperation and improve the effectiveness of EU external asylum policies. The European Asylum Support Office (EASO), which will be established in 2010 to strengthen Member State practical cooperation on asylum, will play an active role in coordinating resettlement activities. The Commission will also continue to support practical cooperation projects relating to resettlement through the ERF. As part of the programme, cooperation with the UNHCR will also be intensified to identify common priorities, maximise the strategic use of resettlement, and develop and carry out practical cooperation activities. Resettlement should form an integral part of EU external asylum policies and be well coordinated with external policies as a whole. In particular, it should be consistent with the EU Global Approach to Migration. The aim is also to integrate resettlement into the future Regional Protection Programmes (RPPs).

With the support of the EASO, the Commission will annually report on resettlement progress in the EU. In addition, a mid-term evaluation will be carried out in 2012 with all relevant stakeholders. In 2014, the joint programme will be evaluated with a view to developing it further.

Background

Resettlement has been identified as an integral element in the establishment of the Common European Asylum System (CEAS), as reiterated in the European pact on immigration and asylum. In its policy plan on asylum, the Commission called for the further development of resettlement as an instrument to protect refugees.

European Pact on Immigration and Asylum

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European Pact on Immigration and Asylum

Outline of the Community (European Union) legislation about European Pact on Immigration and Asylum

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

European Pact on Immigration and Asylum

Document or Iniciative

European Pact on Immigration and Asylumof 24 September 2008 [Not published in the Official Journal].

Summary

International migration can contribute to the economic growth of the European Union (EU) as a whole, as well as provide resources for migrants and their home countries, and thus contribute to their development. It can be an opportunity, because it is a factor of human and economic exchange and enables people to achieve what they aspire to. However, there is a need to manage migration in a manner that takes account of Europe’s reception capacity in terms of its labour market, housing and health, education and social services, while protecting migrants against possible exploitation by criminal networks.

For over twenty years, EU countries have been working on harmonising their immigration and asylum policies. Significant progress has already been made on several issues, in particular under the Tampere and Hague Programmes. Nevertheless, further efforts are needed to create a truly common immigration and asylum policy that takes into consideration the collective interest of the EU, as well as the individual needs of EU countries. Consequently, the European Council translated the following commitments into the Stockholm Programme.

Organising legal immigration

Legal immigration should be organised in a manner that takes account of the priorities, needs and reception capacities of EU countries and encourages the integration of migrants. Broadly, this requires the EU to:

  • implement policies for labour migration that take account of the needs of the labour market of each country;
  • increase the attractiveness of the EU for highly skilled workers and take new measures to further facilitate the reception and mobility of students and researchers;
  • ensure that these policies do not aggravate brain drain by encouraging circular migration;
  • regulate family migration more effectively;
  • further strengthen the exchange of mutual information on migration;
  • improve information on the possibilities and conditions of legal migration;
  • establish ambitious policies to promote the harmonious integration of migrants;
  • promote the exchange of best practices in reception and integration and on EU measures to support national integration policies.

Controlling irregular immigration

To ensure that migrants without a legal authorisation to reside in an EU country return to their country of origin or transit, the EU should:

  • use regularisation on a case-by-case basis only;
  • conclude EU level or bilateral readmission agreements with relevant non-EU countries and evaluate the effectiveness of EU readmission agreements;
  • ensure that the risks of irregular migration are prevented within the policy frameworks on entry, residence, freedom of movement, etc.;
  • develop cooperation between EU countries on the removal of migrants without legal authorisation to reside in an EU country;
  • step up cooperation with countries of origin and transit as part of the Global Approach to Migration in order to control irregular immigration and to provide better information to communities under threat;
  • invite EU countries to devise incentive systems for assisted voluntary return;
  • take rigorous action through dissuasive and proportionate penalties against those exploiting immigrants without legal authorisation to reside in an EU country;
  • put into full effect the applicability within the Union of an expulsion decision taken by any EU country.

Improving border controls

To ensure the effective control of the Union’s external border, the EU as a whole should:

  • mobilise all available resources to more effectively control all external borders;
  • generalise the issuing of biometric visas from 1 January 2012 and strengthen EU countries’ consular cooperation in view of establishing joint consular services for visas;
  • provide the necessary resources to Frontex to fulfil its tasks;
  • in a spirit of solidarity, give full consideration to those EU countries receiving disproportionate influxes of immigrants;
  • use modern technological means to enable the effective integrated management of the EU’s external border;
  • strengthen cooperation with countries of origin and transit in the context of external border control and combating irregular immigration, including through increased support for the training and equipping of their migration authorities;
  • further develop the Schengen evaluation process.

Creating a Europe of asylum

Even though EU countries have progressed on the application of the common minimum standards for asylum, certain disparities continue to exist. Consequently, further work is needed in order to fully achieve a common European asylum system. Broadly, this requires the EU to:

  • set-up a European Asylum Support Office;
  • present proposals for a single asylum procedure and a uniform status for refugees and beneficiaries of subsidiary protection;
  • establish procedures for crisis situations to assist any EU country facing a massive influx of asylum seekers and to promote reallocation of beneficiaries of international protection to assist EU countries facing disproportionate pressures on their asylum systems due to their geographical or demographic situation;
  • strengthen collaboration with the United Nations High Commissioner for Refugees to better protect asylum seekers outside the EU;
  • train external border control personnel on the rights and obligations relating to international protection.

