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European Council agrees JHA work programme for 2005-2010

Published 08 November 2004 - Updated 29 January 2010
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EU heads of state and government have agreed a new five-year programme for closer co-operation in justice and home affairs. Asylum and migration policy top the agenda.

Asylum and immigration were again high on the agenda of the European Council held on 4-5 November 2004 which led to the adoption of the new five year multiannual programme for the field of freedom, justice and security. If approved as expected by the Parliament, the recently nominated JHA Commissioner Franco Frattini will have to work on the following key measures:  

  • develop a common European asylum system with a common asylum procedure and a uniform status for those who are granted asylum or protection by 2010
  • define measures for foreigners to legally work in the EU in accordance with the needs of the labour markets 
  • establish a European framework to guarantee the successful integration of migrants into host societies
  • reinforce partnerships with third countries to better tackle illegal immigration
  • establish a policy to expel and return illegal immigrants to their countries of origin   
  • use of biometrics and information systems

Other main measures concern the strengthening of security by improving exchange of information and reinforcing Europol and the strengthening of justice.

Heads of state and government have agreed to use qualified majority decision-making and co-decision in the fields of asylum, immigration and border control issues by April 2005. Legal immigration will remain as an exception to this rule.

During the summit, UK Prime Minister Tony Blair was urged not to use the UK’s 'opt-out' over asylum and immigration to undermine Europe’s new era of cross-border co-operation. The President of the European Council Jan-Peter Balkenende said there had to be "one reality" in Europe on asylum and immigration policy: "We are stressing the importance of following the same line. That is the message to the UK."  

Positions: 

In their final declaration,  EU leaders   said that the second phase of development of a common policy in the field of asylum, migration and borders "should be based on solidarity and fair sharing of responsibility including its financial implications and closer practical co-operation between member states".  

Ruud Lubbers, the UN high commissioner for refugees, urges the EU to share responsibilities with the developing countries where most of the world's refugees are sheltered. He warns that if EU plans aim to shift the burden to developing countries, "not only will they be doomed to failure, they will also seriously undermine the global refugee system, to the detriment of everyone including the EU itself."   

Kathalijne Buitenweg , a Member of the Parliament's Civil Liberties, Justice and Home Affairs Committee, said: "A common asylum procedure within the EU must fully recognise our international obligations and be based on high standards of delivery. Complementary to this is support for the region of origin. We believe that nationals from the biggest refugee-producing countries should not be met with the same strict visa requirements as people generally face, when entering the EU, but 'only' should identify themselves with the proper travel documents."   

 

Next steps: 

The Hague Programme defines the measures to be implemented in the area of freedom, security and justice for the years 2005-2010.

The European Council will review progress on the Hague Programme in the second half of 2006.

Background: 

The first stage of the so-called 'Tampere' agenda ended in May 2004. The five-year agenda, agreed at the Tampere EU Summit of 1999, set out the basis for the EU's goal of constructing an 'Area of Freedom, Security and Justice' across the Union. In June 2004, the Commission presented a Communication taking stock of the implementation of the Tampere agenda and setting future guidelines for a new justice and home affairs agenda for the years to come. The Commission's overall assessment of the progress made on justice and home affairs is positive, notably in the field of civil and criminal co-operation. 

Justice and interior ministers discussed the new multi-annual programme for the area of freedom, security and justice, during Council meetings on 19 July and 25-26 October 2004 as well as during an informal Council meeting on 30 September and 1 October.

The Dutch Presidency has produced a new draft programme for justice and home affairs (now referred to as 'freedom, security and justice') for the years 2005-2010, the so-called 'Hague Programme'.

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