Opinion of the Economic and Social Committee on:the Communication from the Commission to the Council and the European Parliament on an open method of coordination for the Community Immigration Policy, and (COM(2001) 387 final)the Communication from the Commission to the Council and the European Parliament on the Common Asylum Policy, introducing an open coordination method (COM(2001) 710 final)
Date: 2002-05-29
Institutions: European Economic and Social Committee
Subjects: European social policy, action programme, admission of aliens, approximation of laws, immigration, integration of migrants, migratory movement, refugee, right of asylum

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Opinion of the Economic and Social Committee on:

— the ‘Communication from the Commission to the Council and the European Parliament on

an open method of coordination for the Community Immigration Policy’, and

(COM(2001) 387 final)

— the ‘Communication from the Commission to the Council and the European Parliament on

the Common Asylum Policy, introducing an open coordination method’

(COM(2001) 710 final)

(2002/C 221/12)

On 21 January 2002, the Commission decided to consult the Economic and Social Committee,
under Article 262 of the Treaty establishing the European Community, on the above-mentioned
communications.

The Section for Employment, Social Affairs and Citizenship, which was responsible for preparing the
Committee’s work on the subject, adopted its opinion on 13 May 2002. The rapporteur was Ms zu
Eulenburg.

At its 391st plenary session of 29 and 30 May 2002 (meeting of 29 May), the Economic and Social
Committee adopted the following opinion by 106 votes in favour, none against and one abstention.

1.

Introduction

2. Gist of the proposals

1.1.
In December 2001, the Laeken European Council,
drawing on the October 1999 Tampere conclusions, reiterated
the intention of adopting a common asylum and immigration
policy. The purpose of such a policy is to maintain the balance
between (i)
the protection of refugees under the Geneva
Convention, (ii) the desire for a better life and (iii) the reception
capacity of the Union and the Member States. However, the
debate about Commission initiatives on this front so far
— draft regulations and directives, only a few of which have
as yet been adopted — has shown that some Member States
still have a hard time reshaping their national agenda in a way
that is conducive to a common policy.

1.2.
The need for a common policy based on the Tampere
objectives of creating an area of freedom, security and justice
remains beyond dispute. Community policy has to bear in
mind two aspects: (i) immigration for humanitarian reasons
and to reunite families, and (ii) migration for economic or
professional reasons.

1.3.
The Committee has studied the Commission proposals
and initiatives closely and made detailed submissions on them.
It has broadly welcomed the initiatives so far and encouraged
the Community to press ahead — in a spirit of humanitarian-
ism and solidarity — with the work that is now under way.

2.1. Coordination of immigration policy

2.1.1.
Building on the Communication on a Community
immigration policy, the Commission concludes that, as an
adjunct
to the legislative measures provided for under
Articles 61-69 of the EC Treaty, the open coordination method
is an appropriate means of reflecting the multi-dimensional
aspects of migratory phenomena, the large number of different
actors involved and the responsibility of Member States.

2.1.2.
The purpose of this method is to coordinate appli-
cation of the proposed European legislation in the Member
States — and to supplement the common policy that emerges
as a result — in order to help ensure the further, coherent
development of the key components of a common immi-
gration policy in line with joint rules.

2.1.3.
The planned guidelines tie in with the Tampere
objectives and cover the following areas: management of
migration flows; admission of economic migrants; partnership
with third countries; and the integration of third-country
nationals.

2.2. Coordination of asylum policy

2.2.1.
In the field of asylum policy, the open coordination
method is designed to assist and complement the Community
legislation required by the Treaty, accompanying and smoo-
thing the transition to the second stage of the common
European asylum system. At the same time as establishing the
legislative framework, the Commission is seeking to:

— formulate proposals for European guidelines and for the

content of national action plans,

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— coordinate national policies,

— promote the exchange of best practice,

— monitor and evaluate the impact of Community policy,

— organise regular consultations with third countries and

international organisations.

2.2.2.
The guidelines focus on the following areas: infor-
mation about movements of refugees and asylum-seekers;
the development of an efficient asylum system that offers
protection to those who need it in line with the Geneva
Convention; returns; relations with third countries; and inte-
gration/inclusion.

3. General comments

3.1.
The Committee welcomes the use of the open coordi-
nation method in immigration and asylum policy as an
additional mechanism to develop and support the common
legislative framework. It regrets that Community legislation is
advancing only slowly.

it

the policy area involved. For one thing,

Use of this method stems from the distinctive features
3.2.
of
facilitates
cooperation and exchange among the Member States prior to
definitive legislation. It is also important for the transposition
of future Community law. For another thing, all Member States
face similar difficulties in connection with immigration, albeit
to a greater or lesser extent, and with differing degrees of
importance. The trans-European nature and the ‘transferability’
of the problems at hand warrant closer cooperation based on
common objectives and guidelines.

