No C 339/82 Official Journal of the European Communities 31. 12. 91 
Opinion on the status of migrant workers from third countries 
(91/C 339/15) 
At its plenary session of 24 April 1991 the Economic and Social Committee adopted an Own-
initiative Opinion on the Status of Migrant Workers from Third Countries. 
The Economic and Social Committee Bureau proposed, under the terms of the third paragraph 
of Article 20 of the Rules of Procedure, that an additional Opinion be drawn up on the status 
of migrant workers from third countries. 
The Section for Social, Family, Educational and Cultural Affairs, which was responsible for 
preparing the Committee's work on the subject, adopted its Opinion on 11 September 1991. 
The Rapporteur was Mr Amato. 
At its 289th plenary session (meeting of 26 September 1991) the Economic and Social 
Committee adopted the following additional Opinion by 48 votes to 2, with 36 abstentions. 
1. Foreword 
1.1. On 24 April 1991 the Committee adopted an 
Opinion setting out the rationale, guidelines and general 
aims of a Community policy on immigration, and more 
particularly the status of migrant workers from third 
countries. 
1.2. The present Opinion seeks to offer specific pro­
posals on economic and social integration, free move­
ment, voluntary return to the country of origin, infor­
mation and Community coordination. 
2. Economic and social integration and free movement 
2.1. Definitions 
2.1.1. By 'integration' policy—a term which has 
become established in Community terminology—we 
mean a policy designed to promote the economic and 
social insertion of immigrants. The term 'integration' 
does not imply a challenge to immigrants' cultural 
identity, and should not be confused with 'assimilation'. 
2.1.2. Community policy on integration and free 
movement, as discussed in the present Opinion, covers 
immigrants from third countries who are legally resi­
dent in the Community. For a definition of the term 
'immigrant', the reader is referred to point 2.3 of the 
Committee Opinion of 24 April 1991. 
2.1.3. In accordance with the international conven­
tions covering migrant workers, sailors from third 
countries who are employed on ships of the Community Member States are not considered as immigrants for 
the purposes of this Opinion. 
2.2. Principles 
2.2.1. A Community policy of integration and free 
movement should be founded on the principle of equal 
rights and equal opportunities for legally resident immi­
grant workers from third countries. 
2.2.2. Key points of reference here are provided by 
Conventions 97/49 and 143/75 of the International Lab­
our Organization (ILO), which both affirm this prin­
ciple, and Recommendation 151/75/EEC on equal 
opportunities and treatment on the labour market; the 
Convention on protection of the rights of all immigrant 
workers and their families, approved at the UN General 
Assembly of December 1990, takes a similar line. 
2.2.3. All Member States should make an immediate 
common commitment to ratify these Conventions. Such 
a step would facilitate the framing of a Community 
policy on the subject pending their ratification by the 
Community. 
2.2.4. An integration policy must clearly also be 
founded on the principle of equal obligations, i.e. full 
respect by immigrants for legislation and other regulat­
ory provisions, on the same terms as Community 
nationals. 
2.3. A Community legal framework 
2.3.1. On the basis of the abovementioned principles, 
a Community legal framework should be drawn up 
which: 
a) lays down the rights of immigrants from third 
countries; 
31. 12. 91 Official Journal of the European Communities No C 339/83 
b) fosters adaptation (inter alia on the basis of inter­
national conventions) of EC legislation and approxi­
mation of Member States' legislation on residence, 
employment and living conditions of immigrants; 
c) provides effective measures to combat illegal and 
undeclared work, use of middlemen, and trafficking 
in labour. As in previous Opinions, the Committee 
emphasizes the need for an EEC Directive laying 
down preventive and dissuasive measures to curb 
the various forms of illegal work, inter alia on the 
basis of ILO Convention 143/75 and the above-
mentioned UN Convention; 
d) promotes the fight against racism and xenophobia. 
The Committee stresses the need for an effective, 
fully committed Community policy, based for exam­
ple on codes of conduct and legislation in line with 
Article 14 of the European Convention for the Pro­
tection of Human Rights and Fundamental Free­
doms. 
2.4. Immigrants' rights 
2.4.1. The Community should affirm and pursue 
equality of rights between EC and non-EC workers as 
an independent political choice. 
