Opinion of the European Economic and Social Committee on the "Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions on immigration, integration and employment" (COM(2003) 336 final)
Date: 2003-12-10
Institutions: European Economic and Social Committee
Subjects: ESC opinion, EU migration policy, employment policy, immigration, integration of migrants

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Opinion of the European Economic and Social Committee on the ‘Communication from the
Commission to the Council, the European Parliament, the European Economic and Social
Committee and the Committee of the Regions on immigration, integration and employment’

(COM(2003) 336 final)

(2004/C 80/25)

On 3 June 2003 the Commission decided to consult the European Economic and Social Committee,
under Article 262 of the Treaty establishing the European Community, on the above-mentioned
communication.

The Section for Employment, Social Affairs and Citizenship, which was responsible for preparing the
Committee’s work on the subject, adopted its opinion on 25 November 2003. The rapporteur was
Mr Pariza Castaños.

At its 404th plenary session of 10 and 11 December 2003 (meeting of 10 December), the European
Economic and Social Committee adopted the following opinion by 117 votes with six abstentions.

1. Summary and conclusions

1.1.
The EESC considers the Commission Communication
to be necessary in view of the present lack of coordination
Its global
between the Member States on immigration.
approach, taking account of all elements involved in immi-
gration and integration, is the right one. The document is very
positive since, as the Committee has suggested in a number of
opinions and at the September 2002 conference, it defines
integration as a key aspect of European immigration policy.
Integration is necessary for both economic efficiency and
social cohesion.

1.2.
The EESC is pleased to note that all the delegations
attending the Employment, Social Policy, Health and Con-
sumer Affairs Council on 20 October welcomed the Com-
mission Communication as a good starting point for future
work. The EESC has asked the Committee of Permanent
Representatives to draw up a set of conclusions to be presented
to the Council session in December. The EESC will contribute
to the Council’s work with this opinion.

Integration is a two-way process within which both
1.3.
immigrants and the host society have certain rights and
obligations. It implies bringing immigrants’ rights and duties,
as well as access to goods, services and means of civic
participation, progressively into line with those of the rest of
the population, under conditions of equal opportunities and
treatment. Under the terms of subsidiarity and cooperation,
all public authorities — European, national, regional and
municipal — need to develop integration policies.

with the approach of linking immigration policy and the
Lisbon process, European employment strategy and social
inclusion plans.

1.5.
Employment is essential to the integration of immi-
grants. The objectives of Lisbon and the European Employment
Strategy to create more and better jobs must include immi-
grants. The social partners and public authorities must work
together to prevent immigrants suffering from discrimination
in the area of salaries and working conditions.

1.6.
The social partners and all social organisations must
be prepared to make new commitments and cooperate with
Community, national, regional and local authorities in promot-
ing integration and equal treatment.

1.7.
The Thessaloniki European Council adopted a balanced
focus, in line with the agreement reached at Tampere: new
Community policies and greater
coordination between
national policies are needed to improve the integration of
immigrants. However, the Brussels Council failed to adopt any
concrete initiatives.

1.8.
The Council must step up its work to adopt the
expected legislative package on immigration. The EESC hopes
that the joint legislation will be drafted bearing in mind
European Parliament and European Economic and Social
Committee opinions. If this is to be achieved, the Member
States must inject more flexibility into their present positions,
legislation which is both
which allow only for minimal
inadequate and inappropriate for a common European immi-
gration policy. The recently adopted Directive on the right to
family reunification (2003/86/EC) does not do enough to
promote integration and the Council failed to take account of
the EESC Opinion (1).

1.4.
If properly managed, immigration will help the EU to
achieve the objectives of economic growth, job creation and
competitiveness which were agreed at Lisbon. The EESC agrees

(1) See the EESC Opinion on this in OJ C 241, 7.10.2002.

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The Member States must speed up the full transposition
1.9.
into national legislation of the two anti-discrimination direc-
tives (Directives 2000/43/EC and 2000/78/EC). The Council
and Commission must press the Member States to amend
national legislation and appeal to the Court of Justice of the
European Communities in the event of non-compliance.

The EESC proposes that

1.10.
the Commission could
manage a European integration programme, equipped with
sufficient economic resources and within the framework of
coordination of national policies, and stresses how important
it is that the Council grant the Commission the political,
legislative and budgetary means needed to promote the
integration of immigrants. The EESC highlights the importance
of establishing positive and effective immigrant arrival pro-
grammes in cooperation with civil society organisations.

1.11.
The EESC welcomes the fact that the Thessaloniki
Council, at the Commission’s suggestion, agreed to enhance
the coordination of national policies on immigration, but
considers that these undertakings should be only the first
step in implementing an open method of coordination, as
previously proposed by the Commission and backed by the
Committee (1).

1.12.
begin in four areas:

The Committee believes that coordination should

— integration of

immigrants in the labour market

(as
part of the European Employment Strategy), including
training;

— programmes for recently arrived immigrants;

— language learning;

— involvement of immigrants in civic, cultural and political

life.

