FONDS EUROPEEN D’INTÉGRATION MEASURES AND RULES DEVELOPED IN THE EU MEMBER STATES REGARDING INTEGRATION OF THIRD COUNTRY NATIONALS - COMPARATIVE REPORT (REPORT FINALISED IN DECEMBER 2014) Dr Yves PASCOUAU Director of Migration and Mobility policies Head of the “European Migration and Diversity Programme” The author addresses special thanks to Andreia Ghimis for her input and help in the realisation of this report and more particularly regarding the last chapter of it. Yves Pascouau also wants to thank Myriane Bartholomé, Rebecca Castermans and Zakeera Suffee for their work in editing and publishing this report. He finally wants to warmly thank Stéphanie for proofreading. 2 MEASURES AND RULES DEVELOPED IN THE EU MEMBER STATES REGARDING INTEGRATION OF THIRD COUNTRY NATIONALS - COMPARATIVE REPORT YVES PASCOUAU 3 Yves PASCOUAU Yves Pascouau is Director at the European Policy Centre and Head of the Porgramme “European Migration and Diversity”. He has researched and published widely on European and national immigration, asylum and integration policies. His current work is mainly dedicated to EU developments in the field of immigration, asylum and integration. Prior to joining the European Policy Centre, he worked as researcher in France (Université de Pau et des Pays de l’Adour) and in Belgium (Université Libre de Bruxelles). He holds a PhD in Law from Pau University in France. EUROPEAN POLICY CENTRE The European Policy Centre (EPC) is an independent, not-for-profit think tank, committed to making European integration work. The EPC works at the “cutting edge” of European and global policy-making providing its members and the wider public with rapid, high-quality information and analysis on the EU and global policy agenda. It aims to promote a balanced dialogue between the different constituencies of its membership, spanning all aspects of economic and social life. In line with its multiconstituency approach, members of the EPC comprise companies, professional and business federations, trade unions, diplomatic missions, regional and local bodies, as well as NGOs representing a broad range of civil society interests, foundations, international and religious organisations. Website: http://www.epc.eu 4 Executive Summary The report entitled “Measures and rules developed in the EU Member States regarding integration of third county nationals” is a comparative analysis of schemes established in the 27 member States and Norway. It does not cover the full scope of integration policies but aims more precisely to compare national policies and measures adopted in two specific fields: language and civic knowledge, on the one hand, and access to the labour market in the other. This choice is based on two main elements: firstly, language knowledge as well as knowledge of the host country’s political and institutional organisation, its history, its values (considered here as civic knowledge) and access to the labour market are commonly considered as key factors to migrants’ successful integration. Secondly, the progressive Europeanisation of immigration and integration policies has addressed these domains either through the harmonisation of national rules or through the coordination of national policies. As a consequence, and on the basis of existing comparative analysis, this report details national schemes established in the member states covered and tries to identify convergences and divergences that may emerge between national rules and practices. The report seeks to examine how states use language and civic knowledge or request migrants to fulfil such measures at three different stages on the migratory pathway: before entering the host state, after entering the host state and for the acquisition of a permanent/long-term residence permit. The report also takes into account measures developed in the states regarding migrants’ access to the labour market. This report, realised with the support of the network of National Contacts Points on Integration, coordinated by the European Commission and with the financial contribution of the European Fund for Integration, contains numerous details regarding national schemes. Hence, and instead of detailing national specificities and measures already contained in the report again, the executive summary highlights the trends and dynamics in national schemes and how they relate to EU law. On this basis, the main conclusions of the report are the following: Regarding language and civic knowledge The field of language and civic knowledge is subject to a real phenomenon of coordination between European States. This derives from a phenomenon of convergence regarding the establishment of such schemes in many States. However, this phenomenon is counteracted by remaining divergences - sometimes significant - regarding the specificities of national schemes. EU law is a real factor of convergence and coordination. Fields where divergences are the most prominent are precisely those that have not been addressed by EU law, i.e. the period after the entry on the territory and before the acquisition of a long term residence permit. Regarding measures developed in the country of origin, or the so-called pre-entry measures, three conclusions should be highlighted. Only 5 out of 28 States have established rules requesting third-country nationals to provide some language and/or civic knowledge before entering the host state. This group is then divided between states that have developed such a solution for family reunification only, and states that have extended it to other forms of migration. Finally, a new trend is appearing whereby some states are developing pre- information schemes instead of pre-departure measures, i.e. States provide information about the host States in the country of origin. 5 Analysis addressing schemes established after the entry on the territory show a high degree of divergences between States. Indeed, integration schemes present sometimes strong differences regarding their nature (voluntary or mandatory), their length (short or long), support provided or not, the cost of language or civic learning classes, sanctions established etc. The report concludes that there is a need to enhance mutual knowledge and the coordination of integration measures and policies taking place during the first years of residence given the crucial impact these years may have on future social inclusion of individuals into European society. Finally, the report illustrates the fact that national rules regarding language and civic integration requirements for the issuance of a long-term/permanent residence are showing a significant degree of convergence. Some differences still exist between states, especially in the processes and kind of tests organised, but common approaches are more important here than elsewhere. The continuation of discussions between states and at different European levels will surely foster common trends between member states and create the emergence of other similarities. Regarding access to the labour market Whereas this part of the report is less developed than the former one, it has been possible to define two themes which should be further discussed in the future, according to the impact they have on migrants’ integration. These themes are: the involvement of companies in the migrants’ integration process, which can facilitate the migrants access to the labour market and provide language knowledge in order to enhance social inclusion; the development of simple and reliable methods to recognise qualifications and skills. The report sheds a light on policies and practices developed in the member states and in Norway in the field of language and civic knowledge and access to the labour market. The comparative approach gives a transversal view and enables us to better understand dynamics of policy making in the States and to identify (good) rules and practices which can help to improve migrants’ integration into the receiving societies. 6 7 Table of abbreviation Belgium BE Bulgaria BG Czech Republic CZ Denmark DK Germany DE Estonia EE Ireland IE Greece EL Spain ES France FR Croatia HR Italy IT Cyprus CY Latvia LV Lithuania LT Luxembourg LU Hungary HU Malta MT Netherlands NL Austria AT Poland PL Portugal PT Romania RO Slovenia SI Slovakia SK Finland FI Sweden SE United Kingdom UK 8 INTRODUCTION The EU and integration of third country nationals: what competence? With the entering into force of the Amsterdam Treaty in 1999, the European Union1 (EU) has acquired competences to adopt rules in different fields related to "visa, asylum, immigration and other policies related to free movement of persons". While some provisions assigned precise and clear competences to the EU in these fields, the treaty remained silent on the possibility for the EU to adopt rules or take action in the field of integration of third country nationals residing in the EU Member States. In other words, the EU could adopt rules and measures regarding immigration and asylum but it was not entirely clear as to whether it was also competent to act in the field directly linked to migration; i.e. the integration of third country nationals. An answer to this question was given with the entering into force of the Lisbon Treaty ten years later, in 2009. Article 79 of the Treaty on the functioning of the EU states “The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may establish measures to provide incentives and support for the action of Member States with a view to promoting