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France-Italy border row divides EU parties

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Published 05 May 2011, updated 14 December 2012

The European Commission published yesterday (4 May) a proposal to better manage migration, following the diplomatic tensions between Paris and Rome over an arrival of some 25,000 illegal immigrants from Tunisia. The Commission paper was welcomed by the European People's Party and the Greens, and strongly criticised by the Socialists and Liberals.

Cecilia Malmström, the EU's commissioner for home affairs, presented initiatives heralding what she called a more structured approach to the challenges and opportunities of migration, in the context of the unfolding democratic revolutions in the Mediterranean.

The proposal, which is subject to negotiations among member states and to unanimous decision-making, appears after pressure from French President Nicolas Sarkozy and Italian Prime Minister Silvio Berlusconi, who recently asked Brussels to make changes to the treaty establishing the Schengen border-free area.

In particular, the Commission foresees the temporary re-introduction of limited internal border controls under "very exceptional circumstances". The current formulation allows such a re-introduction only in case of a "threat to public order," with the arrival of some 25,000 economic migrants not considered to be sufficient justification for such a move.

A recent study by a Brussels think-tank deplored the foreseen change of wording, which was described as a strengthening of 'intergovernmentalism' in an area that currently falls under EU competence.

But Malmström insisted that Schengen was a "fantastic achievement" which could nevertheless be "improved". She stressed that such movement should be in the direction of "more Europe, not less". Asked for further details, Malmström said that there should be "a European decision" each time that internal border controls are temporarily re-introduced.

Strengthening of Schengen or dismantling of Europe?

The major political groups in the European Parliament responded with strong political statements, signalling that what had begun as a "border row" between France and Italy could have far-reaching consequences for the direction the EU is taking.

Unsurprisingly, the centre-right European People's Party (EPP) group welcomed the Commission blueprint.

"The Commission proposal, which aims at strengthening the EU level in the field of migration, is right," said German MEP Manfred Weber, vice-chairman of the EPP group.

Weber said it was crucial to have the consent of the EU institutions for any temporary re-introduction of border controls.

"There can be situations where those are appropriate. However, they must not be introduced unilaterally on a national level," the EPP vice-chair stated.

In contrast, the Party of European Socialists (PES) deplored what they called an "attempt by the conservatives to dismantle the Schengen agreement".

"The European Commission is caving in to the demands of French President Sarkozy and Italian Prime Minister Berlusconi, who have been putting stronger and stronger pressure on the European Union to implement stricter rules on migration," the Socialists stated. 

"Changing a fundamental treaty such as the Schengen agreement would attack the foundation of the European Union itself, as freedom of movement is one of the fundamental principle upon which the European Union is based," the party added.

A similar position was expressed by the liberal ALDE group.

"The answer to migration flows should not be a reintroduction of border controls or a change in the Schengen rules," stated ALDE group leader Guy Verhofstadt.

A surprise came, however, from the Greens/European Free Alliance group, which claimed that the Commission was looking to strengthen rather than dismantle the Schengen system.

The Greens/EFA group points out that reintroducing border controls would undermine the spirit of Schengen.

However, they stress that the Commission takes the view that such decisions should be taken at EU rather than national level, and that they should be taken only in exceptional circumstances and be temporary in nature.

France issues 'neutral' statement

France issued a statement welcoming the Commission proposal as "a first contribution" to the debate. "We note with interest that the Commission envisages a mechanism wich would allow the introduction of temporary controls to certain sections of internal borders, in cases of difficulties or deficiencies of member states," the statement reads.

The term 'deficiencies' apparently applies to Greece, which faces strong immigration pressure at its border with Turkey.

Paris stresses that the governance of Schengen should be reformed and strengthened,, and that discussions would continue at ministerial and heads of state and government level.

Positions: 

The Greens/European Free Alliance group called on the Commission to urgently invoke the EU Temporary Protection Directive, which was adopted after the Kosovo war to deal with the potential mass arrival of refugees from war zones but has never been used. This directive provides for sharing the burden of an influx of refugees.

The Greens are also in favour of the Commission presenting a concrete alternative proposal to address the situation with regard to the influx of people seeking refuge from the current instability in the Mediterranean region.

"It is worth remembering that Tunisia and Egypt have had to cope with at least ten times the number of people we have seen so far in the EU," the Greens/EFA group states.

