BRUSSELS - The measures adopted by the European Commission on 1 September 2005 comprise the proposal for a Directive on common standards on return and three Communications, on Integration, on Regional Protection Programmes and on Migration and Development. This is an important step towards the realisation of the objectives announced in the Hague Action Plan adopted by the Council in June and the achievement of a balanced approach in the migration and asylum field.

On the one hand, the Vice-President commented “it gives the clear message that people staying illegally in the EU should return to their country of origin- indeed if we don’t ensure a human, dignified but efficient return of illegal migrants this will undermine the integrity and credibility of our immigration and asylum policies.”; “On the other hand, Vice- President Frattini continued, “we propose measures at both national and EU level which aim at a vigorous integration of legal migrants, of those who are allowed to remain, in our societies- measures  which very strongly take into account the local and urban level where integration actually takes place”

In addition, however, the Vice President stressed that “we need to complement this action on return by a renewed emphasis on the external dimension of our policies and the impact they have on the development and protection capacities of third countries.”

 

In the aftermath of the EU green paper on economic migration, presented in january this year (European Migration Law.Net reported) The adoption of the “Researcher package”, expected later this month, will further develop EU migration policy by introducing measures to facilitate entry into the EU and residence for skilled researchers. The Policy Plan on Legal Migration, a more comprehensive document on legal migration which the Commission intends to adopt before the end of 2005, will constitute an important further step towards achieving the balanced approach.

 

The proposal for a Directive on common standards and procedures in Member States for returning illegally staying third-country nationals provides for clear and transparent common rules concerning return, removal, use of coercive measures, temporary custody and re-entry, which take fully into account the respect for human rights and fundamental freedoms of the persons concerned.

The proposal aims to establish a horizontal set of rules, applicable to any illegally staying third-country national, and provides for a two-step procedure, leading to the ending of illegal stay. A return decision must be issued to any third-country national staying illegally. Priority must be given to voluntary return. Only if the third-country national concerned does not return voluntarily, shall Member States enforce the obligation to return by means of a removal order. The Proposal gives a European dimension to the effects of national return measures by establishing a re-entry ban valid throughout the EU.

 

 

The Communication on ‘A Common Agenda for Integration: Framework for the Integration of Third-Country Nationals in the European Union’ is a first response from the Commission to the request in The Hague Programme to establish a coherent European framework for integration. Following the adoption of Common Basic Principles on integration (CBPs) by the Justice and Home Affairs Council of 19 November 2004, the cornerstones of today’s Communication are proposals for concrete measures to put the CBPs into practice, together with a series of supportive EU mechanisms.

 

In order to strengthen the implementation of the CBPs, actions meant to provide guidance for EU and Member States’ integration policies are suggested. The Communication also stresses the importance of further clarifying the rights and responsibilities of migrants within the EU, developing specific co-operation activities and exchange of information on integration, mainstreaming and evaluation.

Strengthening the external dimension of EU migration and asylum policy

The two Communications on Migration and Development and Regional Protection Programmes respond to the Hague Programme’s call to strengthen the external dimension of migration and asylum policies.

Regional Protection Programmes

While the numbers of asylum applications in Europe have steadily fallen in recent years, this has not meant a reduction of the numbers of refugees at a global level. It is a fact that the vast majority of refugees remain in their regions of origin in circumstances of extreme poverty and questionable safety. It is therefore important to ensure that those who need protection are able to access it as quickly as possible and as closely as possible to their needs. In a spirit of co-ownership and co-responsibility, Regional Protection Programmes aim to assist third countries who host large refugee communities or are faced with large numbers of asylum applicants in building their protection capacity. The first pilot Regional Protection Programme will be implemented in the Western New Independent States (Western NIS), that is to say Ukraine, Moldova and Belarus. This Programme will focus on strengthening already existing protection capacity, notably by giving practical support to the examination of asylum applications, the reinforcement of subsidiary protection, integration and documentation. The location of the second pilot Programme is  being considered with potential areas including both the Great Lakes Region (e.g. Tanzania) and the Horn of Africa.

 

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