European Commission focuses on immigration issues, June 2003

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Series Details 7.6.03
Publication Date 09/06/2003
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A year after immigration issues featured high on the agenda at the Seville European Council, EU leaders are to discuss them again at the Summer meeting of the European Council in Thessaloniki on 21 June 2003 as Europe's electorate remain concerned about how their national governments are tackling the challenges of immigration.

Up for discussion will be a package of measures adopted by the European Commission on 3 June 2003, which are all intended to further develop an integrated EU approach to immigration issues. Two of these measures focus on the fight against illegal immigration whilst the other proposal seeks to improve the integration of legal immigrants, seen as an essential instrument in achieving the Lisbon goals of making the EU the world's most competitive and knowledge-based economy by 2010.

Background

According to the United Nations High Commissioner for Refugees, there were over 384,000 applications for asylum in the European Union in 1991. The largest origin of applicants was Iraq, the home country of almost 10% of asylum applicants followed by Afghanistan, Turkey and Yugoslavia.

Many European citizens believe that such a large number of immigrants threaten their own opportunities for employment whilst putting pressure on the social security system. In the face of such challenges, immigration and asylum policy has become a fundamental part of the EU's wider approach to justice and home affairs that was launched at the meeting of the European Council in Tampere, Finland in December 1999.

At the summit, EU leaders agreed to establish "an area of freedom, security and justice" with four main priorities:

  • Stronger, more co-ordinated external action
  • A common approach in the fight against crime
  • A genuine European area of justice
  • A common EU asylum and migration policy

Following up on the decisions made in Tampere, EU leaders agreed to take further steps at both the Laeken and Seville European Councils, including a number of initiatives aimed at combating illegal immigration such as the introduction of a common identification system for visa data and the creation of a network of Member States' immigration liaison officers by the end of 2002.

The heads of state and government also agreed to speed up current legislative work on the framing of a common EU immigration and asylum policy, with the aim of adopting minimum standards for qualification and status as refugees by June 2003 and the adoption of common standards for asylum procedures by the end of June 2003.

More background on the EU's approach to asylum and immigration issues can be found in European Sources Online's earlier In Focus: Asylum, refugees and immigration: a challenge for Europe, October 2001

Package of measures concerning immigration

Ensuring that asylum and immigration issues remain near the top of the EU's agenda, the European Commission adopted a package of measures on 3 June 2003 in keeping with the approach agreed at Tampere of developing an integrated response to the issues of illegal immigration, asylum and the integration of legal immigrants into the EU's labour market.

Developing a common policy on illegal immigration

The Communication on the development of a common policy on illegal immigration [COM(2003)323] also focuses upon the smuggling and trafficking of human beings, external borders and the return of illegal residents. In accordance with the conclusions of the Seville European Council in 2002, the Communication sets out a number of priorities to be implemented in the coming months:

  • Extend the scope of the European Refugee Fund to cover all aspects of common immigration and asylum policies, including the issue of visas and external border controls.
  • The principles of solidarity and operational co-operation in the EU's immigration policy should be reflected in the EU's budget within the new post-2007 financial perspective.
  • Establish a Community operational structure for external border controls to implement the strategic guidelines adopted by the Council as a possible forerunner to a European Corps of Border Guards that would support and complement the actions of Member States' bodies in the management of their external borders.
  • Develop a common information system for the issuing of visas and residence permits for nationals of non-EU countries and later for EU citizens' passports.
  • Support a common policy for the return of illegal residents through the necessary legislative framework, a specific financial instrument and a special operational structure.
  • Undertake a detailed assessment of geographical priorities before entering into negotiations on return policy with third countries, especially in the context of the implementation of the Cotonou agreement.
  • Introduce a regular political monitoring process with the European Commission providing an annual monitoring report that could form the basis for Council decisions on joint actions at its end-of-year meeting.

Commenting on the Communication, Antonio Vitorino, European Commissioner for Justice and Home Affairs, said:

"I think that the Commission has made some serious and courageous commitments pointing the way forward in these areas of internal security which are of concern to our fellow citizens. Although we need generous policies on lawful immigration and asylum, we must also take determined action in the joint control of our borders and the fight against illegal immigration".

Better managed asylum systems

In another Communication adopted on 3 June 2003 [COM(2003)315], the European Commission set out its ideas on how to develop a more accessible, equitable and managed asylum system. There are three fundamental elements to the European Commission's proposals:

  • A legislative instrument on an EU resettlement scheme, including the financial underpinning of such a scheme
  • A legislative instrument on protected entry schemes
  • A legal basis for co-operation with third countries in the area of migration, which would support new approaches to asylum systems in third countries

The European Commission's proposal has largely been stimulated by the debate at the 2003 Spring European Council on asylum systems, provoked by a letter from the UK Prime Minister to the EU Presidency calling for a discussion on the need for "better management of the asylum process". At the meeting, the UK government presented a paper suggesting that relocate initial asylum-claim processing should be relocated beyond the EU's frontiers, in so-called "zones of protection". [For more information on this proposal, consult European Sources Online's previous In Focus entitled "Asylum: UK proposes "zones of protection".]