Alliance of Liberals and Democrats for Europe (ALDE) group coordinator on the European Parliament's civil liberties committee and Romanian MEP Renate Weber said:

"So far the Council and member states' answers to the migration flows have been disappointing. The reluctance towards the adoption of the asylum and the legal migration packages, and the buck passing attitude of some of the member states puts at risk one of the principal and most popular achievements of the EU - Schengen and the free movement of people."

"Free movement is too valuable for both European citizens and economies to sacrifice in a knee-jerk reaction to the current challenges from North Africa," said ALDE MEP Sarah Ludford (UK).

"It is essential that individual member states fulfil their responsibilities in dealing with numbers of migrants that are not unmanageable, instead of destroying the Schengen zone. The way France and Italy have run around like headless chickens over a relatively small spike in migration shows EU states' failure, despite a decade of rhetoric, to install a coherent ability to manage inflows," said Ludford.

The Party of European Socialists (PES) said it was "outraged" by the concessions made to Sarkozy and Berlusconi by the European Commission.

According to PES President Poul Nyrup Rasmussen, the Commission should be "standing tall as the guardian of the EU treaty," instead of "threatening such an important principle as freedom of movement".

Slovenian Socialist MEP Tanja Fajon, co-chair of the PES Migration Network, stated: "The PES advocates a renewed migration policy, not by closing the EU external and internal borders but rather by building on a better facilitation of the flows."

Spanish MEP Juan Fernando López Aguilar (Socialists & Democrats group), chair of the Parliament's civil liberties committee, reacted strongly to the proposal to allow exceptions to the Schengen agreement in exceptional circumstances.

"It is unacceptable that the arrival of a few tens of thousands of immigrants at the borders of countries which are among the largest in Europe and are founder members of European integration, each with a population of over 60 million, should serve as an excuse to question Schengen, the free movement of people and our common policy of freedom, security and justice," López Aguilar said. 

"It is also unacceptable that this is so obviously happening as a result of highly populist anti-European pressures. All this sends a discouraging message, one which is deeply negative and contrary to the Europe that we need," he added.

Portuguese MEP Carlos Coelho (EPP group) said: "I share the feeling that we need more solidarity and a better sharing of responsibilities among member states. Good control of external borders is essential: when this is not the case, it weakens the Schengen area, undermines the Union's credibility and destroys mutual trust."

"I favour a true Schengen evaluation mechanism to verify compliance with the rules and border controls and to identify problems, help resolve them and, if necessary, temporarily reintroduce border controls," said Coelho.

Speaking on behalf of BusinessEurope, which represents private sector employers, Peter Vertessy highlighted the benefits of legal migration into the EU: "The benefits of labour migration to the EU are undisputable. Not only is Europe's workforce shrinking as a result of population ageing, migrant workers also bring valuable skills and ideas and help to fill job vacancies where Europeans are unable or unwilling to do so."

"They make our economies more dynamic by starting up businesses, creating jobs and contributing to economic growth. The EU should do more to attract in particular highly-skilled migrants, he added.

Speaking for the European Conservatives and Reformists (ECR) group, UK MEP Timothy Kirkhope told EurActiv: "It is inevitable that EU countries will find migration from third countries to be particularly useful in plugging shortages in the labour market."

"However, decisions of this nature regarding numbers of migrants ought to be determined by national governments in a manner that is kept under constant review," he added.

"If there are skills shortages in the market then national governments' first priority, working with the EU, should be to provide suitable training to fill the gap," he insisted.

Kirkhope noted that the UK government has plans to introduce a cap or ceiling on the number of migrants that will be admitted from countries outside the EU.

Next steps: 
  • 12 May: Justice and Home Affairs ministerial meeting.
  • 9-10 June: Justice and Home Affairs ministerial meeting.
  • 21 June: General Affairs ministerial meeting.
  • 23-24 June: EU summit.
Background: 

Last February, Italy declared a humanitarian emergency on the Mediterranean island of Lampedusa after 4,000 people had arrived there by boat from Tunisia following a popular revolt that ousted the president.

Since then, civil war in Libya has added to the immigration pressure on Lampedusa, where an estimated 25,000 immigrants have arrived since the beginning of the 'jasmine revolutions'.

In April 2011, France reintroduced internal border checks with Italy to restrict the mobility of North African immigrants who hold temporary residence permits issued by Italy and who have entered the EU from Tunisia as a result of revolutions and war in the southern Mediterranean region.

France's move caused a diplomatic row between the two countries, as well as reactions by other EU member states and at EU level.

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