Opinion of the Committee of the Regions on the "Green Paper on a Community return policy on illegal residents"
Date: 2002-11-20
Institutions: European Committee of the Regions
Subjects: EU migration policy, migration, repatriation grant, residence permit, restriction of liberty

26.3.2003

EN

Official Journal of the European Union

C 73/13

Opinion of the Committee of the Regions on the ‘Green Paper on a Community return policy on
illegal residents’

(2003/C 73/04)

THE COMMITTEE OF THE REGIONS,

having regard to the European Commission Green Paper on a Community return policy on illegal
residents (COM(2002) 175 final);

having regard to the decisions of the Tampere, Laeken and Seville European Councils (October 1999,
December 2001 and June 2002 respectively);

having regard to the European Commission’s decision of 11 April 2002, under the first paragraph of
Article 265 of the Treaty establishing the European Community, to consult the Committee on this matter;

having regard to its Bureau’s decision of 6 February 2002 to instruct the Commission for External
Relations to draw up an opinion on the matter;

having regard to its opinion (1) of 16 May 2002 on the Communication from the Commission to the
Council and the European Parliament on a common policy on illegal immigration (2), the Proposal for a
Council Decision adopting an action programme for administrative cooperation in the fields of external
borders, visas, asylum and immigration (ARGO) (3), the Communication from the Commission to the
Council and the European Parliament on an open method of coordination for the Community
immigration policy (4), the Proposal for a Council Directive on minimum standards for the qualification
and status of third-country nationals and stateless persons as refugees or as persons who otherwise
need international protection (5), the Commission Working Document — The relationship between
safeguarding internal security and complying with international protection obligations and instruments (6),
and the Communication from the Commission to the Council and the European Parliament on the
common asylum policy, introducing an open coordination method (7);

having regard to the draft opinion (CdR 242/2002 rev.) adopted by the Commission for External
Relations on 26 September 2002 (rapporteur: Mr Van den Brande (B-EPP), member of the Flemish
Parliament);

whereas the Committee of the Regions emphasises the importance and necessity of common standards
and measures on the return of illegal residents in the European Union within the context of a coherent
Community asylum and immigration policy;

whereas a refugee and migration policy must be conducted against the backdrop of a macroeconomic
policy that is geared towards sustainable growth and a more balanced distribution of wealth worldwide;

whereas local and regional authorities are key players in receiving and providing services for asylum
seekers, refugees and immigrants,

unanimously adopted the following opinion at its 47th plenary session held on 20 and 21 November
2002 (meeting of 20 November).

(1) CdR 93/2002 fin — OJ C 278, 14.11.2002, p. 44.
(2) COM(2001) 672 final.
(3) COM(2001) 567 final — 2001/0230 (CNS).
(4) COM(2001) 387 final.
(5) COM(2001) 510 final — 2001/0207 (CNS).
(6) COM(2001) 743 final.
(7) COM(2001) 710 final.

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EN

Official Journal of the European Union

26.3.2003

1. The Committee of the Regions’ views

The Committee of the Regions

is pleased that the Commission Green Paper is seeking
1.1.
to open a discussion on such a complex and sensitive subject
as the return of illegal residents in the Union;

1.2.
agrees that the common return policy is an integral
part of the Community asylum and immigration policy and
that a return policy is necessary to secure a legal and
humanitarian admission policy. Laying down common stan-
dards for expulsion, detention and removal is a precondition
for the adoption of a binding system among the Member
States for the mutual recognition of return decisions;

1.3.
regrets, however, the failure so far to develop an
approach — or take measures — in the field of legal migration,
despite the fact that this could help curb and discourage illegal
immigration;

1.4.
feels that, as part of any return policy, particular
importance must be attached to respect for human rights and
human dignity and to fundamental
freedoms. The 1950
European Convention for the Protection of Human Rights and
Fundamental Freedoms, the 2000 Charter of Fundamental
Rights of the European Union and the inclusive terms of the
1951 Geneva Convention should be applicable in this context.
In order to give more concrete form to the return policy,
account should be taken of the recommendation on this issue
of the Council of Europe Parliamentary Assembly (1);

1.5.
agrees with the Commission that absolute priority
must be given to voluntary return. Paramount importance
must be attached to measures to further sustainable return,
with particular regard being given to reintegration into the
country of origin. A return policy must also focus on
mechanisms that encourage those concerned to return to their
country of origin;

