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Post an EU jobUnder plans drafted by Justice and Security Commissioner Franco Frattini, member states will be required to increase from 2-10% the companies that are inspected annually for the employment of illegal immigrants, in a move that reflects concerns about the immigrants' welfare and the stream of around 300,000 foreigners entering Europe's shadow economy every year.
In his announcement on 16 May 2007, Commissioner Frattini said that companies will face more spot checks of their employees' work papers as part of a crackdown on illegal immigration across the EU. The worst offending bosses could face criminal charges.
The Commission's Communication on "circular migration and mobility partnerships between the European Union and third countries" proposes partnerships between the EU and third countries interested in working with the EU to fight illegal migration. Opportunities for legal migration, such as short-term visas, could be offered to nationals of the relevant third countries. The Communication is also examing how circular migration, which can both help the EU address labour needs and contribute to development in the countries of origin, can be facilitated.
As it stands, 19 of the EU's 27 member states have criminal sanctions against those who employ illegal entrants. In the UK, bosses face fines, and a new law will introduce jail terms of up to two years. Commissioner Fratini, however, wants to ensure that errant emplotyers face more consistent penalties, because legislation and enforcement rates vary widely.
Harmonised jail sentences, although being considered, were not touted at the Wednesday announcement.
Behind the proposal is a desire to reduce exploitation of undocumented immigrants and the "pull" factor that drives illegal entry. Mr Frattini also believes that the employment of illegal immigrants distorts competition.
However, the draft legislation's is far from certain to be succesfully transposed into EU law, with several of Frattini's fellow commissioners questioning whether it is an appropriate measure.
In addition, the plan could see the EU move into the sensitive field of proposing criminal law, traditionally the closely guarded remit of the 27 member states.
The Commission has stated that extra-borders recruitment has already proved succesful in Australia and the US, where approximately 400 economists are tasked to match US labour market needs with third countries' supplies.
Commision Vice-President Franco Frattini said: "It is vital to acknowledge that the near certainty of finding illegal work in EU member states is the main driving force behind illegal immigration from third countries. Not only is this illegal employment unlawful, it is also harmful." He added: "The chance of work draws many to the EU, but the dream can turn into a harsh reality of exploitation and slavery-like conditions - no protection on building sites or when working with harmful pesticides, or working 12 to 16 hours per day, sometimes for as little as €30. The pull factor for potential immigrants created by this illegal employment is also strongly linked to the sadly sometimes tragic journeys, often organised by traffickers, causing 3-4,000 deaths every year that illegal migrants take to come to the EU. We must therefore be firm and committed and act as one to vigorously combat this phenomenon by creating similar penalties for employers and ensuring effective enforcement."