1.13.
The Commission is to draw up an annual report on
immigration and integration, reflecting the national reports.
The European Economic and Social Committee intends to draw
up opinions on these reports, with the aim of contributing to
better European coordination and the dissemination of good
practice. The EESC will continue to listen to the views of civil
society organisations when drawing up its opinions.

2.

Introduction

2.1.
In September 2002, in cooperation with the Com-
mission (JHA), the European Economic and Social Committee
hosted a conference attended by the social partners and the
major NGOs of the 15 Member States and 10 accession

countries. The aim was to place integration at the centre of
European immigration policy. The opinion (2) on immigration,
integration and the role of civil society organisations served as
a basis for the work of the conference.

One of

the conclusions of

2.2.
the conference was a
proposal for a European programme for the integration of
immigrants and refugees.
In his closing remarks, Com-
missioner António Vitorino expressed his agreement with the
proposal made by the EESC to adopt integration as one of the
Union’s key objectives over the coming years within the
framework of a common immigration and asylum policy. He
also announced that a programme of preparatory work was to
be drawn up to help further integration over the period 2003-
2005.

The Communication from the Commission on immi-
2.3.
gration,
integration and employment contains several pro-
posals and comments made by the EESC in its various
opinions and taken from the work done at the aforementioned
conference. This once again demonstrates the excellent cooper-
ation between the Commission and the EESC on such matters.

The EESC would like to indicate its satisfaction at the
2.4.
Communication issued by the Commission;
it is a sound
starting point to lend momentum to the social integration
policies for immigrants across the European Union. The
Communication is a key document
for giving a clearer
future focus to European immigration policy, and is warmly
welcomed by the Committee.

By placing immigration policy within the context of
2.5.
the Lisbon strategy and European employment and social
cohesion policy, whilst promoting the integration of immi-
grants, the Council will be able to take on a more active role
within the legislative process and adopt a more positive
attitude towards future management of migratory movements,
set to increase over the coming years.

3.

Immigration, employment and social cohesion in
the context of population change and the Lisbon
objectives

3.1. Migration has been an integral
feature of human
communities throughout history. The progress achieved by
communities and civilisations cannot be understood without
studying migration. Today, the migratory processes of large
numbers of people are a significant and positive force for
economic, social and cultural development,
in both the
countries of origin and the host countries.

(1) See the EESC opinion on an open method of coordination, OJ

C 221, 17.9.2002.

(2) OJ C 125, 27.5.2002.

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It must be remembered that immigration is the result
3.2.
not only of economic and employment needs within Europe,
but also of the demographic situation, economic and social
inequalities and political instability in the third countries from
which immigrants and refugees originate. Cooperation with
countries of origin on the management of migratory move-
ments must therefore be improved as part of the EU’s overall
foreign policy (1).

The ageing population will also have a negative effect
3.5.
on the sustainability of our social welfare systems (8). The
EESC agrees with the Commission’s view that well-managed
immigration may prevent a decrease in employment and
contribute to enhancing the viability of our pension systems.
This must, however, take place within the framework of a
proper employment policy, and the objectives and reforms
laid down in Lisbon.

the EU’s working-age population is set

Europe’s population is growing older (2) and in the
3.3.
short term this trend is set to continue. Current data indicate
that
to decrease
considerably. Although the current employment rate in some
countries still has some room for growth, we must accept that
in all of the current Member States and the accession countries
the working-age population is on course for a sharp decline
over the coming years (3). When drawing up these figures,
Eurostat took account of a small amount of immigration
(roughly 630 000 people entering the EU each year).

3.4.
There is no doubt that this reduction in the number of
people of working age will lower the employment rate and
curb economic growth, unless productivity rises at a faster rate
than at present (the current rate is a mere 1,2 %) (4). It is
therefore necessary to bear in mind that the demographic
situation of the EU poses new and major challenges for the
Lisbon objectives. The demographic situation (5) could have a
negative impact on economic growth and competitiveness in
Europe. A comparison of European with US data for growth
in the working-age population, generated by higher immi-
gration (6), shows that Europe is also at a disadvantage in this
regard (7). The EESC would like the Commission to draw up
new reports on the forecast level of immigration and its
macro-economic impact.

(1) See the EESC Opinion on the Proposal for a Regulation of the
European Parliament and of the Council establishing a programme
of financial and technical assistance for third countries in the area
of migration and asylum, OJ C 32, 5.2.2004.

(2) See the information report on The demographic situation in the

EU and future prospects.

(3) Eurostat has indicated that in the enlarged Europe of 25 Member
from 303 to

States,
the working-age population will
297 million by 2020, and to 280 million by 2030.

fall

(4) Data provided in point 2.3 of the Commission Communication.
(5) European Commission’s Annual Economic Review 2002.
(6) The US population grew by 33 million between 1990 and
2000. Between 1995 and 2000, immigration accounted for 40 %
of population growth.

(7) Commission report on data provided by the UN, Ameco and

Eurostat.

