Interventi sulla immigrazione

• Author: Franco Frattini
• Pages: 69-133

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@Dichiarazione su spazio di libertà, sicurezza e giustizi, Bruxelles, 12 ottobre 2005

“La dimensione esterna dello spazio di libertà, sicurezza e giustizia diventa sempre più importante”. “È chiaro che riusciremo ad istituire uno spazio interno di libertà, sicurezza e giustizia solo se allo stesso tempo ci adoperiamo per creare un contesto esterno sicuro. Le minacce, che oggigiorno gravano sulla vita dei cittadini europei come il terrorismo o la criminalità organizzata che possono nascere fuori dell’Unione, ci impongono di mettere a punto una strategia coerente e globale, diretta a instaurare contatti con i paesi terzi del mondo intero.”¹

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@Legal migration and the follow-up to the green paper and on the fight against illegal immigration – University of Harvard, Boston, 7 November 2005

@@Introduction

The entry into force of the Amsterdam Treaty in May 1999 represented a turning point in the EU’s commitment to work together in the fields of Justice and Home Affairs, in particular with regard to immigration and asylum. Based on the new powers under this Treaty, in autumn 1999, EU Heads of state – at their meeting in the Finnish city of Tampere – adopted comprehensive guidelines (Tampere conclusions) for the development of a common EU immigration and asylum which should build upon four clearly identified core elements: partnership with countries of origin; a common European asylum policy; fair treatment of third country nationals; and the effective management of migration flows.

In November 2000, the European Commission published a comprehensive strategy paper indicating how it intended to translate these guidelines into concrete action. *

In November 2004, the “Tampere guidelines” were replaced by a new work programme for the period 2004 to 2009, the so-called “Hague programme” adopted by the EU Heads of State and Government at their meeting in the Dutch capital – hence the name.

As far as migration is concerned, a major policy development underlying both the Tampere and Hague work programmes was a particular emphasis on the contribution which legally admitted immigrants could make to the economic growth and to the cultural and social enrichment of Europe.

In an overall economic and social context characterised by a number of skill and labour shortages, competition for the highly skilled in a globalise economy and accelerating demographic ageing, immigration is taking on a new profile in the EU.

The new key message is: Europe will need more migration, since labour and skills shortages are already noticeable in a number of sectors and they will tend to increase. Demographic projections indicate that a decline in employment in the order of 20 million workers for EU-25 can be expected between 2010 and 2030 as a result of demographic change. This phenomenon will affect some Member States more than others. Nevertheless, it is a common trend.

The European Statistical Office’s (EUROSTAT) projections foresee that the working age population in the EU-25 will start declining in 2011. This is an average figure, in many EU countries this decline has already started.

Immigration is only one of the solutions to compensate for demographic ageing and to sustain the growing costs of the EU welfare systems. First and foremost, the EU must tap into its existing human resources (EU nationals and third-country nationals already resident in EU territory).

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Volumes of admission of third-country nationals seeking work in the EU are – and will – remain the responsibility of Member States.

But, decisions to admit third country nationals are no longer the exclusive remit of each Member State. Such decisions affect other Member States and the EU labour market as a whole (i.e. impact of acquired rights such as the right to travel within the Schengen area, to deliver services in other Member States or to move to another Member State, once long-term resident’s status has been obtained). This “political difference” has encouraged Member States to discuss a common way to proceed.

Migration is a really complex phenomenon that has no simple answers and needs to be coherently addressed in all its dimensions.

The EU must therefore aim at efficient and effective management of legal migration flows and, at the same time, fight illegal migration, in particular as concerns the trafficking of human beings and organised crime.

How to effectively manage legal migration flows – The green paper on economic migration and the policy plan on legal migration

Last January the Commission published a green paper in order to launch a wide public debate on a future common policy in the field of economic migration, specifically on which rules should be adopted at EU level for the admission of migrants for paid and self-employed activities and on the added value of having such a European approach.

The purpose was to discuss with relevant stakeholders their needs and concerns, as well as to hear their views and receive input on the strategy which the EU should adopt in respect of the sensitive issue of labour migration, in order to find commonly shared solutions. The Commission received about 130 written contributions from Governments, local authorities, NGOs, EU bodies, International organisations, third-countries, the academia. Several contributions were particularly constructive.

To complete the debate, the Commission organised a public hearing in June 2005, where broad support for the perspective of a common European framework for economic migration was expressed.

Even though their views did not fully coincide, some common messages could be extrapolated:

– any system agreed must be simple, un-bureaucratic and flexible enough to adapt to the different needs of the labour markets in the Member States;

– most of those who took the floor asked for a horizontal approach, accompanied by special schemes for either high skilled or seasonal workers (or both);

– broad support was given to the principle of granting preference to EU and already established third-country nationals over newly arriving third-country workers (Community preference);

– the idea of a job-seeker permit (in very broad terms comparable to the “US lottery”) was supported in general terms, but it might be difficult to be put in place at EU level;

– a common framework of rights was considered essential for ensuring fair treatment of all third-country nationals;

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– strong integration policies and increased cooperation and dialogue with the countries of origin were considered essential;

– The Commission is using the analysis of the public consultation on the Green

Paper as a basis for the Policy Plan on legal migration, which it will table before the end of this year. The Commission is discussing internally the various components of the Policy Plan. But it will be a roadmap outlining the legislative and operational measures to be proposed in the field of legal migration, in particular for labour migration.

Four specific issues deserve particular attention in this framework: (1) the inseparable link between legal migration and integration; (2) the attraction of highly skilled migrants; (3) worker’s rights; and (4) cooperation with third-countries of origin and transit.

Legal migration and integration are inseparable issues and should mutually reinforce each other. In September this year, the Commission has adopted a Communication on integration, providing a framework for the integration of third- country nationals residing in the EU and proposing concrete measures to be implemented at EU and national level.

The Commission is pursuing a holistic approach to integration, covering economic, social, political and cultural dimensions. It has been repeatedly emphasized that, in the EU, greater efforts in this field are needed and that integration is a continuous, two-way process based on mutual rights and corresponding obligations of the legally residing third-country national and the host society.

Another important issue is how to improve the EU’s capacity to attract the highest skilled migrants. In this respect Europe must learn from countries like the US, Canada and Australia, who have longstanding experience in this field. There is increasing international competition to attract highly skilled and qualified migrant workers.

Therefore, Europe needs to put together high quality packages to persuade the top end of migrants, such as engineers and biologists, to choose our continent as their destination. A first important achievement in this sense is the facilitated procedure for the admission of third-country researchers which the EU Council of Ministers adopted in October and which will become applicable in two years time. Now the EU common immigration policy must be pushed further following this successful precedent.

As far as the issue of rights of workers is concerned, we should be absolutely steadfast in not accepting any compromises. The Hague Action Plan clearly states that we need “to ensure the full development of policies enhancing citizenship, monitoring and promoting human rights”.

Third-country workers should enjoy the same working conditions and rights as our nationals. This will protect both the third-country migrants and EU workers from discrimination and exploitation. There is a need for a basic set of rights, common to all Member States: this will encourage migrants to go where their work and skills are needed rather than where the social security is more advantageous. This scenario will continue to occur until complete harmonisation is achieved, but at least the worst disparities could be levelled out initially.

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A successful EU policy on economic migration requires that migration flows are managed in cooperation with the countries of origin and transit, taking into account their reality and needs. Increased dialogue and cooperation with these countries are therefore necessary. For example, the EU is sustaining immigration management...