2.4.2. Firstly the Community should accept the prin­
ciple of extending the Community social charter to 
immigrant workers and their families. If the basic social 
rights of workers enshrined in the charter are to be 
more than just key Community principles, and are to 
be translated into minimum EC conditions for workers 
in order to avoid distortions of competition between 
firms in different Member States, then these basic rights 
must also apply to immigrant workers from third 
countries. 
2.4.3. As regards extension of the Community social 
charter to immigrant workers, it should be specified 
that: 
a) The extension to immigrants of some of the basic 
social rights enshrined in the charter is implicit and 
in general is already operative in the Member States; it can thus be made immediately operative for all 
immigrants (e.g. right to equal pay). 
b) Some national legislations do not currently allow 
immigrants full exercise of some basic social rights 
(e.g. access to employment). Common arrangements 
and conditions should therefore be laid down at 
Community level to avoid discrimination in the 
exercise of these rights. 
c) It is out of the question for some of the rights 
enshrined in the Charter (e.g. right of workers to 
free movement) to be extended automatically to all 
immigrants. A gradualist approach should be used, 
with these rights only being guaranteed in the case 
of permanent residents. 
d) Lastly, exercise of some rights is inevitably affected 
by the existence of special conditions (in the social 
security field, for example, this would include the 
existence of any bilateral agreements with the 
countries of emigration). 
2.4.4. Secondly, the basic rights which are not 
included in the charter because they are peculiar to 
immigrants should also be defined (right to be joined 
by other family members, right to protect one's cultural 
identity, etc.). Here too, a gradualist approach is 
needed, deciding which rights also apply to temporary 
immigrants and which are reserved for permanent resi­
dents. 
2.4.5. On the basis of these considerations, the 
abovementioned Community legal framework should 
define, as an adjunct to the Community social charter, 
the arrangements and conditions under which immi­
grants are guaranteed exercise of their collective rights. 
2.5. Adaptation and harmonization of legislation 
2.5.1. In the Committee's view, this should be pur­
sued in two stages: 
a) Definition, on the basis of the rights listed above, 
of a common core of provisions. These would 
include EC rules on freedom of movement, and 
minimum thresholds for national legislation on the 
economic and social integration of migrants. These 
thresholds must be set at a level which is high 
enough to ensure a real EC social area and labour 
market. 
No C 339/84 Official Journal of the European Communities 31. 12. 91 
b) Upward alignment of national legislation, building 
on the above common core of legislation. 
2.6. Preliminary proposals for the definition of a com­
mon core of legislation on immigrant workers 
from third countries 
2.6.1. Residence 
Immigrant workers should be guaranteed the right of 
residence, once the legal conditions for acquiring this 
have been met. 
The rules on the duration of temporary residence 
(maximum two years, as indicated in ESC Opinion 
571/89 of 27 April 1989) should be standardized, as 
should those for obtaining permanent residence. 
Permanent residence should be granted automatically 
after two years of temporary residence. 
It should not be possible to revoke temporary or perma­
nent residence on economic grounds. Expulsion of 
legally resident immigrants should only be possible on 
penal or security-related grounds. 
Acquisition of residence should be the only condition 
for access to all other rights. This access will however 
draw a distinction between temporary and permanent 
residence. 
2.6.2. Reunification of families 
To ensure that immigrant workers with a right of 
permanent residence are genuinely entitled to be joined 
by their families (spouse, children under 18, other 
dependent offspring, dependent relatives in the ascend­
ing line), procedures should be simplified, a time-limit 
should be set for their completion and all administrative 
conditions other than that of the permanent residence 
of the petitioner should be abolished. 
Family members authorized to join the immigrant 
should be granted permanent residence; this gives them 
access to the exercise of other rights (access to employ­
ment, education, integration into society, health care, 
social security, and so on). 
The spouse of an immigrant worker who stays in a 
Member State after divorce, death or departure of the partner should not lose his or her resident status pro­
vided that he or she has had that status for at least two 
years. 
2.6.3. Mobility within the Community 
Immigrants legally resident in a Member State should 
be able to move within the Community as freely as EC 
nationals. Immediate steps should therefore be taken 
to abolish visa requirements for journeys within the 
Community. 