Collaborating with countries of origin and transit

A comprehensive partnership must be created with non-EU countries of origin and transit in order to encourage synergy between migration and development. To this end, the EU should:

  • conclude EU level or bilateral agreements with countries of origin and transit that include items relating to legal and irregular migration, readmission and the development of these countries;
  • encourage EU countries to provide nationals of east and south European partner countries with opportunities for legal migration, particularly in the form of temporary/circular migration so as to avoid brain drain;
  • pursue policies with countries of origin and transit in order to deter or prevent irregular immigration, in particular through capacity building;
  • integrate migration and development policies more effectively;
  • promote co-development actions, such as the adoption of specific financial instruments for transferring remittances securely and more cheaply;
  • firmly implement actions agreed with partner regions, including Africa, east and south-east Europe, Latin America, the Caribbean and Asia;
  • speed up the deployment of the key tools of the Global Approach to Migration;
  • ensure that all these related actions are implemented consistently with the EU’s development cooperation and other relevant policies.

Related Acts

Report from the Commission to the European Parliament and the Council of 6 May 2010 – First Annual Report on Immigration and Asylum (2009) [COM(2010) 214 final – Not published in the Official Journal].

Commission staff working paper of 6 May 2010 – First Annual Report on Immigration and Asylum (2009) accompanying the Report from the Commission to the European Parliament and the Council – First Annual Report on Immigration and Asylum (2009) [SEC(2010) 535 final – Not published in the Official Journal].

Communication from the Commission to the Council and the European Parliament of 10 June 2009 – Tracking method for monitoring the implementation of the European Pact on Immigration and Asylum [COM(2009) 266 final – Not published in the Official Journal].

Agreement with Pakistan on readmission

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Agreement with Pakistan on readmission

Outline of the Community (European Union) legislation about Agreement with Pakistan on readmission

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

Agreement with Pakistan on readmission

Document or Iniciative

Council Decision 2010/649/EU of 7 October 2010 on the conclusion of the Agreement between the European Community and the Islamic Republic of Pakistan on the readmission of persons residing without authorisation.

Agreement between the European Community and the Islamic Republic of Pakistan on the readmission of persons residing without authorisation.

Summary

The Agreement concluded between the European Union (EU) and Pakistan lays down the principle of systematic return of Pakistani nationals residing without authorisation in a Member State and vice versa. It also organises, under certain conditions, the return of third country nationals and stateless persons.

Denmark and Ireland are not parties to the Agreement.

Readmission obligations

Pakistan and EU Member States mutually agree to readmit their nationals where they do not fulfil, or no longer fulfil the conditions in force for entry into, presence in, or residence on the territory of the other party.

The Agreement lists the documents that may be used as means of evidence of a person’s nationality. If none of the documents listed can be furnished, the competent authority of the Member State wishing to expel the person concerned and Pakistan’s diplomatic or consular representation will interview the person in order to establish their nationality.

Pakistan also undertakes to readmit third country nationals and stateless persons, on condition that such persons:

  • hold, at the time of submission of the application, a valid visa or residence authorisation issued by Pakistan; or
  • entered the territory of a Member State unlawfully coming directly from Pakistan.

This obligation does not apply in the following situations:

  • the person concerned has only been in airside transit via an international airport in Pakistan (remaining in the airport transit area);
  • the Member State has issued the person concerned with a visa or residence authorisation with a longer period of validity than the document obtained by the person in Pakistan.

The Agreement operates on the basis of total reciprocity and the same provisions apply to European nationals residing without authorisation in Pakistan, and to nationals of other countries who have transited via the EU before entering Pakistan unlawfully.

Readmission procedure

A readmission application must be submitted to Pakistan. This formality is not needed if the person is in possession of a valid passport and, where applicable, a valid visa or residence authorisation issued by Pakistan.

For stateless persons and third country nationals, the application must be submitted at the latest one year after the competent authority of the Member State wishing to expel the person has become aware of their unauthorised residence. This period may be extended where there are obstacles to the application being submitted in time.

A reply must be given within a maximum of 30 days. This period may be extended to 60 days, except if the maximum detention period authorised in the Requesting State is less than, or equal to, 60 days.

Reasons for refusal must be given. Where there is no reply within the given time limit, the application shall be deemed to have been agreed to.

The transfer of the person concerned must take place within three months following approval of the application. The Pakistani authorities and those of the Member State shall come to agreement on the transfer date, the border crossing point and possible escorts.

Pakistan also undertakes to authorise the transit of third country nationals or stateless persons if they cannot be returned directly to the State of destination, on the basis of written evidence that such State will take back that person.

All transport costs incurred up to the border crossing point in the State of final destination are to be paid by the Member State requesting readmission.

Implementation

A Joint Readmission Committee composed of representatives from Pakistan and the European Union has been tasked with implementation of the Agreement and with strengthening cooperation and exchange of information between the parties.

The Agreement only applies to persons entering the EU unlawfully after its entry into force.

Context

Readmission agreements form part of EU policy on combating illegal immigration. Several other readmission agreements have been concluded between the EU and Ukraine, Moldova, Georgia, Russia, Western Balkan countries, Sri Lanka, Hong Kong and Macao.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Decision 2010/649/EU

7.10.2010

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OJ L 287 of 4.11.2010