3.3.
Asylum and immigration policy are closely connected.
Action in one area has an impact on the other. Past experience
has shown that moves designed to place a stop on immigration
have resulted in a greater influx by other means (e.g. via
asylum systems), and in undesirable developments such as
illegal
immigration, smuggling and trafficking. Despite this
correlation, the Committee feels that the open coordination
method should be modulated to reflect the requirements of
immigration policy on the one hand, and asylum policy on
the other — not least because asylum and refugee policy is
already substantially determined by international obligations
such as the Geneva Convention on refugees, and because both
Article 63 of the EC Treaty and the Tampere conclusions
envisage more practical harmonisation steps and objectives.
Moreover, humanitarian concerns should not be confused
with immigration policy objectives.

3.4.
The Committee underscores how important it is that
the common legislative framework for immigration and
asylum policy should move forward at the same pace. The
Committee feels it would be wrong if Member States were to
agree on the (if anything) restrictive measures under the
common policy, without, at the same time, deciding on
constructive action in pursuit of an overall approach.

3.5.
Exact data are essential to assess and evaluate the
immigration situation in the Member States. Despite the
availability of statistics and figures in the Member States about
immigration and asylum seeker movements, no comparable
data exist at European level. One reason for this is the differing
terminology and definitions that are used. The Committee
would therefore recommend that joint statistical procedures
and systems be worked out to facilitate assessment.

The Committee would deplore a situation in which use
3.6.
of the open coordination method resulted in a failure to
implement upcoming legislative measures. The open coordi-
nation method does not replace the legislative framework that
is to be established. Where this method is applied therefore,
progress made in implementing legislation in the Member
States should also be included in the guideline process.

4. Specific comments

4.1. Coordination of immigration policy

4.1.1.
The proposed guidelines draw on — and seek to
foster — the objectives of common immigration policy
legislation. Given demographic requirements, the guidelines
rightly stress the need for procedures able (i) to link immi-
gration and asylum policy on the one hand, and economic and
social policy on the other, and (ii) to make clear the correlation
between the two.

4.1.2. M a n a g e m e n t o f m i g r a t i o n f l o w s

4.1.2.1. Guideline 1: Developing a comprehensive and co-
ordinated approach to migration management at
national level

4.1.2.1.1.
The Committee endorses the approach set out in
this guideline. However, it feels that this ought not to be a
mere technical analysis. Migration management procedures
must never lose sight of the dignity of the people affected by
the measures.

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4.1.2.2. Guideline 2: Improving information available on
legal possibilities for admission to the EU and on
the consequences of using illegal channels

4.1.3.2. Guideline 4: Establishing a coherent and transparent
policy and procedures for opening the labour market
to third-country nationals within the framework of
the European employment strategy

4.1.2.2.1.
This guideline covers a key factor in preventing
illegal or clandestine immigration. Reliable information about
legal immigration options is however conditional on a wide-
ranging, plausible approach to the immigration issue. Infor-
mation campaigns are worthless without a clear and trans-
parent legal framework that is also applied in practice.

4.1.3.2.1.
It is important to consider the contribution
migrants can make to the labour market, both in terms of
social integration and with a view to fostering receptiveness
towards them. The Committee welcomes the role to be given
to non-governmental organisations and migrants’ associations.

4.1.2.3. Guideline 3: Reinforcing the fight against illegal
immigration, smuggling and trafficking

4.1.2.3.1.
This guideline addresses promoting an approach
based on a balance between humanitarian responsibilities,
lawful immigration and the fight against criminal smuggling
and trafficking networks. The proposed measures however
— tracking, sanctions and stepped-up controls — do not deal
fully with the issue. In its opinions on the Communication on
a Community immigration policy (1), and the Communication
on the common policy on illegal immigration (2) the Com-
mittee points out the key need to legalise the situation of
people who, not least as a result of restrictive immigration
policy, are living a clandestine existence within the Com-
munity.

4.1.2.3.2.
Illegality arises not only because people have
entered a country illegally. Depending on the legal basis in the
individual Member States,
the loss of existing rights of
residence can also place people in an illegal situation.

4.1.2.3.3.
The Committee feels that the guideline process
should also consider (i) the living conditions of foreigners and
their families who are illegally resident in the Member States,
and (ii) exchanges between Member States on what legalisation
(regularisation) measures are feasible and appropriate.

