European Parliament resolution on the links between legal and illegal migration and integration of migrants (2004/2137(INI))
Date: 2005-06-09
Institutions: European Parliament
Subjects: EU migration policy, admission of aliens, illegal migration, immigration, integration of migrants, migration control, migratory movement, trafficking in human beings

25.5.2006

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Official Journal of the European Union

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TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Thursday 9 June 2005

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2. Crustaceans

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20 cm

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Palinuridae

Parapenaeus longirostris

105 mm CL

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3. Mollusc bivalves

Pecten jacobeus

11 cm

Scomber japonicus

Scomber scombrus

Solea vulgaris

Sparus aurata

Trachurus spp.

2. Crustaceans

Homarus gammarus

20 mm CL

Palinuridae

Parapenaeus longirostris

3. Mollusc bivalves
Pecten jacobeus

Venerupis spp.
Venus spp.

18 cm

18 cm

20 cm

20 cm

15 cm

30 cm TL

70 mm TL
70 mm TL

90 mm CL

20 mm CL

10 cm

25 mm
25 mm

P6_TA(2005)0235

Legal and illegal migration and the integration of migrants

European Parliament resolution on the links between legal and illegal migration and integration of
migrants (2004/2137(INI))

The European Parliament,

— having regard to the Commission communication to the Council, the European Parliament, the Euro-
pean Economic and Social Committee and the Committee of the Regions entitled ‘Study on the links
between legal and illegal migration’ (COM(2004)0412),

— having regard to the Commission communication to the Council, the European Parliament, the Euro-
pean Economic and Social Committee and the Committee of the Regions entitled ‘First annual report
on migration and integration’ (COM(2004)0508),

— having regard to the Commission's Green Paper on an EU approach to managing economic migration

(COM(2004)0811),

— having regard to the European Economic and Social Committee's opinion of 15 December 2004 and
the Committee of the Regions' opinion of 24 January 2005 on the Commission communication
entitled ‘Study on the links between legal and illegal migration’,

— having regard to its resolution of 15 January 2004 on the Communication from the Commission on

immigration, integration and employment (1),

— having regard to the Amsterdam Treaty (pursuant to which the Community is granted powers and

responsibilities in the fields of immigration and asylum) and Article 63 of the EC Treaty,

(1) OJ C 92 E, 16.4.2004, p. 390.

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— having regard to the conclusions reached at the Tampere European Council of 15-16 October 1999,
the Laeken European Council of 14-15 December 2001, the Seville European Council of 21-22 June
2002 and the Thessaloniki European Council of 19-20 June 2003,

— having regard to its recommendation of 14 October 2004 to the Council and the European Council on
the future of the area of freedom, security and justice as well as on the measures required to enhance
the legitimacy and effectiveness thereof (1),

— having regard to the conclusions reached at the Brussels European Council of 4-5 November 2004 and

The Hague Programme included therein,

— having regard to Rule 45 of its Rules of Procedure,

— having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the
opinions of the Committee on Development and the Committee on Women's Rights and Gender
Equality (A6-0136/2005),

A. whereas the period set aside by the Tampere European Council for the establishment of an area of

freedom, security and justice has come to an end,

B. having regard to the absence of a genuinely organised and coordinated European policy on migration
and the immigration which the Union undergoes as a result, and to the need for the Union and its
Member States to move towards a form of immigration which is regulated in collaboration with the
third countries involved,

C. whereas the adoption of The Hague Programme, which is soon to be implemented by means of the
Commission Action Plan, will enable the results obtained under the Tampere Programme to be acted
upon and the new challenges involved in establishing an area of freedom, security and justice to be
taken up,

D. whereas in this area, cooperation between, on the one hand, the European Union and its Member

States and, on the other, the non-EU countries of origin and transit is essential,

E. having regard to the need to avoid all ambiguity in the relationship between development cooperation

and immigration,

F. whereas in the context of enlargement, a safer European society requires, subject to respect for the
provisions of the Charter of Fundamental Rights and the Treaties, checks at external borders to be
stepped up and the principle of mutual solidarity to be applied,

G. whereas the EU — an area without internal borders — must adopt a common, coherent and effective
approach to the management of its external borders and must devise a common visa, asylum and
immigration policy,

H. whereas action to combat illegal immigration and trafficking in human beings, the opening up of legal
means of immigration, and integration must continue to be priorities for the enlarged EU, and whereas
the exploitation of immigrants through illegal employment and inhumane treatment must be severely
punished,

I. whereas economic immigration constitutes a fresh challenge for the EU, on which subject the debate
has been relaunched by means of the abovementioned Green Paper , which is to be followed before the
end of 2005 by an action programme, which, it is to be hoped, will be based on common rules that
are open to economic immigration,

J. noting that Europe needs legal, controlled economic migration, because, as several studies have
shown (2), the decline in its active population will mean a drop of around 20 million in the number of
workers between 2005 and 2030,

(1) Texts Adopted, P6_TA(2004)0022.
(2) World Economic and Social Survey 2004.

