Commission issues proposals to tackle problem of illegal migrants

In mid May 2007, the European Commission published its proposals on migration policy, which include sanctions on employers of third-country nationals who are illegally resident in an EU Member State. These sanctions represent a new direction for the EU, in both facilitating short-term legal migration and in restricting unauthorised migration.

European migration policy

On 14 May 2007, the European Commissioner for Justice, Freedom and Security, Franco Frattini, announced the proposed new Comprehensive European Migration Policy (see also ‘Crackdown on exploitation of illegal workers’). The policy aims to offer legal alternatives to illegal migration, while at the same time imposing criminal penalties on employers who repeatedly subject their workforce to ‘slave-like’ working conditions. On 16 May 2007, a draft directive on sanctions (see also press release) against employers of illegal third-country nationals was presented, which aims to ensure that all Member States introduce similar penalties for employers who infringe the directive and that they also effectively enforce such penalties.

The policy will mean that those employing migrant workers will have to verify the employees’ right to work and notify the relevant local authorities of their employment. It aims to intensify efforts to reduce the informal economy, which is identified as ‘a clear pull factor for illegal migration, as well as a catalyst for exploitation’ (Presidency conclusions, 14–15 December 2006 (215Kb PDF)).

This new migration policy will enable the EU to act in ‘a coherent and efficient manner to respond to the challenges and opportunities related to migration’. It aims to both harness the benefits of legal migration and also provide strategies to combat illegal migration and human trafficking, where female workers are particularly at risk. This policy is based on the general principles of subsidiarity, proportionality, solidarity and respect for the different legal systems and traditions of Member States and encourages genuine partnerships with third countries in an effort to regulate and control migration streams. In this regard, the Commission recognises that there is a need to deal with migration ‘in the overall socioeconomic context of a Europe that is increasingly characterised by skill and labour shortages, competition for highly-skilled workers in an ever more globalised economy and accelerating demographic ageing of the European population’.

Fostering mobility partnerships

The policy emerges in a context where it has been estimated that just 2% of European companies are monitored with regard to their employment policies on migrant workers. The aim of the Commission’s policy is to reverse this situation, first of all by establishing ‘mobility partnerships’ with countries outside the EU. On 16 May 2007, the Commission published two communications to encourage joint efforts to tackle illegal immigration. The first Communication on Circular migration and mobility partnerships between the European Union and third countries (COM(2007) 248) is intended to ensure that circular and temporary migration is facilitated and, at the same time, that it is better adapted to the specific labour market needs of EU Member States.

Mobility partnerships have been developed through ministerial encounters. The EU’s initial focus has been on Africa, whose migration pathways have led towards Member States. This led to the first ever EU-African Ministerial Conference in Tripoli, Libya, on 22–23 November 2006, which launched a partnership on migration and development. Preparations are underway for the first ministerial meeting on migration in the framework of the Euro-Mediterranean partnership in November 2007.

The second Communication, Applying the global approach to migration to the eastern and southeastern regions neighbouring the European Union (COM(2007) 247), makes recommendations for enhancing dialogue and cooperation with counties in these regions on a range of migration issues. Mobility partnerships with third countries will also deal with short stays, within the framework of the EU common visa policy. The intention is to encourage the use of short-term visas that will allow migrants to move between countries, thus contributing to their country of origin’s economy, while also assisting Member States in meeting their labour and skill shortages. Such partnerships also aim to lift the visa obligation when a third country is not considered to pose a risk of illegal immigration or a threat to public order.

Forthcoming EU legislation on migration

These documents form part of a growing body of proposals on migration that are currently in preparation. The two communications will be followed by four proposals for directives, setting out EU rules for highly-skilled and seasonal workers, remunerated trainees and intra-corporate transferees. The Commission will also present a general framework directive on the legal status of third-country workers admitted to a Member State. Draft directives on both the conditions of admission for high-skilled workers and the rights of legal immigrants in employment, together with the EU’s Third Annual Report on Migration and Integration, will be presented in September 2007.

Sonia McKay, Working Lives Research Institute