EU opens debate on economic migration

On 11 Jan 2005 the Commission adopted a Green Paper, “On an EU approach to managing economic migration”. The aim is to stimulate a debate on how best to regulate the entry and residence of third-country nationals who are seeking employment in the EU.

Ageing EU population

The 2003 Communication pointed out that the EU population, due to decreased fertility rates and longer life expectancy, is ageing, leading to a likely fall in the working population in the 25 states from 303 million to 297 million by 2020. A smaller labour force means less economic growth: economic migration is therefore necessary for sustained economic growth. It must also be noted that, increasingly, there is competition from other economic blocks for migrant labour.

Sectoral labour shortages

In recent years there have been consistent reports of labour shortages in particular sectors, notably IT, health services and construction. This raises the question of whether there should be a horizontal approach (common rules for all entry) or a sectoral or fast-track approach allowing short-term or quick entry for workers to cope with such shortages.

Illegal immigration

A long-term policy is required to allow economic migration to take place legally: currently, in many EU countries labour shortages are filled by illegal immigrants. To enhance the exchange of information on illegal immigration patterns, the Commission is setting up a computer network named ICONET, which will transmit early warning messages relating to illegal immigration. 

National v EU rules

The right of each member state to regulate their own level of immigration continues to be recognised by the EU. In the Green Paper the Commission accepts this but states the need for a harmonised set of procedures and criteria for admission which would still leave member states discretion on the number of migrants to admit. 

Green card/work and residence permits

The Green Paper seeks to open a wide discussion on the scope of entry permission which should be granted at EU level. The possibility is raised of the introduction of a US-style ‘green card’ which would give an individual the right to work throughout the EU. But on what basis would such a card be issued: immediately on fulfillment of certain criteria or only on the renewal of an existing long-term permission? And how would such a card interact with member state residence and work permits? Or, should there be no EU level permission, leaving member states to issue their own permits? 

Admission procedures

The Green Paper raises the question of whether there should be a ‘community preference rule’, i.e. a third-country national will only be admitted if there is no national resident who could fill the position. Allied to this is the question of whether admission would only be allowed for a specific job or whether there could be a system of more flexible ‘green cards’ allowing admission for a type of employment or admission for those who fulfil certain skills criteria (education, language skills, years work experience etc.).

Rights and Integration 

An individual admitted into the EU to work must have a secure legal status, guaranteeing certain economic and social rights. The question raised is whether different rights should be granted according to length of stay. A concomitant of this is the question of how migrants should be helped to integrate into their new communities (language and social training schemes). Also to be considered is the question of the return of temporary workers to their countries of origin and the obligations, if any, of the home/host countries in this respect. 

In September 2005, the Commission published a communication setting out a common agenda for integration.

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The European Parliament has only a consultative role in this policy field, immigration being seen as a senstive national issue. However MEP Ewa Klamt prepared an own-initative report in response to the Jan 2005 Commission green paper. The report was debated in the civil liberties committee on 5 October 2005. The committee heavily amended the report to highlight the positive aspects of immigration and the paramount need for policies which promoted integration.

The view of the Commission is that common harmonised rules across member states are needed, but only at a minimum level at present. Justice Commissioner Franco Frattini said, "I believe that Europe needs to identify clear conditions and rules for legal economic migration in order to fight illegal immigration," but this would not amount to "unrestricted economic migration".

The Migration Policy Institute welcomes the introduction of the idea of integration for economic migrants, but sees the proposals as minimalistic, hampered by member states anxiety to retain sovereignty on immigration policy. "Legal immigration channels and immigrant integration are left almost entirely to the member states, showing that the political will to truly have a European immigration policy is still lacking."

December 18 remains committed to pushing for a universal legal framework giving minimum standards for the protection of the rights of migrant workers. 

Third-country nationals working in the EU, both employed and self-employed, contribute significantly to the EU economy: there are some 5 million such workers currently resident in EU states. However, rules for admitting economic migrants differ significantly across the member states, causing administrative headaches both for individuals seeking employment and businesses seeking to employ third-country workers.

With the adoption of the Amsterdam Treaty in 1999, immigration came within the competence of the EU and since then efforts have been underway to formulate common EU rules. In 2001, the Commission proposed a directive which sought to lay down common criteria for admission and provide a single national application procedure. However, the proposal did not meet with approval from the Council.

In June 2003 the Commission published a communication on the subject highlighting the need for a long-term policy on economic migration. In November 2004, the Commission adopted the Hague Programme, which pledged to provide an area of freedom, security and justice to citizens of the EU.

At the 2 June 2005 employment council, EU ministers debated the Green Paper. It was decided that there should be an EU-level framework, setting out common principles but respecting member states' responsibilities under the subsidiarity principle.  They identified three main unresolved issues:

  • specific measures on minimum admission standards and accelerated admission;
  • entry only for  specific need versus more flexible approach;
  • need for synchronisation between immigration procedures and integration into society.

In December 2005, the Commission put forward a policy plan on legal migration setting out actions for the next four years to fulfill the mandate of the Hague programme. There are four areas:

  • legislative: There will be a general framework directive detailing basic rights of immigrant workers and four specific directives dealing with the conditions of entry and residence for different types of workers (e.g. seasonal workers; highly skilled);
  • non-legislative tools: These will be for the exchange of information i.e. European Migration Network (EMN); European job mobility portal (EURES); proposed new immigration portal.
  • integration: measures contained in the 2005 common framework for integration will be followed up.
  • third countries: work that needs to be done in conjunction with third countries on issues such as return programmes, combatting brain drain, professionsal training and linguistic programmes for aspirant migrants.
  • The December 2005 Policy Plan sets out measures for the next 4 years:
    • framework directive on migrants' rights
    • four directives covering specific work sectors 

 

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