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K. pointing out that one of the basic causes of economic migration is the legitimate aspiration on the part
of migrants to meet their basic needs and to escape poverty, and calling for Community development
policy (the primary aim of which is to combat poverty) to be taken into account in the common
policy on migration with a view to supporting the development of non-EU countries as regards access
to education and health care, and to achieving the other Millennium Development objectives,

Thursday 9 June 2005

L. whereas the success of legal-immigration policies is dependent upon implementing strategies that are
aimed at achieving full integration, on the basis of others' experience and taking account of the experi-
ence and input of non-profit organisations, and are based on respect for rights and sharing of duties
with regard to legally resident non-EU immigrants and nationals of the host society, and on a perma-
nent dialogue based on confidence and mutual respect, the ability of institutions to launch information
campaigns for the creation of an intercultural society, and ongoing action to fight all forms of racial,
cultural and economic discrimination,

M. whereas a change in the migration policy of one Member State affects migration flows and policy

developments in other Member States,

N. whereas action to combat trafficking in human beings and sexual exploitation of women and children

must form an essential part of immigration policy,

O. whereas the Treaty establishing a Constitution for Europe lays down in its Article III—268 that the
principle of solidarity and fair sharing of responsibility shall govern the development of the EU's immi-
gration and asylum policies,

P. whereas the Community's available financial resources are limited and must be fairly shared among the

various aspects of European immigration policy,

1.
Believes that the Union's immigration policy must be based on a global, non-sectoral approach
grounded not only in the Member States' labour market needs but, and above all, in reception and integra-
tion policies and the establishment of a secure status and citizenship, social and political rights for migrants
throughout the Union;

2. Deplores the failure of the Council, five years on from the Tampere European Council and despite the
numerous debates in Parliament, to define a common immigration policy, remaining content to maintain
unanimity and the consultation procedure for all matters regarding legal immigration;

3.
Stresses that, where immigration is concerned, a comprehensive, internally consistent approach based
on close synergies amongst the various policies involved needs to be adopted, and expresses regret at the
often excessively sector-based European approach; with this in mind, welcomes the initiative put forward
by the Commission and the current Council Presidency with a view to establishing a mutual-notification
and early-warning system, with the full involvement of the European Parliament;

4.
Stresses that the effective development of common asylum and immigration policies that uphold
fundamental rights is a key priority of European integration, as outlined in the Treaty establishing a Consti-
tution for Europe;

5.
Calls upon the Commission to consider — in association with the European Parliament — ways of
better coordinating all the various structures and agencies involved in the management of migration flows
and to ensure that the relevant funding programmes are properly utilised and widely disseminated;

Regrets that action taken thus far by the Council and the Member States to control migration flows
6.
has taken the form of repressive measures, rather than positive, proactive measures; points out that strate-
gies designed to reduce poverty, improve living and working conditions, create jobs and develop training
in migrants' countries of origin help in the long term to normalise migration flows;

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Calls upon the Commission, the Member States and the countries of origin to launch campaigns
7.
designed to increase public awareness and knowledge of policies on immigration,
integration and
combating racism and xenophobia, given that the lack of information on legal migration opportunities is
exploited by the mafias that engage in trafficking in people; takes the view that cooperation with countries
of origin on information and the prevention of exploitation of human beings is of crucial importance,
giving priority to the role of integration, social inclusion and cultural exchanges;

Considers that immigration's potential must be taken into account to the utmost as part of a Euro-

8.
pean co-development policy involving host societies, societies of origin and diaspora networks;

9.
Stresses that in order to optimise the potential of immigration, the Union must propose concrete
solutions to the problem of brain drain, and encourage the Member States to facilitate the sending of funds
by immigrants to their countries of origin;

Recalls the shared responsibility of all the Member States in managing North-South migratory flow,
10.
on the one hand-particularly on the south shore-by combating illegal
immigration and trafficking in
human beings, and on the other hand-particularly on the north shore-by creating economic conditions for
the social development of the third country and a reception which is appropriate and respectful of human
dignity;