The latest Communication follows on from the European Commission's "Communication on the common asylum policy and the Agenda for protection" [COM(2003)152] that was presented on 26 March 2003, which recognised the crisis in the asylum system around Europe and identified the need for a structured response. Therefore, it not only provides a brief analysis of the UK paper but also examines other possible solutions submitted by the UNHCR as well as ideas from the European Commission itself. The reactions of non-governmental organisations to the proposals are also summarised.

Despite strong criticism of the UK asylum plans from UNHCR, the European Commission concludes that "the UK paper provides the right analysis of the deficiencies in the current international protection regime and asks the appropriate questions, helping to address the challenges the EU asylum system faces". However, it warns about the legal, financial and practical questions raised by the UK proposal, particularly in the context of the 1951 Geneva Convention on refugees and the moral issue of potentially shifting the asylum burden to poorer countries.

The reaction from other EU Member States to the UK proposal has been mixed. Whilst the Netherlands, Denmark and Austria are strongly pushing the idea, other countries are displaying more reticence with the Swedish government expressing particularly strong reservations at a meeting of the Justice and Home Affairs Council on 5 June 2003. Those Member States that are less enthusiastic about the proposals seem to be concerned about the legal and financial issues that have been raised by the European Commission. It has been suggested that pilot projects could be set up to see how the scheme works in practice.

Meanwhile, the UNHCR has tabled an alternative plan with the European Union, which would ensure that all asylum claims are processed within Europe and that refugees would still be offered asylum throughout Europe. Fundamental to the UNHCR's approach are measures to provide solutions and arrangements in regions of origin, to be complemented by an EU-based approach to deal with certain caseloads of essentially unfounded applications lodged primarily by "economic migrants" resorting to the asylum channel.

The European Commission's approach foresees the introduction of an EU-wide resettlement scheme based on transferring refugees to a country where they would obtain legal residency and possibilities of integration and autonomy.

Better integration of legal immigrants

Moving away from the issue of too many illegal immigrants, the third measure of the "immigration package" proposed by the European Commission focuses on improving the integration of legal immigrants, viewed as an essential part of the EU's economy.

In the "Communication on immigration, integration and employment" [COM(2003)336] the European Commission examines the potential impact which immigrants are likely to have on employment and economic growth. The paper notes that legal immigrants are set to play an important role in achieving the goals set out at the Lisbon European Council of becoming the world's most competitive and knowledge-based economy by 2010 as the European Union faces up to the challenges of an ageing and declining population.

In recognition of the important contribution that legal immigrants are set to make to the EU "s economy, the Communication outlines a number of initiatives intended to ensure their full participation not only in the labour market but also in social, cultural and civic life. Commenting on the proposal, Anna Dimantopoulou said:

"Zero immigration is not an option. In order to make immigration a success, not least for current EU citizens, Europe must achieve radically better integration of immigrants already based in the EU and prepare now for future immigration".

From the legal perspective, the Communication emphasises the importance of the policy on third country nationals as well as recent efforts for a Directive on the admission of students, volunteers and researchers. It also notes that the legal framework to combat discrimination and Regulation 1408/71 granting third country nationals the same protection as EU workers in the field of social security protection should provide the cornerstone in view of the future adoption of the directives on the status of long-term residents and admission for employment with Directives such as that recognising the qualifications of third country nationals essential in the future.

On the policy front, the European Commission is suggesting a number of measures to increase the participation of legal immigrants into Europe's social and cultural life such as:

  • Introduction programmes for newly arrived immigrants
  • Language training based on financing and co-financing by the immigrant; national language tests; "dual path" language courses
  • Developing the concept of civic citizenship

The development of these policies along with other suggestions would be founded upon the exchange of information and good practice in the recently established network of national contact points for integration.

Towards a Tampere-II agenda?

All three measures discussed above are likely to form the basis of an-depth discussion on immigration issues at the Thessaloniki European Council on 20 June 2003. A year after limited progress on asylum measures was achieved at the Seville European Council, EU leaders will be looking to take the process further forward.

Certainly, the Communications adopted by the European Commission in June 2003 have highlighted that the challenges facing Europe both in terms of the burdens of asylum seekers and illegal immigrants as well as the need for more "economic immigrants" are here to stay and therefore, whilst the objectives laid out at Tampere may be increasingly achieved, more measures will still be necessary. Indeed, there are suggestions from Brussels officials that it is time to set out a Tampere-II agenda that would seek to deliver a more co-ordinated and integrated approach to immigration issues in the future.

