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The Euroepan Union's Priorities for the Area of Migration and Asylum

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The Euroepan Union's Priorities for the Area of Migration and Asylum The Euroepan Union’s priorities for the area of migration and asylum The year 2009 was marked by a context of international by Community rather than State funds, which will make its economic crisis, which has affected migratory flows into the EU financing easier.2 along with the member states’ perception of the phenomena. However, contradicting European-level policy in irregular The debates arising from these two areas, led by the Czech immigration, both Belgium and Italy were carrying out amnesty and Swedish Presidencies of the EU, revolve around the issue campaigns for illegal immigrants throughout 2009. In the case of how to combat irregular immigration, the contents of the of Belgium, immigrants had to demonstrate that they were new Stockholm Programme, the Lisbon Treaty and managing integrated into the community, for which they had to justify flows of refugees and petitioners for asylum. residence in the country for at least five years or having worked With a situation of rising unemployment figures in the EU member in it for at least two and a half years. In response to criticism states and increased demand on the social services, reducing of the amnesty, the government denied having carried out any irregular immigration was one of the priorities in 2009. Hence, “mass regularisation”. 3 In Italy, the amnesty was aimed at those June saw the approval of a Directive of the European Parliament immigrants employed in domestic service or caring for the aged and the Council of Europe prohibiting the contracting of illegally from at least 1 August 2009.4 It is therefore clear that there staying third-country nationals, which is to come into force on is persisting inconsistency among the member states in their 20 July 2011.1 This instrument establishes certain obligations management of illegal immigration. Again, in this context, the for entrepreneurs, for example requiring of third-country EU is still facing the rejection of the Latin American countries nationals that they present their work or residence permit, and of its migrant return programmes and their requests for bigger that employers should keep a copy of such documents in case regularisation campaigns.5 Accordingly, even if legislation has of inspection by the appropriate national authorities. Moreover, been approved in this regard, one cannot yet speak of any infringement of the Directive can be penalised by fines or other coherent policy of irregular immigrant management in the EU. sanctions, for example exclusion from entitlement to public However, one area in which it is proving easier to reach benefits or even closure of the establishment concerned. The consensus is that of issuing work permits to highly-qualified Directive also stipulates that mechanisms must be established immigrants. The Directive that regulates the issuance of the in order to permit third-country nationals to lodge complaints or now-famous blue card to highly-qualified third-country workers claims against their employers. was approved in May and member countries are expected Another notable aspect of the Directive is that it establishes to bring into force the laws, regulations and administrative certain actions as criminal offences, including, in this regard, provisions necessary for them to implement the Directive the contracting of a significant number of third-country nationals by 19 June 2011.6 In order to be eligible, the third-country in an irregular situation, contracting of persons who are victims national must have a contract of a minimum of one year’s of human trafficking, contracting of minors, and abusive working duration, offering a salary that is at least 1.5 times the average conditions. It includes the stipulation that member states must gross salary in the member state concerned. Nevertheless, carry out regular inspections with the aim of identifying those the Directive permits each member state to determine the immigrants who are working without the requisite permit, number of high-qualified workers that may reside in its territory. especially in sectors where contracting illegally staying third- Again, the EU member states have not yet come to agreement country nationals is common. Finally, the Directive also recognises over standard issuance of work or residence permits for third- that the struggle against the contracting of illegal immigrants country nationals who are not highly qualified. This is due to cannot be implemented at State level alone and therefore needs the fact that, as one subtitle of the Stockholm Programme to be carried out at the European Community level. indicates, 7 the prime aim of the EU in this domain is to satisfy In 2009, another change relevant for controlling irregular the needs of the national labour markets. Hence it is difficult to immigration was the European Council’s conversion of the define at the Community level the circumstances under which European Police Office (EUROPOL) into an EU organism with a permit should be issued to a third-country national. the aim of facilitating cooperation between the police forces On the other hand, 2009 came to an end with the approval of the different member states. Changing the legal framework of the Stockholm Programme, which replaces the Hague of EUROPOL was expedited so that it is now more adaptable Programme. The Stockholm Programme points to relevant to present trends in delinquency, which will help to combat policies in the spheres of freedom, security and justice and will organised delinquency on the international scale. Moreover, therefore provide the guidelines for cooperation between EU since it is an EU agency, EUROPOL expenses will be covered countries in legal, police and migration matters over the next 145 five years. The central aim of the Programme is to safeguard now has the power of veto when it comes to approving the interests and needs of citizens and to take on the challenge migration law. The Treaty has also eliminated the need to of guaranteeing respect for basic freedoms while also assuring reach consensus among all the member states in order to Europe the security of Europe. In order to accomplish these goals, the approve legislation so that it is now easier to pass new laws. Programme establishes six political priorities, among which In addition, the Treaty of Lisbon establishes the legal basis for are responsibility, solidarity and collaboration in the spheres of putting into effect European-level integration policies through migration and asylum.8 This means that, notwithstanding the which efforts towards integration on the national level can find present context of economic crisis, the Stockholm Programme support. Again, two Commissioners will now be responsible has established migration as a priority area, suggesting a for monitoring EU activities with regard to the spheres of number of initiatives with regard to migration and development, justice, freedom and security: the Commissioner for Justice, labour migration, rights of third-country nationals, integration Fundamental Rights and Citizenship, and the Commissioner for of immigrants, border management and questions of asylum. Internal Affairs. Regardless of these changes, the decision on The Stockholm Programme differs from its predecessors the number of third-country nationals entering the territory of a – the Tampere Programme and the Hague Programme – in member state remains the prerogative of each country. several ways. First, the Stockholm Programme establishes The implementation of the Stockholm Programme, evaluation the Global Approach to Migration as a priority, while this of the European Pact on Immigration and Asylum, and the was not the case with the earlier Programmes. This focus development of the global approach to European Migration Policy is concerned with establishing mobility partnerships with the will be some of the main challenges to be met in 2010. The path countries of Africa and Eastern Europe and, accordingly, the to be followed will depend, on the one hand, on the priorities of present Programme promotes the launching of migration the Spanish Presidency – among which are application of the profile processes for third countries with the aim of fostering Treaty of Lisbon, reinforcing the role of the EU as an international cooperation between the EU and third countries in the design actor, and managing immigration in its different dimensions, from of coherent immigration policies. Furthermore, the problem integration and cooperation with countries of origin and transit of unaccompanied minors is introduced as a specific priority, through to combating the mafia engaged in human trafficking9 another issue that was absent in the earlier Programmes. – and, on the other, the priorities of the Belgian Presidency in Likewise, the present Programme leaves aside the approach the second half of 2010, which also include the Treaty of Lisbon of harmonisation of immigration and asylum policies in the and the Stockholm Programme, especially in the domains of EU member countries, which was present in the former freedom, asylum and immigration.10 Programmes, to focus on practical solutions. In this regard, the Programme is concerned with international relations and ASYLUM POLICY the needs of European labour markets, which means that migration policies can no longer be circumscribed to the The Stockholm Programme is much more ambiguous than its spheres of freedom, security and justice alone but must also predecessors on the question of European asylum policy. Thus, embrace other relevant domains, such as foreign policy, trade, it merely invites the Council and the Parliament to establish education and social affairs. Finally, the Stockholm Programme procedures of asylum at Community level for 2012. Nevertheless, reaffirms safe return as the essential policy to be applied in the Programme does reiterate the goal of establishing within the the case of immigrants in an irregular situation, arguing that EU “a common area of protection and solidarity” in matters of voluntary return should be encouraged, along with the signing asylum and supports the development of new instruments to of treaties with the countries of origin and transit.
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