3.6. While the unemployment rate in some sectors con-
tinues to be high, other professional categories, both highly-
qualified and low-skilled, in certain sectors and in specific
countries are experiencing a shortage of labour and have
already turned to labour immigration as a solution.

As these trends worsen over the coming years, both
3.7.
individual businesses and Member States as a whole will be
faced with the challenge of attracting and employing new
immigrants with the right qualifications, so as to ensure a
sound balance on their labour markets. This strategy will
enable Europe to take advantage of all existing employment
opportunities and as such improve economic growth within
the framework of the Lisbon objectives.

3.8.
The Lisbon European Council and subsequent spring
Councils have undertaken to create new jobs by increasing the
employment rate of women, men and older people (9) and by
introducing the reforms to the labour markets and social
protection systems needed to achieve these objectives. In the
EESC’s view, the Lisbon strategy needs to be strengthened (10).
In some Member States, for example, women can make a
greater contribution to economic growth by increasing their
rate of participation in the labour market; public and private
investment in lifelong learning (11) will also increase workers’
capacity to adjust to new vocational requirements. Opening
up labour markets to new immigrants should not be used by
governments to avoid the reforms laid down in the Lisbon
strategy.

(8) See the EESC opinions on the Commission Communication on
supporting national strategies for safe and sustainable pensions
through an integrated approach, OJ C 48, 21.2.2002, and on
options for the reform of pension schemes, OJ C 221, 17.9.2002.
(9) See the EESC own-initiative opinion on older workers, OJ C 14,

16.1.2001.

(10) See the EESC exploratory opinion on the Lisbon strategy and
the EESC opinion on the Commission Communication on
strengthening the social dimension of
the Lisbon strategy
(COM(2003) 261 final).

(11) See the EESC opinion on lifelong learning, OJ C 311, 7.11.2001.

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The EESC has stated in several opinions that further
3.9.
progress must be made in developing common immigration
legislation and would once again ask the European Council to
push ahead with new legislation, in particular the Directive on
the conditions of entry and residence of economic immigrants,
based on the Commission proposal and taking account of the
views of the EESC (1).

3.10.
EU enlargement to include ten new Member States
will not considerably affect Europe’s demographic pyramid for
the next few years.

3.11.
The Commission’s view in this respect tallies with
that of the Committee, i.e. unless a more open approach to
legal immigration is adopted — bearing in mind the forecasts
for the Union’s employment situation and labour markets —
illegal
increase across the EU, exceeding
current levels and bringing with it the associated economic,
employment-related and social problems.

immigration will

3.12. Well-managed labour immigration will bring new
professional qualifications and individual skills to the labour
markets of the EU, thus enhancing their overall flexibility. The
authorities will have to consult the social partners in order to
ensure that labour immigration is managed in accordance with
the employment and social practices of the Member States
and based on coordination of the EU’s employment and
immigration policies.

3.13.
Immigration is one of the answers to the problem of
an ageing workforce. Action must also be taken in other areas
to boost the birth rate. Measures such as family benefits, a
better balance between family life and career, and childcare
services would help. The demographic impact of
these
measures will be felt in the long-term. A considerable increase
in immigration will be necessary over the coming decades in
order to ensure that the current and future needs of Europe’s
labour markets can be met.

Some political decision-makers believe that labour
3.14.
immigration will be temporary in nature. There is no doubt
that some labour immigration will indeed be temporary or
seasonal, but past migratory processes and current demo-
graphic developments indicate that a large number of immi-
grants will remain in the EU for longer periods or indeed
indefinitely. Integration must therefore be the centrepiece of
European immigration policy. Europe’s economic efficiency
and social cohesion will depend on the success of integration.

4. The Thessaloniki and Brussels European Councils

4.1.
The Communication was presented to the Thessaloniki
European Council, which met on 19 and 20 June 2003. In its
conclusions the Council advocates ‘the development of a
policy on the integration of third-country nationals legally
residing in the territory of the European Union’. Since Tampere,
this is the first time that integration policy has received the
same weighting as other aspects of immigration policy, such
as border controls and foreign policy,
in the conclusions
drawn up by a European Council on the issue of immigration.
While integration had already emerged as one of the main
pillars of immigration policy at the Tampere European Council
of October 1999, no concrete content had thus far been
decided, the Council deeming measures in other areas, such as
border control and illegal
to be of greater
urgency.

immigration,

4.2.
The EESC therefore welcomes the priority status given
by both the Commission and the Council to social integration
as part of the common immigration policy. Nonetheless, it
points out that the conclusions of the European Council of
Thessaloniki are still a considerable step away from the main
thrust of the Commission proposal.

The Council covered some important issues, such as
4.3.
determining some specific features of
integration policy,
undertaking to define basic common principles, and the need
to improve coordination and exchange information. It invited
the Commission to present an annual report on immigration
and integration, and adopted a favourable stance to allowing
social organisations to participate in drawing up measures to
facilitate integration.