Further information within European Sources Online:

European Sources Online: Topic Guides
Justice and Home Affairs
 
European Sources Online: In Focus
Asylum: EURODAC becomes operational, January 2003
Asylum, refugees and immigration: a challenge for Europe, October 2001
Asylum: United Kingdom proposes "zones of protection"
European Council, Seville, 21-22 June 2002
European Commission adopts modified proposal on asylum procedures, June 2002
Immigration: Joint EU maritime patrol force to combat illegal immigration, January 2003
 
European Sources Online: Financial Times
05.06.02: EU summit to focus on illegal immigration
14.06.02: EU backs joint action to stem illegal immigrants
20.06.02: Proposals for asylum seek common basic EU standards
22.06.02: EU leaders opt for carrot rather than stick on migrants
24.06.02: Europe's immigration muddle
24.06.02: Blow to Blair as summit fails to find "full answer" on asylum
22.07.02: Seeking consensus on the benefits of immigration
14.09.02: EU in drive to send home refugees
29.11.02: EU agrees plan to send asylum seekers back to Afghanistan
27.03.03: British asylum plan causes concern
29.03.03: UK asylum proposals draw mixed response
 
European Sources Online: European Voice
13.06.02: Seville set to agree EU border policing
30.05.02: Amnesty fears Seville backlash over immigrants
27.06.02: Tough immigration proposals rejected at Seville summit
11.07.02: UK shows will to end asylum veto

Further information can be seen in these external links:
(long-term access cannot be guaranteed)

EU Institutions

European Commission

DG Press and Communication:
Press Releases:
  14.03.03: No evidence of immigration leading to increases in crime and unemployment, says EU report [IP/03/380]
  25.03.03: Commission sets up expert group on trafficking in human beings [IP/03/432]
  03.06.03: The Commission calls for a better integration of immigrants in the EU [IP/03/795]
  03.06.03: Commission Communication on the development of a common policy on illegal immigration, smuggling and trafficking of human beings, external borders and the return of illegal residents [IP/03/794]
 
Memos:
  04.06.03: The European Commission presents a package of measures covering the fight against illegal immigration, asylum, the integration of legal immigrants and co-operation with third countries [MEMO/03/122]
 
DG Justice and Home Affairs
Homepage
  Immigration
  Asylum
 
European Parliament
Factsheet: Justice and Home Affairs
 
International Organisations
 
United Nations High Commissioner for Refugees
Homepage
Press Releases:
  28.03.03: Lubbers offers new approaches on asylum-migration issue
Statistics
Origins of asylum applicants in the European Union 1992-2001
New Issues in Refugee Research:
  The European Union proposal on subsidiary protection: an analysis and assessment [WorkingPaper No.74, December 2002]
  Addressing the causes of migratory and refugee movements: the role of the European Union [Working Paper No.73, December 2002]
  The state of asylum: democratisation, judicialisation and evolution of refugee policy in Europe [Working Paper No. 50, October 2001]
  Arguing about asylum: the complexity of refugee debates in Europe [Working Paper No. 48, October 2001]
 
International Organisation for Migration
Homepage
 
National Organisations
 
United Kingdom: Home Office
Homepage
Press Releases:
  27.03.03: Home secretary statement on zones of protection
  28.03.03: Home secretary statement on zones of protection
 
Miscellaneous Organisations
 
Statewatch
Homepage
  Blair-Simitis letter: UK proposal - "New international approaches to asylum processing and protection
  Reaction to UK asylum plan for "safe havens"
  Asylum in the EU: the beginning of the end?
 
European Council on Refugees and Exiles (ECRE)
Homepage
Press Releases:
  17.06.02: Seville summit: Blocking access to Europe is not the answer
  04.06.03: There is a crisis of responsibility sharing, harmonisation and access to protection for refugees in the EU, rather than a crisis in the nature of the international protection regime
EU asylum facts
Quick facts
European asylum systems
ECRE position on the integration of refugees in Europe [December 2002]
 
Human Rights Watch: Europe / Central Asia
Homepage
  Commentary on the United Kingdom Home Office White Paper: Secure Borders, Safe Haven: Integration with Diversity in Modern Europe [March 2003]
  Fix it first: A Human Rights Agenda for extending EU asylum and migration policy [August 2002]
  Seville Summit: Serious abuses against migrants and asylum seekers detailed [June 2002}
 
Liberty
Homepage
  Asylum and Immigration
 
European Information Migration Network
Homepage
 
The Centre for European Policy Studies
Homepage
Trust and co-operation in judicial, extradition, immigration and asylum matters [Conference proceedings, March 2002]
Ensuring a generous European asylum policy for those in need of international protection [CEPS Policy Brief No.9, December 2001]
Shaping Europe's Migration Policy: New Regimes for the Employment of Third Country Nationals: A Comparison of Strategies in Germany, Sweden, The Netherlands and the UK [CEPS Working Document No.179, December 2001]
 
The European Policy Centre
Homepage
  The rights of cross-border workers [October 2001]
  The rights of asylum seekers in the new EU area of freedom, security and justice [September 2001]
  Towards a global accord on migration and refugees [September 2001]
  EU, asylum and human rights: the protection crisis

News Organisations

BBC News Online:
19.02.03: Asylum "havens" considered by UK
03.06.03: Zero immigration "not an option"
05.06.03: People "traffickers" target Britain
05.06.03: UK immigration could rise by 10%

Helen Bower

7 June 2003

The European Commission adopted a package of measures on 3 June 2003, which are all intended to further develop an integrated EU approach to immigration issues.

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