Pending the removal of border controls at the Com­
munity's internal frontiers, immigrants resident in a 
Member State should be issued a document entitling 
them to move freely within the Community. 
Once internal borders have been removed, travel by 
immigrants resident in a Member State should not be 
subject to any time-limits or administrative require­
ments which do not apply to EC nationals. 
2.6.4. Free movement of immigrant 
workers 
Immigrant workers from third countries who have been 
legally resident in a Member State for two years or 
longer should have the right of access to employment 
in another Member State. Such immigrant workers 
should be treated in the same way as Community 
workers, in accordance with EC legislation on the free 
movement of workers. 
In such cases, the immigrant worker and his family 
should be granted temporary residence by the second 
Member State. This could subsequently be made perma­
nent in line with the conditions set out in 2.6.1. 
2.6.5. Access to employment and the 
labour market 
Legal residence (even if temporary) should entitle immi­
grant workers to benefit from the same employment 
and training services as the Member State offers to 
other workers. Work and business permits specifically 
designed for immigrants should be abolished. 
Legislative and administrative provisions which dis­
criminate against immigrant workers in terms of job 
mobility, recognition of qualifications, employment and 
training services, and job-creation and enterprise 
schemes, should also be abolished. They should be 
31. 12. 91 Official Journal of the European Communities No C 339/85 
replaced by provisions to prohibit and combat this type 
of discrimination. 
Immigrant workers should also be eligible for employ­
ment in the public sector (except in 'sensitive' sectors 
and posts) in their Member State of residence. 
2.6.6. Equal treatment 
EC and Member States' legislation should grant immi­
grant workers (including those with temporary resi­
dence) the right to the same treatment (equal pay, 
working conditions, social security and health care) as 
EC workers. 
To ensure that immigrants in the different Member 
States have equal possibilities of retaining the rights 
acquired in their countries of origin, the Community 
should gradually conclude bilateral agreements with 
these countries on social security for migrant workers. 
These agreements should apply in all Member States. 
Equal treatment should also extend to social protection 
measures (minimum guaranteed income, family allow­
ance, unemployment benefit, disablement benefit, etc.) 
and social assistance. It will be up to Community legis­
lation to establish which of these measures should be 
reserved for immigrants with permanent residence. 
2.6.7. Education and vocational training 
The right of immigrant children to attend state schools 
and to follow the normal curriculum should be backed 
by provisions to help them integrate and to provide 
support, in particular with a view to perfecting their 
command of the host country language. This would 
help cut the number of immigrant children (including 
second generation) who fail to achieve academic success 
and drop out of the education system. 
Immigrant workers' access to language courses and 
vocational training does not depend solely on non­
discriminatory legislation. Positive measures are also 
required, including special programmes for women. 
Common rules must also be established for the recog­
nition of qualifications acquired in the country of ori­
gin, both for purposes of employment and for immi­
grants who wish to continue their studies. 2.6.8. Housing 
All legally resident immigrant workers should be 
guaranteed the right of access to accommodation. 
Whilst it is acceptable for temporary immigrants to 
be housed in short-term accommodation, permanent 
immigrants must be guaranteed the right to benefit 
from public housing policies on the same terms as 
Community nationals. 
2.6.9. Health care 
Member States' health services should guarantee health 
care, under the same conditions as nationals, to all 
legally resident immigrant workers, including tempor­
ary residents, and their families. 
2.6.10. Safeguarding culture of origin 
and cultural identity 
The right of immigrants to maintain and enhance their 
cultural identity, to practise their religion and to deepen 
their knowledge of their country of origin should be 
enshrined in a common legislative base, as the meeting 
of different cultures may help to contribute to the 
cultural heritage. This right should be exercised in a 
manner which will not create tensions between cultures. 
2.6.11. Civil and political rights 
The gradual acquirement of civil and political rights 
goes hand in hand with integration in the host country. 
Common rules are needed to help the immigrant to 
play an informed part in this process, not only by 
removing any obstacles but also by offering him positive 
assistance and certain guarantees. 
The first right to be guaranteed to all immigrants, 
including those with temporary residence, is the right of 
association, as this is the first step towards integration. 