Encourages the integration of the migration issue into EU external policy; calls on the Member
11.
States to tackle the root causes of immigration by setting up partnerships with the developing countries
based on genuine dialogue; stresses, however, that recourse to development aid and the EU's economic
partnerships will not suffice as a way of tackling the root causes of emigration;

Recommends that the Council take appropriate initiatives to ensure that those responsible for immi-

12.
gration have the same rank and belong to the same ministerial department in each Member State;

13.
Emphasises that it should have a political role, inter alia by indicating to the Commission those
measures relating to migration that should be regulated by common rules, as key stages in creating an
effective common policy or migration;

14.
Recalls that it is important for the EU to include clauses on the common management of migration
flows and obligatory readmission in cases of illegal immigration in all the association and cooperation
agreements to which it subscribes;

15.
Believes, however, that development cooperation, while an essential instrument for tackling the root
causes of migratory movements, must continue to complement, and not substitute, the EU's integration
and legal-immigration policies;

16.
Calls upon the Member States concerned to boost the human and financial resources of their
consular authorities in non-EU countries of origin with a view to providing people wishing to emigrate
with information concerning the possibilities of legally entering an EU country for work, study or research
purposes; calls on the Commission to encourage coordination between the diplomatic and consular
services of Member States operating in the same country to channel immigrants towards countries in
which their professional skills are required and, as far as possible, to focus immigration on countries with
appropriate reception capacity; proposes that the ARGO and AENEAS programmes (amongst others) be
used;

17.
Considers that border checks and action to combat illegal immigration can be only one aspect of the
EU's policy towards non-EU countries, to which an active country-of-origin development policy must be
applied with a view to minimising the damaging effects of emigration; considers that the EU cannot
analyse its immigration policy solely from the point of view of its economic interest but must also take
into account the reasons which force migrants to emigrate;

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18.
Considers that the introduction of the integrated external-border management system must be based
on extensive harmonisation with regard to visas, the active involvement of the European Borders Agency
(together with the establishment of a Community border fund) and enhanced consular cooperation leading
to the creation of joint consular posts;

Thursday 9 June 2005

Considers it essential to strengthen solidarity, particularly with the new Member States, on the

19.
management of external borders and the fight against illegal immigration;

Stresses that any measures to combat illegal immigration and step up external border controls, even
20.
where in cooperation with third countries, must be compatible with the guarantees and the fundamental
rights of the individual laid down in the Charter of Fundamental Rights of the European Union and the
European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), notably the
right to asylum and the right of non-refoulement;

21.
Reaffirms that legal immigration will not eliminate illegal immigration completely, and that the
reasons for coming to the EU are complex; on that basis, firmly believes that particular attention must be
paid to combating trafficking in human beings and to immigrants who are the victims of such trafficking,
in particular vulnerable people, including women and minors, with the fight against those trafficking in
them becoming a priority for the EU; welcomes the fact that the Commission is to draw up an action plan
on the subject, which must take account of the need to cooperate with the countries of origin and transit;

22.
Recognises that many women who are victims of trafficking are living on the territory of the Euro-
pean Union as illegal immigrants, and a majority of them have no access to legal or social protection; calls
on the Member States to recognise their situation and in accordance with their legislation to consider
permanent residence as an appropriate means of combating trafficking in human beings;

Points out that making carriers and the authorities of the countries of origin properly aware of their
23.
responsibilities, strengthening the legal framework within which punitive measures may be taken against
networks of ‘people smugglers’, action to combat illegal working and trafficking in human beings, and the
identification of administrative corruption are integral parts of the fight against illegal immigration, which
must be based on a high level of police and judicial cooperation; calls, therefore, on the Union and its
Member States to take vigorous steps to combat illegal working by immigrants by introducing a raft of
severe sanctions against the businesses involved, stepping up the human resources available for supervisory
activities and protecting victims;

Stipulates, however, that these measures must be applied with full respect for fundamental rights,

24.
including that of the right to asylum;

25.
Takes the view that the Member States are making efforts with a view to uncovering illegal employ-
ment, particularly in the areas of domestic work and family care, in which a great many female migrants
are employed; takes the view that a new formula must be devised which will allow the families who
employ them to find a legal solution which allows these workers to have social security cover;

26.
Calls upon the Council and the Commission to give some thought — with regard to the readmission
of irregular immigrants — to the implementation of the agreements which have been concluded and to
pointers for future agreements; recalls the responsibility as regards readmission of the countries of origin
and transit, and encourages the framing of an EU immigrant-return policy under which people's dignity
and physical integrity are respected in accordance with the ECHR and the Geneva Convention;