1.7.
emphasises that, in cases of forced return — which
should only be carried out in cases where people refuse to
return voluntarily — particular attention must be paid to
protecting vulnerable people such as minors, children and
persons separated from their families, pregnant women and the
seriously ill. Forced return must take place under transparent
conditions so that it can be monitored by the appropriate
bodies;

thinks that an effective return policy is concomitant

1.8.
with a fast, efficient and high-quality asylum procedure;

recognises that a return policy can only succeed with
1.9.
the collaboration of the countries of origin, and thus endorses
the idea of incorporating readmission clauses into association
and cooperation agreements. The European Union will have
to provide assistance to the countries of origin through various
support schemes in order to facilitate the integration of
returnees;

level

notes that local authorities and regions are involved
1.10.
at a practical
in receiving and providing services for
asylum seekers and refugees and make a special effort with
limited resources to be of practical assistance. It is therefore
not only desirable but also necessary that local and regional
authorities should be involved as full partners in the further
framing,
implementation and monitoring of the common
return policy;

1.11.
notes that many European municipalities are already
liaising with local authorities in the countries of origin and
have thus acquired first-hand knowledge that may be of use in
reintegrating returnees;

1.12.
would stress that information exchange is the first
step towards any fully-fledged common return policy. Local
and regional authorities, including those from the candidate
countries for accession, must be involved in any such exchange.

1.6.
attaches tremendous importance to voluntary return
programmes, but is duty bound to note that potential benefici-
aries are not sufficiently aware of them. These programmes
must offer tangible incentives both to the parties concerned
and to the countries of origin (training, economic integration,
involvement in development programmes etc.). In order to
ensure sustainability of return, follow-up is also needed in the
country of origin;

2. CoR recommendations

The Committee of the Regions

( 1) REC 1547 (2002) — 2002 Session — First Part — ‘Expulsion
procedures in conformity with human rights and enforced with
respect for safety and dignity’.

2.1.
calls for urgent action to develop a European approach
and work out common measures in the field of legal immi-
gration, since clarity on this front will, in the short run,
discourage illegal immigration;

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Official Journal of the European Union

C 73/15

proposes

2.2.
that, with a view to approaching the
migration process in its entirety, partnership agreements be
concluded with the countries of origin and transit, covering
political, social, economic and cultural matters and also the
relationship between migration and development;

would like voluntary return to be expressly recognised
2.3.
as a basic principle of the common return policy, with forced
return regarded as an exceptional measure;

urges that the return of illegal EU residents should
2.4.
show absolute respect for human rights and human dignity.
Cases of forced return must be subject
to humanitarian
monitoring by the appropriate bodies;

would advocate that, with regard to the removal of
2.5.
illegal EU residents, account be taken of the recommendation
of
the Council of Europe Parliamentary Assembly (REC
1547(2002));

2.6.

recalls the ban on collective expulsions;

2.7.
deplores the institutionalised practice of detaining
illegal EU residents and considers that the detention period
must be limited to the time needed to arrange for departure. It
must also be stressed that children and minors have no place
in detention centres;

2.9.
calls on the Commission to make use, in connection
with return and reintegration programmes, of the first-hand
that European municipalities have acquired
knowledge
through cooperation activities in countries of origin and to
diffuse this knowledge and experience as a guide to good
practice;

2.10.
asks that more studies be carried out and more
data compiled on the outcome of ongoing voluntary return
programmes, and that these be used to draw lessons for future
policy. Clearly, a practical approach and content is crucial to
these programmes’ success. Consideration must also be given
to the extent to which local and regional authorities can play
a role in this process;

2.11.
proposes that improvements be made in mutual
information exchange between Member States with the partici-
pation of local and regional authorities, including those from
the candidate countries;

2.12.
urges that the European Union provide support for
Member States’ return programmes where these relate to
voluntary return and focus on reintegrating returnees. The
European Union must also ensure better coordination and
approximation of these programmes;

trusts that

2.8.
local and regional authorities will be
involved as full partners in framing, implementing, monitoring
and assessing the common return policy;

calls for the provision of reception facilities for
2.13.
returnees in the country of origin and proper support to ease
and secure reintegration and guarantee respect for human
rights.

Brussels, 20 November 2002.

The President

of the Committee of the Regions

Albert BORE