Association in this context means association both 
between immigrants and in the organizations of the 
host country (trade unions, leisure associations, cultural 
and religious associations). 
2.6.12. Granting of citizenship 
Precise rules, simple procedures, and definite time limits 
No C 339/86 Official Journal of the European Communities 31. 12. 91 
should be applied for the granting of citizenship to 2.8. 
immigrants from third countries. nee 
Citizenship completes the body of rights reserved for 
nationals. It is thus particularly important that it should — 
leave no room for discrimination. Any discrimination 
which did occur should be punishable by law. 
2.6.13. Right of appeal 
Regulations guaranteeing the rights of immigrants 
would be incomplete without the right of appeal against 
decisions on the abovementioned rights, particularly as 
regards access to resident status, employment and social 
integration, and expulsion. 
Community and national regulations should specify 
procedures for appeal to the relevant authorities. 
2.7. An active integration policy 
It is a known fact that discrimination and obstacles 
which prevent immigrants from becoming economically 
and socially integrated are caused not only by laws, but 
also by entrenched behaviour patterns and situations. 
These non-legislative obstacles can only be eliminated 
by a vigorous policy of ensuring social, economic and 
civil integration. 
The Community's role should be twofold: 
a) coordination of active national policies; 
b) establishment of a Community programme of posi­
tive action to promote the economic and social 
integration of immigrants, guided by the rights out­
lined above and targeted against discrimination. 
2.8. Initial proposals for a Community programme of 
positive action to promote the economic and 
social integration of immigrants 
2.8.1. A Community programme of this sort must 
take account of the differing patterns of immigration. 
An in-depth study should first be made of the distri­
bution of immigrants within the Community, so that 
action can then be appropriately targeted. 2.8.2. The Committee lays particular stress on the 
need to ensure: 
— That third country immigrants have full access to 
all EC cultural education and training programmes, 
and all programmes designed for young people. 
— An active employment policy for immigrants, based 
on special programmes of language tuition and 
vocational training, including programmes to cater 
for the training needs of women. 
— That health services take account of the fact that 
immigrants often have different disease patterns 
and respond differently to illness. Supplementary 
programmes and information campaings could per­
haps be devised to help immigrants make informal 
use of the national health services; this would be 
particularly helpful for more recent immigrants who 
have come to join relatives, or for asylum seekers. 
— That short-term accommodation is available for 
temporary immigrants and asylum seekers. 
— That local bodies receive help with district planning, 
to avoid excessive concentrations of immigrants in 
certain areas; this adversely affects both the overall 
social balance and the integration of the immigrants 
(formation of ghettoes). 
— That positive action is taken to reduce the number 
of immigrant children who are academically unsuc­
cessful or drop out of education. 
— That positive action is taken to help women and 
young people (including second-generation immi­
grants) to integrate in civil, social and cultural life. 
— That initiatives are taken to help immigrants deepen 
their knowledge of their country and culture of 
origin. 
— That knowledge of these countries and cultures is 
promoted among Community nationals (in schools, 
the work-place, the media and so on). Such know­
ledge is vital to help stamp out racial, religious and 
cultural prejudice and discrimination. 
3LLu^l COfficial]ournal of the European communities ^oCh33^B 
— That reception centres are set up, ^r^r^^v^ith the 
help ofthe social partners, to help immigrants hy^ 
a) providing information and advice on economic 
matters, employment, access to social and v^el 
fare services, and thefulfilmentof legal ohli 
gations^ 
h) providing social assistance for immigrants suf 
fenng hardship, 
c) promoting initiatives to improve relations 
between the immigrant community and the local 
population, and to foster mutual understandings 
d) providing premises for the activities of immi 
grants^associations, 
— That immigrants^associations receive support v^hen 
implementing information programmes and 
schemes to promote integration. 
— That immigrants and their associations have access 
to legal advice. 
3, Assistance with voluntary return to the country of 
origin 
3BL Temporary immigration remains common, and 
in some cases is on the increase. It mayoccur because 
individualimmigrantsplantoreturntotheir country 
of origin later,or it may be dictated by the requirements 
of the community labour market, provided that the 
immigrant is legally employedandlegally resident in 
accordance with the principles and rules outlined above, 
temporary immigration could be positively encouraged 
by means of common procedures and instruments. 