4.4.
However, no mention was made of other highly
important aspects, such as the Commission’s proposal to
introduce a system of civic citizenship. Moreover, as the
Council believes integration measures to be the remit of the
Member States, it did not adopt any policies of its own to
cover the European level. Although the Council did not adopt
the Commission’s proposal to introduce an open method of
coordination for immigration policy, a proposal which was
supported by the EESC (2), it has stipulated that the Member
State’s policies ‘should be developed within a coherent EU
framework’. The EESC trusts that the Council will take this
idea further in the future and adopt a truly open method of
coordination for both immigration and integration.

The Council must provide the Commission with the
4.5.
political, legislative and budgetary means needed to promote
integration. In previous opinions and during the Septem-
ber 2002 conference, the EESC made clear the need to adopt a
European programme for the social integration of immigrants
and refugees.

(1) See in particular the EESC opinion in OJ C 80, 3.4.2002.

(2) See EESC opinion in OJ C 221, 17.9.2002.

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The Council outlined that the success of integration
4.6.
policies would depend on the effective participation of all
parties concerned. Reflecting the proposals made by the EESC,
it has also called for all the relevant bodies within the European
Union, national and local authorities, trade unions and pro-
fessional associations, non-governmental organisations, immi-
grant associations and cultural, social and sports organisations
to contribute at both national and EU level. Were the European
Council
in terms of
itself to make greater commitments,
legislation and budget, there is no doubt that the
policy,
cooperation between the other parties involved would be more
effective.

4.7.
The Brussels European Council made new commit-
ments on border controls and stopping illegal immigration,
including repatriation. However, no initiatives were adopted
to improve the integration of immigrants.

ism to be a feature of a pluralist and democratic Europe.
Immigration from third countries adds new elements to this
diversity, culturally enriching our societies. The culture of
communities should not be seen as something that is entren-
ched, rather as a process that is constantly evolving and that
grows continuously richer as new elements are added.

5.1.4.
The Commission favours a holistic approach to
immigration, taking account not only of the economic and
social aspects of integration, but also of cultural and religious
diversity, citizenship, and political participation and rights.
The EESC supports the notion that integration policies should
have a global outlook.

5. Comments

5.2.

Equal rights and obligations as the basis for integration

5.1. The notion of integration

5.1.1.
The Commission Communication approaches inte-
gration as a two-way process within which both the third-
country nationals and the host society have certain rights and
obligations designed to enable the immigrants to participate
fully in that society. This approach tallies with that of the
EESC (1), which has indicated that
it sees integration as
‘bringing immigrants’ rights and duties, as well as access to
goods, services and means of civic participation progressively
into line with those of the rest of the population, under
conditions of equal opportunities and treatment’.

5.1.2.
Article 2 of the draft Constitution for Europe defines
liberty,
the Union’s values as: respect for human dignity,
democracy, equality, the rule of law and respect for human
rights. These values, laid down in the Charter of Fundamental
Rights, must provide the basis for integration policies.

5.1.3.
This definition of integration must replace others
that are based on cultural aspects and all too often used to
discriminatory ends. It is time to reject the accepted idea that
integration is no more than a process of adaptation to the
culture of the host society. The EESC considers multicultural-

5.2.1.
All stable and long-term residents of a Member State
must be given the same rights as all other citizens of the
European Union. The EESC adopted an opinion on access to
European Union citizenship (2) calling upon the Convention
‘to provide a new criterion for granting Union citizenship:
citizenship should be linked not only to nationality of a
Member State, but also to stable residence in the Union’ (3),
and for ‘European citizenship [to be granted] to third-country
nationals who are stable residents. This would make it easier
for them to exercise their political rights and thereby improve
integration, as European citizenship and the rights and obli-
gations deriving from it are a very important factor for the
integration of these people into host societies’ (4).

In its Communication, the Commission states that
5.2.2.
legislation enabling immigrants to obtain the nationality of the
Member State in which they are resident is highly favourable
to successful integration. It therefore suggests that the natural-
isation process should be swift, sure and non-discretionary. In
several of its opinions, the EESC has outlined its support for
this idea, stating that legislation governing access to nationality
should be harmonised at European level, bearing in mind the
principle of subsidiarity, so as to eradicate discrimination of
any type and facilitate access to naturalisation in all of the
Member States under similar conditions.

(1) See point 1.4 of the EESC own-initiative opinion on immigration,
integration and the role of civil society organisations, OJ C 125,
27.5.2002.

(2) See the EESC opinion in OJ C 208, 3.9.2003.
(3) See point 6.4 of the same opinion.
(4) See point 1.7 of the same opinion.

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The Commission is keen for immigrants who remain
5.2.3.
in a country for a certain length of time to be awarded civic
citizenship in order to facilitate their integration into the host
society. The EESC believes that the Commission’s proposal for
civic citizenship is based on the same objective as the
Committee’s proposal for Union citizenship, according to
which third-country nationals resident in the European Union
on a stable or long-term basis would share the same rights and
obligations as nationals of the Member States, i.e. the citizens
of Europe.