27.
Expressly rejects once again the idea whereby camps in which immigrants without papers or asylum
seekers would be accommodated or detained might be set up outside the EU's borders, in regions in which
immigration originates;

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Stresses that the temporary reception centres inside and outside the EU must also be run in compli-

28.
ance with the Geneva Convention;

29.
Agrees with the Commission that the mass regularisation of illegal immigrants is not a solution to
the problem of illegal immigration and, in the absence of a common immigration and asylum system,
should be a one-off event, since such measures do not resolve the real underlying problems, and calls upon
the Commission to study the Member States' good practices, to be developed in the framework of an infor-
mation-sharing and early-warning system;

Believes that any en-masse regularisation of illegal

immigrants must take account of economic,
30.
demographic and cultural criteria, and calls for an analysis to be made of the effects of the regularisations
which have been carried out in the Member States;

Believes that legal migration plays an important role in enhancing the knowledge-based economy in

31.
Europe and in advancing economic development;

32.
Takes the view that the overall European strategy on economic migration should give priority to
organised forms of migration and, in particular, should strengthen the bilateral agreements with countries
of origin on managing migratory movements; stresses that regularisation operations are important for
combating work in the black economy, integrating illegal migrants into society and preventing their exploi-
tation;

33.
Considers that for demographic and economic reasons as well as with regard to a possible contribu-
tion to the reduction of illegal immigration, legal immigration channels should be created in the Member
States on the basis of their absorption capacity;

34. Welcomes the action which the Commission has promised to take with regard to the particular
impact which illegal immigration has on outlying regions (1) which, on account of their geographical situa-
tion, small size and remoteness, are particularly vulnerable to illegal migration flows;

35.
Calls upon the Member States to take part in the discussion launched by the Commission in its
Green Paper on the degree of coordination to be achieved and on the added value of adopting EU legisla-
tion, with attention being paid to the fact that the Member States are competent for determining how
many immigrants they can accept;

36.
Is worried by the setting up in the Mediterranean countries, at the request of certain Member States,
of ‘preliminary reception centres’ for immigrants heading for the Union's territory, which do not offer
minimum guarantees to the people concerned in terms of fundamental rights; recalls that management of
migratory movements must not be approached exclusively in security terms, but also on the basis of mana-
ging sustainable social development;

37.
Is aware that the Member States are responsible for deciding on the number of third-country
nationals on their soil, but supports the idea of drawing up overall estimates which also take account of
persons whose stay has been authorised for reasons other than an economic activity, for example refugees,
people taking advantage of a subsidiary protection scheme and people benefiting from family reunion
arrangements, including minors of employable age, who must be guaranteed access to the labour market;

38.
Considers it regrettable that the proposal for a directive on immigration for employment purposes
was not successful, and supports the option proposed by the Commission in its Green Paper concerning
the creation of a common framework of minimum standards governing the admission of non-EU nationals
wishing to take up paid employment or to work on a self-employed basis;

39.
Favours making entry procedures more flexible and efficient, e.g. by means of a work permit system;
advocates using Community projects on the ‘EURES’ model, with a view to facilitating the exchange of
information among Member States on employment opportunities for third-country nationals resident in
the Union;

(1) COM(2004)0343, paragraph 2.3.1 and COM(2004)0628.

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40.
Calls on the Commission to make a short- and medium-term forecast regarding extra labour require-
ments in the individual Member States; invites the Member States to provide the Commission with statis-
tical forecasts so as to enable it to make appropriate predictions regarding the Union's labour needs;

Thursday 9 June 2005

Calls on the Commission and the Member States to maintain an ongoing dialogue with immigration
41.
NGOs with a view to requesting their opinion on immigration-related matters and supporting their activ-
ities of assistance to immigrants and research;

42.
Considers that immigration policies which are more adaptable to job markets must be devised as a
matter of urgency, with a view to protecting the labour market from the deregulating effects of cheap and
illegal labour and in order to avoid an imbalance between the working and the non-working population,
and calls upon the Member States to involve regional and local administrations, regional employment agen-
cies and both sides of industry, professional organisations, grassroots voluntary associations and host
communities, in any decision concerning the number of foreign workers to be admitted;

Calls upon the Member States to create specific combined residence and work permits designed to

43.
facilitate the recruitment of seasonal workers and workers sent to perform a task which is limited in time;