3,^, Teople who migrate individually often have 
trouble fitting in with local labour market needs. Emi 
gration in many cases proves unsuccessful, with the 
attendant nsl^ of creating widespread areas of aliens 
ation. 
3,3, In order to help temporary immigrants and 
crossdrontier commuters (seasonal workers or other 
wise) to find more permanent solutions, and help unsucD 
cessful immigrants, the committee considers that com 
mon procedures and instruments should be devised in 
such cases to assist with voluntary return to the home 
country and reintegration there. 3.3,1. This should notonlyentailtheprovisionof 
mformationandguidance,butalsothepromotionof 
projects (e,g, small business development) as part of 
development cooperation. 
^, horizontal aspects of community immigration 
policy 
^,1, ^^^^r^o^ 
^,1.1. The community must devise information pro^ 
cedures and instruments for use within the EC^ and in 
the countries of emigration, 
^,1,^, The information should be designed to^ 
— mal^eEC^ citizens (and young workers and students 
inparticular) awareof the reasons for migration 
and its patterns, on the basis of the economic, 
socialandcultural circumstancesof the countries 
of emigration, 
— provide guidance for intending immigrant workers 
in third countries, with details of conditions and 
opportunities in the EC^asawhole, for both perma 
nent and temporary migrants, 
— inform immigrants already in the EC^ of their obh 
gations and nghts,of reception facilities and mte 
gration possibilities, and of opportunities for main 
taming and enhancing their ethnic cultures, 
^.1,3, Immigrants^associations should playaspecial 
role,providmglinl^agebetweenthehostcountry and 
the country of origin, although this role should not 
extend beyond the overriding aim of protecting and 
promoting their members^mterests. 
^,1. A community policy of the type outlined here 
calls for EC^ coordination of national policies,Asafirst 
step in this direction, exchanges of information and 
experience should be stepped up, 
^.^, ]omt action and research(with the emphasis 
on information and guidance) would be made easier if 
each member ^tatehadasmgle authority responsible 
No C 339/88 Official Journal of the European Communities 31. 12. 91 
for immigration problems, and there were EC level 
coordination between these national bodies. 
4.2.3. The Community should also devise criteria 
and procedures for regularizing the position of clan­
destine immigrants in the various spheres of activity 
and Member States. 
4.2.4. The Community should also play a coordinat­
ing role to ensure that Member States adopt a similar 
line in international bodies tackling immigration policy 
and the question of immigrant workers. 
5. Community powers and instruments 
5.1. Before establishing a Community immigration 
policy, it is necessary to: 
— make the best use of the present institutional powers 
of the Community, on the basis of full implemen­
tation of the Guidelines for a Community policy on 
migration laid down by the Commission in 1985, 
and the relevant Council Resolution, 
— identify and fully implement the duties incumbent 
on the Commission from the direct application of 
the rules on non-discrimination contained in Co­
operation and Association Agreements, 
Done at Brussels, 26 September 1991. — define the changes which should be made to the 
Treaty by the intergovernmental conference on pol­
itical union. 
5.2. At all events the Committee considers that if the 
Council has the political will, the proposals set out here 
could be implemented within the present framework of 
Community responsibilities. 
5.2.1. This is feasible not only by means of co­
operation between Member States under Article 118 of 
the Treaty and the Court of Justice judgment of 
9 July 1987, but also by the adoption of Community 
legislation. 
5.2.2. The measures proposed here which affect 
Member States' legislation could also be translated into 
binding legal instruments. A number of Treaty articles 
could be used in justification, including Articles 3 C, 
100, 100 A and 235. 
5.3. Community responsibilities on immigration pol­
icy will obviously have to be specified more precisely 
when amendments are made to the Treaty at the 
intergovernmental conference on political union. 
Although the Committee is aware of the present politi­
cal problems, it considers that rules on free movement 
of workers and other citizens should be explicitly 
extended to third country migrants. Immigration pol­
icy, in all its various aspects, should be fully incorpor­
ated among the Community's social policy responsi­
bilities. 
The Chairman 
of the Economic and Social Committee 
Francois STAEDELIN