B4-0999, 1023, 1040, 1047, 1061, 1065, 1066 and 1069/96

Resolution on expulsions of illegal immigrants

The European Parliament,

- having regard to the Geneva Convention of 28 July 1951 on the Status of Refugees,

- having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms,

- having regard to the Council Recommendations of 22 December 1995 on combating illegal immigration and illegal employment,

- having regard to its previous resolutions on immigration and the right of asylum and in particular its resolution of 21 September 1995 on the Communication from the Commission to the Council and the European Parliament on immigration and asylum policies (COM(94)0023 - C3-0107/94) ((OJ C 269, 16.10.1995, p. 156.)),

- having regard to its previous resolutions on racism, xenophobia and antisemitism,

A. having regard to the realities of immigration in Europe and the presence on the territory of the Union of immigrants whose situation is not in order,

B. deploring the incidents that have taken place in recent months in some European Union Member States, in particular France, Spain and Belgium,

C. whereas developments in the immigration laws of certain European Union Member States have led to a considerable deterioration in the situation of certain immigrants; whereas a large number of immigrants have lost their right of residence and thus become illegal,

D. whereas the right of families to live together is guaranteed under the Geneva Convention,

E. shocked by the fact that some immigrants who have been expelled from the European Union have been executed or arrested because of their beliefs on their return to their original country,

1. Reaffirms the need to guarantee under any circumstances respect for human rights and humane treatment of illegal immigrants, particularly in the fields of health and education;

2. Believes that any return of illegal immigrants to their country of origin must be conditional on information which is known to be true concerning respect for their safety and basic rights in their country of origin and takes account of their economic and social reintegration into their country;

3. Calls on the Member States to deal with the question of illegal immigrants on a case-by-case basis, avoiding any summary procedure and treating all cases equally from the outset;

4. Asks the Council to take measures to strengthen concerted action by the Member States on policies relating to illegal immigrants;

5. Criticizes the Council's recourse to recommendations, which are not mentioned under Title VI of the TEU, and on which the European Parliament was never consulted; points out that this practice results in a lack of parliamentary control, since the 'Europeanization¨ of the subject results in the exclusion of national parliaments, at the same time as there is no accountability to the European Parliament;

6. Instructs its competent committee to carry out a thoroughgoing study into the legislation and practices on expulsion and refoulement policies in the Member States of the European Union and to draw up a detailed report; calls on the competent Commission departments and the committee set up under Article K.4 of the EU Treaty to lend their assistance in this study;

7. Condemns vigorously any statements which promote distrust towards immigrants and enhance the credibility of those who encourage a demagogic policy of exclusion and xenophobia;

8. Calls on the Member States to introduce harsher penalties for all those who exploit immigrants and take advantage of their precarious situation;

9. Instructs its President to forward this resolution to the Council and the Commission.