The plural,

inclusive and participatory European
5.2.4.
citizenship proposed by the EESC (1) and including the right to
political participation, i.e. the right to vote (active and passive)
in municipal and European Parliament elections, would offer a
solid basis for the many integration processes involving
immigrants. The Commission Communication states that,
‘From the point of view of integration, it is obvious that local
franchise should derive from permanent residence, rather than
from nationality’ (2). The EESC has already suggested that stable
and long-term residents should be given the right to vote in
municipal and European elections (3) and as such fully supports
the Commission’s proposal.

5.2.5.
The Commission also indicates the need to create a
legal basis for integration in the Treaty. The Committee would
ask the Intergovernmental Conference, which is drawing up
the Constitutional Treaty on the basis of the Convention’s
proposal, to ensure that the new Treaty grants Union citizen-
ship to third-country nationals resident on a stable or long-
term basis, as suggested in the own-initiative opinion on access
to European Union citizenship.

5.2.6.
Further to this, the EESC would propose that the
Council review the agreement (4) adopted with reference to the
status of long-term residents and include the proposal drawn
up by the Commission, the European Parliament and the
Economic and Social Committee (5) in the Directive so as to
enable those who have this status also to be given the right to
vote (active and passive) in municipal and European elections.
If the Directive does not include this provision, the EESC is of
the view that
the Commission and the Parliament must
recommend that the Member States grant such people the
right to vote in municipal and European elections when
transposing the Directive into national legislation.

5.3. Combating discrimination

5.3.1.
The integration into society of immigrants, based on
granting equal rights and obligations, is very closely linked
to the fight against discrimination. Discrimination is the
elimination and infringement of the rights of the target group
or individual.

5.3.2.
The Communication highlights the importance of
raising awareness in the host society so as to involve it in the
fight against discrimination, ensuring that both businesses and
the social partners adopt non-discriminatory practices, local
and regional authorities make appropriate undertakings, and
experiences and best practices are exchanged, etc. The EESC
demands that the Member States, all public-sector institutions
and all social organisations adopt better policies so that
discrimination can be combated more effectively. Discrimi-
nation in the workplace is detrimental to integration. As such,
in the context of the work being done on corporate social
responsibility, the EESC hopes that businesses will adopt good
practices to eliminate discriminatory attitudes detrimental to
immigrants, refugees, and other cultural and ethnic minorities.

into their national

The Communication calls upon the Member States
5.3.3.
the two existing anti-
to guarantee the transposition of
discrimination directives (6)
legislation.
The EESC would point out that, although the deadline for
transposing these directives has passed, several of the Member
States have failed to fulfil their obligations in this respect. The
Council and the Commission should impress upon the Member
States concerned the need to speed up their transposition
procedures. The EESC calls on the Member States to eliminate
the discrimination that still exists in some legislation on the
participation of third country nationals in trade union elections
and elections at the workplace.

5.4. The European Monitoring Centre on Racism and Xeno-

phobia (7)

5.4.1.
The Centre published an excellent report in Novemb-
er 2002 (8) on the situation of immigrants in the European
Union which highlights the seriousness of the discrimination
suffered by a great many immigrants in terms of employment
and working conditions. Much discrimination persists, affect-
ing second or third generation descendants who are EU
citizens.

(1) See point 4 of the same opinion.
(2) See point 3.3.6 of the Communication.
(3) See point 5.7 of the opinion on immigration, integration and the
role of civil society organisations, and the opinion on access to
European Union citizenship.

(4) Political agreement at the JHA Council of 5.6.2003.
(5) See the EESC opinion on the status of long-term residents, OJ

C 36, 8.2.2002.

(6) Directives 2000/43/EC and 2000/78/EC.
(7) See the EESC opinion on the Commission’s proposal to recast the
relevant regulation, to be adopted at the plenary session of 10
and 11 December 2003.

(8) Diversity and equality for Europe, Annual Report 2001.

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it

The report

the
5.4.2.
year 2003 will analyse the situation of immigrants and ethnic
minorities in relation to employment, housing, education and
racist violence.

is currently drawing up for

5.4.3.
In the future it will be essential for the cooperation
between the Vienna Centre and the EESC to be improved via
meetings, hearings and conferences as well as by drawing up
joint reports covering the areas of responsibility of both.

5.5.

Integration into the labour market

5.5.1.
Access to the labour market on equal terms is
essential for the social integration of immigrants and refugees,
not only to promote economic independence, but also to
improve personal dignity and social participation. The structur-
al and institutional barriers preventing freedom of access to
the labour market must be removed.

5.5.2.
In the European Union, the average unemployment
rate is higher among immigrants than among EU nationals (1).
Unemployment continues to seriously affect second and third
generation immigrants. Moreover,
immigrants suffer from
other specific problems more than the average citizen, such as
lack of recognition of academic and vocational qualifications,
and waiting times for receiving work permits.

