EU split on punishing employers of illegal migrants[fr][de] 

The EU's Mediterranean nations are backing strict measures against employers of illegal workers. Italian Interior Minister Roberto Maroni, whose country has just passed a bill allowing illegal immigrants to be jailed, notably expressed his preference towards imposing criminal sanctions on offending firms and targeting their assets. 

But a group of northern countries, led by Germany and including Finland, Hungary, Latvia, Poland, the Netherlands and Sweden, say criminal measures would be unjustified and believe it should be left up to individual member states to decide on measures. 

In May 2007, the Commission presented new proposals targeting those that hire clandestine workers as part of an EU-wide crackdown on illegal immigration. Under its proposals, offending bosses would face fines and be forced to pay for the return of illegal migrants or make up for outstanding wages and social contributions. Criminal penalties, including prison sentences, may be envisaged for repeat offenders, notably in cases where clandestine workers are subjected to exploitative conditions or have been victims of human trafficking.

French Immigration Minister Brice Hortefeux, whose country currently holds the EU Presidency and is known for its tough stance on illegal immigration, pointed out that the tough proposals were not French ones but Commission ones. He said he favoured the principle of "subsidiarity", under which responsibility for legislating would rest with the member states rather than with the EU. The other ministers, he said, had agreed to this. 

But the Commission wants to ensure that errant employers face more consistent penalties, because current legislation and enforcement rates vary widely. Commission Vice President Jacques Barrot also defended tough sanctions, saying this would encourage more legal migration. "Working visas make Europe attractive. Europe is especially attractive for immigrants who can show high qualifications. We are in competition, it needs to be pointed out, notably with the United States," he is quoted by Euronews as saying. 

Under the Commission's plans, member states would also be required to increase the proportion of companies that are inspected annually for the employment of illegal immigrants from 2 to 10%. But countries like Germany are also against such quotas, saying random checks work better than across-the-board inspections. "We are convinced that introducing a quota may include the possibility of carrying out controls just for the sake of meeting the quota […] It's not the number, but the quality, that counts," said German Interior Minister Wolfgang Schaeuble.