44.
Emphasises in particular the need for the EU — in the context of the Millennium Objectives — to
redouble its efforts to combat poverty in the countries in which migration flows originate by supporting
— inter alia — the establishment of a soundly based education system open to all and the development of
local economies;

Encourages the Member States, in the framework of their national immigration policies, to sign bilat-
45.
eral agreements with major countries of emigration with a view to meeting European labour needs or
opening new legal migration channels in order to make the migratory process better organised and more
transparent and to foster relations with third countries in the context of a close partnership; points out in
addition that concluding bilateral migration-management agreements with countries of origin will enable a
proper partnership with those countries to be established in combined efforts to combat illegal immigra-
tion and trafficking in human beings (involving in particular more vulnerable groups such as women and
children);

46.
Calls upon the Member States to launch a debate on the abovementioned Green Paper and to
provide the Commission with regular reports concerning the implementation of their immigration policies;

47.
Stresses that the integration of immigrants is crucial and calls for comprehensive measures to ensure
inclusion in the labour market as well as social, economic and political rights, which are equally important
in order to achieve the Lisbon objectives of growth and competitiveness;

48.
Points out that the individual Member States have responsibility for integration and that this implies
rights and obligations both for the host society and the immigrant; calls upon the Member States to coordi-
nate their policies by means of the open coordination method, pursuant to the common basic principles
recently adopted by the Council;

Stresses that coordination of national policies cannot replace a European integration policy; calls on

49.
the Member States to define minimum criteria for the creation of such a policy;

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50.
Emphasises the importance of encouraging efforts to learn the language of the host society and
encouraging the organisation of civics courses and teaching programmes on topics including male/female
equality, and of furthering integration by means of work, of taking action to combat ghettoisation, and of
political participation in local elections; supports the introduction programmes run by certain Member
States which involve mutual commitment on the part of the host countries and (in particular) the first
wave of immigrants; wishes to encourage immigrants to respect the fundamental values of the Union by a
symbolic act of commitment; encourages the Member States to involve integrated immigrants more closely
in their integration policies by fostering dialogue between immigrants and existing inhabitants;

51.
Takes the view that an active policy of integrating third-country nationals residing legally in the
Union should inter alia: set out clear rules governing the legal status of residents and guaranteeing their
right to good administrative practice; allow legal integration into the labour market; require third-country
nationals to attend courses in the national language(s) organised by the host Member State; entitle them to
access to education and ensure that qualifications are recognised; guarantee access to social and healthcare
services; endeavour to offer decent living conditions in urban and other localities; ensure that immigrants
take part in social, cultural and political life;

Calls on Member States and EU institutions to promote the participation of non-nationals without
52.
voting rights, legally residing in the EU, in public and political life, notably by ensuring adequate consulta-
tion and representation mechanisms; calls on all Member States to ratify the European Convention on the
participation of foreigners in public life at local level;

Urges all the EU Member States to ratify the UN Convention on the protection of the rights of all

53.
migrant workers and members of their families;

54.
Considers action to combat discrimination, racism and xenophobia to be an essential component of
integration policy; calls upon the Member States to take steps to spread, among the citizens of Europe, a
culture of positive welcome, integration and social inclusion, with the aim of building a multicultural
society and avoiding all political and institutional measures tending to undermine the principle of reception
and non-refoulement, and to incorporate without delay the two relevant directives into their internal laws,
and welcomes the Council Presidency's initiative to relaunch the proposal for a framework decision
concerning action to combat racism and xenophobia; calls for the European Parliament to be consulted
again on this framework decision following fresh discussions in the Council;

55.
Expresses its dismay at the increase in honour killings, persecution and serious violations of the
rights of immigrant women on the basis of religious fanaticism and inhuman traditions and calls on the
Commission and Council to tackle these issues more rigorously and guarantee protection for women under
threat;

Calls on the Member States to conclude agreements with the immigrants' countries of origin with a

56.
view to transferring acquired social security rights;

57.
Considers that the international community has not yet realised what the potential is of immigrants'
remittances to their country of origin as a means of supporting their development policies and calls upon
the Commission to propose practical ways of facilitating the voluntary transfer of part of an immigrant's
earnings to his or her country of origin at minimum cost, as suggested in the abovementioned Green
Paper;

58.
Calls on the Council to adopt a more proactive attitude in order to devise, on the basis of these
proposals, an effective European immigration policy able to meet the challenges that the Union must face;

Instructs its President to forward this resolution to the Council, the Commission and the govern-

59.
ments and parliaments of the Member States.