5.5.3.
The objective of combating discrimination comp-
lements the Lisbon strategy: making maximum use of what
immigrants have to offer, which means using the experience
and qualifications they already have. CEDEFOP can help in
combating discrimination through the recognition of immi-
grants’ professional qualifications.

5.5.4.
Having appropriate qualifications is a prerequisite
for integration in the labour market. To facilitate immigrants’
access to the labour market and reduce the level of employ-
ment, authorities in the host society must offer immigrants
training adapted to the work environment, while public
employment services must advise them about existing work
opportunities and the training required.

5.6. The Dublin Foundation

The 2002 report on industrial relations in Europe (2)
5.6.1.
contains an important chapter on immigration which provides
vital evidence on the specific problems of immigrants and
their working conditions. The report confirms that immigrants
have less job security, receive lower wages, are exposed to
greater risks to their health and safety at the workplace, and
enjoy less protection through collective bargaining.

5.6.2.
The EESC would like the agenda for social dialogue
between the social partners at different levels (European,
sectoral and national)
treatment of
immigrants in Europe and improving their working conditions.

to include the equal

The EESC and the Dublin Foundation must step up
5.6.3.
their cooperation, within their respective areas of competence,
on matters relating to labour migration.

5.7. The European Employment Strategy (EES)

5.7.1.
The EESC welcomes the statement by the Com-
mission in its Communication on European employment
strategy (3) that in future the strategy should take more account
of immigration. In the same way, the employment policy
guidelines (4) take account of demographic change,
immi-
gration and discrimination against minorities.

In previous opinions the EESC put forward various
5.7.2.
proposals which the Commission thought should be included
in the future EES. These include:

— access by immigrants to training and employment ser-

vices;

— reducing employment differences between EU and non-

EU nationals by 2010;

— cutting unemployment among immigrant workers;

— combating the informal economy and undeclared work;

— evaluating EU labour market needs and the contribution
of immigration to fulfilling workforce requirements;

(1) According to the Communication from the Commission to the
Council, the European Parliament, the European Economic and
Social Committee and the Committee of the Regions — Mid-term
review of the social policy agenda (COM(2003) 312 final), the
rate is 16 % for immigrants and 7 % for EU nationals.

(2) Industrial Relations Developments in Europe 2002. European
Commission and the European Foundation for the Improvement
of Living and Working Conditions.

(3) COM(2003) 6 final on the future of the European Employment

Strategy.

(4) Council Decision on employment guidelines, OJ L 197, 5.8.2003.

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— developing the EURES network to facilitate the admission
of labour immigrants and to encourage labour mobility
between the Member States;

The EESC welcomes the fact that in the national
5.8.2.
plans for social inclusion the Member States are also to report
on measures for the social integration of immigrants.

— exchanging experience and good practice as part of the
programme of measures to promote employment;

— eliminating discrimination at the workplace.

It is very important for the Member States to carry
5.8.3.
out studies and analyses on the income, housing and living
conditions of immigrants and ethnic minorities, so that the
authorities can evaluate the risk of social exclusion faced by
these groups.

5.7.3.
In the third priority set out in the employment
policy guidelines (1), on adaptability and mobility, the Council
considers that the labour market aspects of immigration must
be taken into account. In the fifth priority, in referring to an
increased labour supply, it suggests that the Member States
must ‘give full consideration to the additional labour supply
resulting from immigration’. In the seventh priority, it calls on
the Member States to promote the integration of and combat
discrimination against immigrants and ethnic minorities in the
labour market, aiming to achieve by 2010 ‘a significant
reduction [...] in the unemployment gaps between non-EU and
EU nationals’. The ninth priority urges the Member States to
transform undeclared work into regular employment.

5.9.

Economic and social cohesion

5.9.1.
The future of economic and social cohesion is to be
discussed over the coming months on the basis of the third
report to be presented by the Commission. Experience acquired
with the Social Fund and initiatives such as EQUAL are a good
starting point for the new policies.

5.9.2.
Given that immigration is set to increase in the next
few years in Europe, account will have to be taken of the need
for social
inclusion, combating discrimination, vocational
training, the regeneration of deprived urban areas etc., so that
these immigration-related issues feature prominently in future
cohesion policies.

The EESC Opinion (2)‘notes that immigration is not
5.7.4.
treated as a specific and separate priority, but is mentioned in
the context of other priorities’.

5.10.

Initial arrival

5.7.5.
Given that employment is one of the key factors
for effective integration, the EESC has proposed (3) a new
commitment by the social partners in Europe to encourage
immigrants’ access to the labour markets on equal terms and
to eliminate discrimination at the workplace. The EESC agrees
with the Commission (4) that the social partners must play an
important role in this area.

5.8.

Social inclusion

5.8.1.
The Copenhagen European Council supported the
objectives adopted in Nice for combating poverty and social
exclusion. The EESC agrees that these objectives should include
combating the risk of poverty faced by some men and women
as a result of immigration.

(1) Council Decision on employment guidelines, OJ L 197, 5.8.2003.
(2) See the EESC Opinion on the Proposal for a Council Decision on
guidelines for the employment policies of the Member States. OJ
C 208, 3.9.2003.