4.1.3. A d m i s s i o n o f e c o n o m i c m i g r a n t s

for instance,

The Committee welcomes the opening-up of the
4.1.3.1.
European labour market to managed, demand-based immi-
gration. It has studied and assessed the relevant proposed
directives on,
the conditions of entry and
residence of third-country nationals for the purpose of paid
employment and self-employed economic activities (3). The
Committee recommends a more pro-active and rapid approach
to providing opportunities for legal immigration, and also
attaches tremendous importance to cooperation with the
countries of origin.

( 1) OJ C 260, 17.9.2001.
( 2) EESC opinion adopted on 24.4.2002.
( 3) OJ C 80, 3.4.2002.

4.1.3.2.2.
The Committee agrees that particular attention
must be paid to the situation and needs of migrant women. It
proposes special consideration for this issue in the Employ-
ment Guidelines in a bid to combat discrimination and foster
social integration through both access to employment and
equal opportunities.

4.1.4.

P a r t n e r s h i p w i t h t h i r d c o u n t r i e s

4.1.4.1. Guideline 5:

Integrating migration issues

into
relations with third countries, and in particular with
countries of origin

4.1.4.1.1.
This guideline ties in closely with political, econ-
omic and social issues, and with questions of development
policy and human rights. In its opinion on a Community
immigration policy (1) the Committee noted key elements of
the partnership: increased support for economic and human
development in the countries of origin; enhanced mobility
between countries of origin and host countries; and support
for voluntary return measures.

The measures proposed under Guideline 5 are
4.1.4.1.2.
important
factors in a common approach to migration.
Particular attention should be paid to measures to promote
mobility between Member States and third countries.

4.1.5.

I n t e g r a t i o n
n a t i o n a l s

o f

t h i r d - c o u n t r y

4.1.5.1. Guideline 6: Ensuring the development of

inte-
gration policies for third-country nationals residing
legally on the territories of the Member States

Vigorous backing must be given to social inte-
4.1.5.1.1.
gration policies by pursuing a forward-looking approach to
fostering integration. The success of a common immigration
policy indisputably depends on integrating migrants into the
host country. The basic elements of this are fair treatment,
equal rights and obligations, equal opportunities, measures to
combat discrimination, raised public awareness and partici-
pation in public life.

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It

is vital

4.1.5.1.2.
long-term
The purpose of a comprehensive,
integration policy must be to ensure that migrants can take an
equal part in the life of society (participation and equal
opportunities).
to promote all areas of social
integration, both separately and interactively, including the
labour market, education, language, culture and social and
legal integration. Another key aspect of integration is partici-
pation in public life by virtue of certain civic rights — and
civic duties.
Integration policy must be understood as an
ongoing task of social policy.

4.2.2.2.
Another useful longer-term option might be to
establish a documentation centre for relevant information on
countries of origin and case law, that is open to all decision-
makers and to all those working in the immigration field as it
relates to asylum policy.

4.2.3.

S e c o n d
e f f i c i e n t a s y l u m s y s t e m

g u i d e l i n e :

D e v e l o p i n g

a n

4.1.5.1.3.
The measures outlined in this guideline pick up
on these elements for developing an integration policy. It is
particularly important to foster language learning — an
essential condition of successful integration. Knowledge of the
language is essential to be able to take part in the cultural,
social and political life of the host country. Equally, improving
the possibilities for learning foreign languages in the Member
States can also play a major part in getting to know each other
and understand each other better and thus in promoting the
reception and integration of migrants.

4.1.5.1.4.
The Committee endorses the special role given
to local and regional actors, the social partners, civil society
and migrants themselves in developing and implementing
such integration strategies. In many Member States, it will be
possible to draw on the experience of existing networks and
social services involved in providing migrants with care and
advice.

4.2. Coordination in asylum policy

4.2.1.
The Committee considers the proposed guidelines
helpful in achieving a more coherent common asylum policy.
Although migration and refugee policy are interdependent
and, in terms of immigration, can also be linked, the reception
of refugees for humanitarian reasons should not be subject to
the social, economic and demographic requirements of a
common immigration policy.

4.2.2.

g u i d e l i n e :

F i r s t
u n d e r -
s t a n d i n g o f m i g r a t o r y f l o w s c o n n e c -
t e d w i t h h u m a n i t a r i a n a d m i s s i o n s

I m p r o v i n g

Understanding migration flows, and the causes and
4.2.2.1.
reasons behind it, is a key factor in assessing future policies
and strategies. Political action can be improved by developing
mechanisms for the exchange and use of information and
analysis. Helpful pointers on this front can also be given by
those non-governmental organisations that care for refugees
in the Member States and are also heavily involved in social
and economic development in many countries of origin.