(3) EESC conference on Immigration: the role of organised civil

society, 9 and 10 September 2002.
(4) COM(2003) 336 final, point 3.3.1.

5.10.1.
The social integration of immigrants starts with the
reception they receive. The policies of local and regional
institutions are very important, but against a background of
rising immigration it is the national authorities that need to
adopt appropriate programmes. Civil society organisations
and immigrants’ organisations must participate in all arrival
programmes.

These programmes require specific, clearly defined
5.10.2.
instruments and resources if they are to operate properly:
bureaus for dealing with recently arrived immigrants and
refugees; information systems; programmes and trained per-
sonnel for individual attention and assistance; language courses
and familiarisation with the social and labour environment,
tailored to the needs of all new arrivals; etc. It is very important
that NGOs work with the public authorities in managing these
programmes.

5.10.3.
The Communication makes insufficient reference
to initial arrival and, besides, its approach is confusing when it
states that integration measures should be available to third
country nationals ‘as soon as their stay acquires a degree of
permanence or stability’ (5). A restrictive interpretation of this
approach could signify that the integration measures are aimed
solely at legal residents with a certain degree of stability or
with permanent residence. The EESC considers that it is
necessary to have policies for the initial arrival of all new
immigrants as the first step in integration policies.

(5) See point 3.1 of the Communication.

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5.11.

Language learning

The Commission Communication states that a
5.11.1.
knowledge of the language is an instrument of enormous
importance for integration. It is important for obtaining work
and for the immigrant’s relations with the host society in all
areas of daily life; social harmony improves markedly where
there are no language barriers.

A pro-active, non-punitive approach is needed to
5.11.2.
language learning. There are those who argue that the first
priority is to lay down laws obliging the immigrant to study
the language as a precondition for legal residence. The
Committee thinks that the priority should be for the public
authorities, in cooperation with social organisations, to offer
language courses geared specifically to immigrants, free of
charge and with appropriate human and material resources.

5.11.3.
The EESC would like national, regional and local
authorities to provide sufficient language courses. Social and
immigrants’ organisations can work with the authorities in
organising courses. It is important that everyone — men,
women and children — have the opportunity to attend courses
near to their home, at times and on terms that are flexible and
compatible with their work.

Language courses must be backed up by courses on
5.11.4.
the host society,
its customs and laws, etc. The Member
States may make the naturalisation procedure conditional on
progress in learning the language, but only when the auth-
orities have provided the immigrants with the means necessary
for learning it. Some Member States withdraw or refuse to
renew work and residence permits on grounds of insufficient
knowledge of the language; the EESC considers this very
drastic measure to be disproportionate and in contravention
the Union, as laid down in the draft
of
Constitution and Charter of Fundamental Rights.

the values of

5.12.

Education

In many cases the negligence of the authorities has
5.12.2.
led to the concentration of immigrant or ethnic minority
children in low quality schools. A basic objective of social
integration policies must be to prevent educational ghettos; to
this end, the authorities must adapt their educational systems
and increase resources, including positive measures for action.

Some

teaching material

5.12.3.
contains xenophobic
elements and negative views on ethnic, cultural and religious
minorities. This is a serious infringement of the rights of many
people and works against integration. In some Member States
pro-integration measures must include the revision of these
texts and their replacement by pluralist texts. An intercultural
approach is needed in the education system to reflect the two-
way nature of integration.

5.12.4.
Frequently immigrants do not have access to ongo-
ing training, making it difficult for them to advance in their
profession. The authorities must also earmark more resources
immigrant adults, women
for promoting the training of
especially. Experience shows that
in some circumstances
women remain in a situation of extreme social isolation.

5.12.5.
Training promotes equal opportunities. The Mem-
ber States’ education policies must therefore root out the
inequalities in training which affect some immigrants and
members of ethnic minorities.

5.13. Housing and urban issues

5.13.1.
The Commission Communication states that inte-
gration problems occur particularly in ethnically mixed and
deprived urban and industrial areas with problems of racism
and xenophobia. The EESC calls for urban planning pro-
grammes which eradicate rundown, low-quality urban ghettos.
The URBAN II programme (2002-2006) must include such
actions among its priorities and increase the available
resources.

5.12.1.
The Committee considers that access to education
for the children of immigrant families is a universal right and
of enormous importance for integration; at the present time,
however, some Member States do not guarantee access to
education for all children of immigrant families, regardless of
their legal situation, and on equal terms and of equal quality
compared with children of nationals.

5.13.2.
Immigrants and refugees are often forced to live in
very low-quality, overcrowded housing. Appropriate housing
policies are needed to deal with this situation. As a result of
the increase in the cost of housing and the rise in immigration,
the EESC considers that
the local, regional and national
authorities must provide more social housing and improve its
quality.

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5.14. Health and social services

5.14.1.
Policies to facilitate immigrants’ access to health
and social services must be stepped up. The Member States
must ensure that social and health services are of good quality
and tailored to the cultural, social and linguistic needs of
immigrants and refugees.

5.14.2.
The EESC would stress the importance of intercul-
tural awareness in health and social services. Changes need to
be made to the set-up of bodies providing these services, such
as adapting to new cultural realities, providing additional
training for employees, etc. This will help reduce the specific
difficulties faced by immigrants and refugees when accessing
health and social services.

5.15. Dealing with irregular immigrants

In earlier opinions (1) the Committee has stated that
5.15.1.
‘an immigrant without papers is not a criminal’. Although
such people find themselves in an irregular administrative
situation, their fundamental human rights are protected by
conventions on international humanitarian law and by the
Charter of Fundamental Rights. The criminals are those who
are engaged in trafficking and exploiting irregular immigrants.
The European Union (2) must, in cooperation with countries
of origin and of transit, step up the fight against criminal
trafficking, which puts human lives at risk.

5.15.2.
People without papers are not without rights.
According to the Commission, it is necessary to consider the
situation of this group of people from the point of view of
their impact on the labour market and their integration. As
pointed out by the Committee in various opinions, undeclared
work and illegal immigration feed off each other; hence the
need for the authorities to take decisive action to expose those
economic activities and sectors which use illegal immigrants.
Only when these people regularise their situation will inte-
gration policies be effective.

5.15.3.
The Employment, Social Policy, Health and Con-
sumer Affairs Council of 20 October (3) adopted a Resolution
in which it fleshes out employment
on undeclared work,
guidelines, and the Communication on immigration; it also

(1) See the EESC opinions on the Green Paper on a Community
return policy on illegal immigrants, OJ C 61, 14.3.2003 and on
the Commission Communication on the same subject, OJ C 85,
8.4.2003.

(2) See the EESC opinion on the Proposal for a Regulation of the
European Parliament and of the Council establishing a programme
for financial and technical assistance to third countries in the area
of migration and asylum, adopted by the plenary assembly on
29 October 2003.

(3) See the Resolution in the Council conclusions.

called on the Member States to combat undeclared work in
cooperation with the social partners. The EESC welcomes this
resolution.

6. Reinforcing EU financial support for integration

6.1.
The Commission Communication addresses the issue
of financing by referring to existing integration-related pro-
grammes (Community action programme to combat social
exclusion 2002-2006, the programmes under the EQUAL
initiative, the European Social Fund, the European Refugee
Fund, etc.), noting that they should pay greater attention to
the integration of immigrants.

6.2.
In addition, the Commission has set up a new pro-
gramme for pilot projects on the integration of immigrants
which will receive EUR 12 million over three years to promote
networks for the exchange of information and good practice.

In the EESC’s view, EU integration policies are poorly
6.3.
resourced. The programme launched by the Commission is a
positive step, but underfunded. The EU, as part of the debate
on the future of its budgets, must provide sufficient funds for
integration policies. The Member States and local and regional
authorities must earmark more resources to finance integration
programmes.

7. The open method of coordination for immigration

policy

7.1.
In 2001 the Commission proposed an open method
of coordination for immigration policy which received the
Committee’s support (4). To date, however, the Council has
not considered it opportune to implement this.

The Thessaloniki Council (5) decided that while primary
7.2.
responsibility for integration policies ‘remains with the Mem-
ber States, such policies should be developed within a coherent
European Union framework’. Coordination and the exchange
of information will be stepped up in the contact group on
integration. The Commission will present an annual report on
immigration and integration at European level. The Council
supports the setting-up by the Commission of a European
Migration Network (EMN) for monitoring immigration.

(4) See the EESC opinion in OJ C 221, 17.9.2002.
(5) See point 31 of the Presidency Conclusions.

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The EESC hopes that these coordination activities will
7.3.
constitute a good starting point for launching an effective
open coordination method for immigration and integration.
The Member States must join the contact group and cooperate
with the Commission on drawing up the annual report. In the
contact group, the Member States should present annual
reports on their work on integration within the coherent EU
framework pursuant to the Commission Communication and
the Thessaloniki Council conclusions.

7.4.
Proper coordination of immigration and integration
policies and the exchange of good practice are a prerequisite
for the development of an appropriate common European
immigration policy. Experience with the European Employ-

ment Strategy and the social inclusion plans are a reference
point for EU coordination of immigration and integration.

7.5.
The social partners, civil society organisations and
immigrant associations must participate actively in the coordi-
nation and exchange of experience. The EESC can act as an
institutional focal point for the social organisations and work
with the Commission, Parliament and Council on immigration
and integration policy. The work of the September 2002
conference constitutes a sound basis for future cooperation
between the Committee, the social partners and civil society
organisations. The Committee can organise new conferences
and hearings and draw up own-initiative opinions in cooper-
ation with the Commission, the European Migration Network,
the Vienna Centre and the Dublin Foundation.

Brussels, 10 December 2003.

The President

of the European Economic and Social Committee

Roger BRIESCH