4.2.3.1.
The Committee would draw attention to the points
made in its opinions on the Communication: Towards a
common asylum procedure and a uniform status, valid
throughout the Union, for persons granted asylum (1) and on
the Proposal for a Council Directive laying down minimum
standards on the reception of applicants for asylum in Member
States (2) which, in essence, back up the Commission proposals.

4.2.3.2.
The Committee welcomes the proposed measures
designed to foster the development of an efficient asylum
system. It will be particularly important to work out common
criteria for lodging applications. In its opinion on the Proposal
for a Council Regulation establishing the criteria and mechan-
isms for determining the Member State responsible for examin-
ing an asylum application lodged in one of the Member States
by a third-country national (3), the Committee points out the
need for appropriate harmonisation in order to reduce the
significance of those factors that influence an asylum-seeker’s
choice of country in which to lodge his or her application. In
terms of working out common criteria, this aspect should in
particular be addressed as part of the guideline process.

4.2.4. T h i r d g u i d e l i n e : I m p r o v i n g t h e e f f e c -
t i v e n e s s o f t h e p o l i c y o n r e t u r n s

4.2.4.1.
Immigration policy and management should also
always contain a returns strand, based on consultation and
cooperation with the countries of origin and transit, and the
principle that return should be voluntary. The experience of
Member States and non-governmental organisations — for
instance with return programmes — should be taken into
account here.

4.2.4.2.
The procedures for involuntary repatriation men-
tioned under point d) should not be linked with a returns
policy based on cooperation,
free choice and
support.

flexibility,

(1) OJ C 260, 17.9.2001.
(2) OJ C 48, 21.2.2002.
(3) EESC opinion of 20.3.2002.

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4.2.5.

F o u r t h g u i d e l i n e :
I n c l u d i n g m a t t e r s
r e l a t i n g t o i n t e r n a t i o n a l p r o t e c t i o n
i n r e l a t i o n s w i t h t h i r d c o u n t r i e s

4.2.5.1.
Just as with immigration policy, relations with
third countries have an important role in issues of international
protection; particular attention must therefore be given to the
external dimension.

4.2.6.

F i f t h g u i d e l i n e : E n s u r i n g t h a t p o l i -
c i e s a r e f r a m e d t o p r o m o t e t h e i n t e -
g r a t i o n o r i n c l u s i o n o f b e n e f i c i a r i e s
o f i n t e r n a t i o n a l p r o t e c t i o n i n a M e m -
b e r S t a t e

The importance of integration has already been
4.2.6.1.
noted in connection with immigration policy. The proposed
measures — such as taking account of the special needs
of children and unaccompanied minors or ensuring the
participation of the various social and civil players at local and
regional level — are key elements of an effective integration
policy.

4.2.6.2. With regard to the measures under point f) in
particular — i.e. to provide health services for victims of
violence, trauma, torture or any other form of inhuman or
degrading treatment — many schemes are in place in the
Member States that could serve as useful models.

open coordination method must not however result in a delay
in applying the legislative framework laid down in the Treaty
and confirmed in Tampere. Member States are called upon to
press ahead without delay with the steps that are deemed
necessary and right.

5.2.

Inclusion of the candidate countries

5.2.1.
Consideration must be given even at this stage to
including the candidate countries in the guideline process. The
open coordination method would make it possible — even
before the establishment of any framework for lawmaking —
to introduce cooperation measures that may be useful in
achieving certain objectives (such as managing migration flows
or developing an efficient asylum system), while at the same
time bearing in mind the particular circumstances of every
country involved, without making excessive demands on them.

5.3.

Involving civil society

5.3.1.
The experience over many years of associations, non-
governmental organisations and social partners in providing
migrants and refugees with social advice, care and support is
vital. The organisations working in the Member States have
the requisite aid arrangements in place to help foster the
reception, acceptance and integration of migrants. They must
be involved as equal partners in the discussion process,
especially with regard to the action plans at national, regional
and local level.

5. Conclusion/summing up

5.4. The public

5.1. Application of the proposed legislative framework

5.1.1.
The open coordination method is a good way to
achieve coherence between the various national policies. It
should be used to enable the Member States to move forward
together towards the objectives defined in Tampere — a
European area of freedom, security and justice. Use of the

The Committee again notes the need for action (i) to
5.4.1.
raise public awareness of
immigration requirements and
the concerns of migrants (both for economic and also for
humanitarian reasons), (ii) to secure a favourable climate of
acceptance and (iii) to help combat racism and xenophobia.
However, such measures can only be successful if they are also
backed by political leaders and are reflected in political action.

Brussels, 29 May 2002.

The President

of the Economic and Social Committee

Göke FRERICHS