Report from the Commission pursuant to Article 4 and Article 5 of the Council Decision of 5 October 2006 on the establishment of a mutual information mechanism concerning Member States' measures in the areas of asylum and immigration
Date: 2009-12-17
Institutions: European Commission
Subjects: EU law - national law, exchange of information, immigration, information system, report, right of asylum

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EUROPEAN COMMISSION 

Brussels, 17.12.2009 
COM(2009) 687 final 

REPORT FROM THE COMMISSION  

pursuant to Article 4 and Article 5 of the Council Decision of 5 October 2006 on the 
establishment of a mutual information mechanism concerning Member States' measures 
in the areas of asylum and immigration  

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TABLE OF CONTENTS 

1. 

2. 

3. 

4. 

5. 

6. 

INTRODUCTION...........................................................................................................3 

ACTIVITIES................................................................................................................ 3 

GENERAL OVERVIEW............................................................................................. 4 

INFORMATION TRANSMITTED............................................................................. 4 

EVALUATION............................................................................................................ 9 

CONCLUSIONS........................................................................................................ 10 

ANNEX:................................................................................................................................... 11 

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1. 

INTRODUCTION 

In conclusions adopted at its meeting of 14 April 2005, the Justice and Home Affairs Council 
called  for  the  establishment  of  a  system  of  mutual  information  between  those  in  charge  of 
migration  and  asylum  policy  in  the  Member  States.  Following  this  request  the  Commission 
presented in October 2005 a proposal for a Council Decision on the establishment of a mutual 
information  mechanism  concerning  Member  States'  measures  in  the  areas  of  asylum  and 
immigration1. The Decision (2006/688/EC) was adopted by the Council on 5 October 20062. 

The Decision establishes a system for secure information exchange and consultation between 
Member States on national measures which they intend to take, or have recently taken, where 
these measures are publicly available, and are likely to have a significant impact on several 
Member States or on the European Union as a whole.  

Article 4 of the Decision foresees that the Commission shall, once a year, prepare a general 
report  summarizing  the  most  relevant  information  transmitted  by  the  Member  States.  This 
general  report  shall  be  transmitted  to  the  European  Parliament  and  to  the  Council  and  shall 
constitute  the  basis  for  a  debate  on  national  asylum  and  immigration  policies  at  ministerial 
level. 

Article 5 provides that the Commission shall evaluate the functioning of the mechanism two 
years  after  its  entry  into  force  and  regularly  thereafter.  It  may  also,  if  appropriate,  propose 
amendments.  

Given  the  parallel  lapse  of  the  two-year  period  for  the  evaluation  of  the  functioning  of  the 
mechanism, the Commission considers it fit to merge the reporting (Article 4) and evaluation 
(Article 5) tasks into a single document. This will permit the presentation of a comprehensive 
record of the first operational period of the mutual information mechanism (MIM).  

2. 

ACTIVITIES  

The  Decision  entered  into  force  on  4  November  2006.  The  mechanism  itself  became 
operational in April 2007. In line with Article 3 of the Decision, the Commission established a 
special  interest  group  on  the  platform  of  the  web-based  CIRCA  (Communication  & 
Information  Resource  Centre  Administrator)  network  and  gave  access  to  national  contact 
points designated by Member States.  

By the end of September 2008 all Member States had designated their national contact points. 
Access had been given to around 60 national experts, while the number of access demanded 
by Member States varies between one and five per Member State. 

To support the national contact points and to make the experts familiar with the network, the 
Commission organised in February 2007 a CIRCA training followed by an additional training 
session in a workshop in December 2007. The latter also provided a forum for a preliminary 
analysis of the first six months since the system had become operational. A third workshop, 
focussing on the possible content of this report, was held in April 2008.  

1 
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COM(2005) 480 final. 
OJ L 283/40, 14.10.2006 

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In  parallel  the  Commission  informed  Member  States  in  the  Committee  on  Immigration  and 
Asylum about the most relevant information transmitted by Member States. On the basis of a 
questionnaire,  the  Committee  discussed  ways  to  improve  the  use  of  the  mechanism.  At  its 
meeting of 8 June 2009, the Committee was also informed about the preparation of the report 
and  the  evaluation.  The  purely  factual  part  of  the  report  was  circulated  to  the  MIM  contact 
points with the purpose of its verification.  

3. 

GENERAL OVERVIEW  

Since April 2007 until 30 September 2009, 16 Member States transmitted information via the 
MIM.  The  information  covered  45  different  measures.  Almost  50%  of  the  communication 
(21) referred to adopted legislation, while only 4 communications concerned draft legislation. 
Altogether  9  communications  were  provided  by  5  Member  States  on  policy  intentions  and 
long-term programming. 11 Member States have not provided any information (see Annex). 
While there were certain periods of increased intensity of exchange of information, only four 
communications have been made within MIM in 2009. 

The  format  of  the  communicated  information  was  not  always  homogenous.  According  to 
Article 2(2) of the Decision, the information shall be communicated using the reporting form 
annexed  to  the  Decision  and  whenever  possible  adding  the  Internet  link  to  the  whole  text. 
However,  in  certain  cases  Member  States  did  not  use  the  form  and  limited  themselves  to 
transmitting  a  raw  text  of  the  measure  in  question.  This  may  have  rendered  the  effective 
reception  of  the  information  more  difficult,  taking  into  account  that  the  interested  Member 
States  were  not  able  to  identify  instantly  the  gist  of  the  measure  or  its  possible  impact. 
Differences in the contents of the completed forms are also discernible. While certain forms 
include a fairly comprehensive (but still concise) contribution, others are confined only to a 
cursory description, which may not give an idea of the nature of the measure.  

Furthermore,  in  some  instances  only  the  English  title  of  the  measure  in  question  was 
indicated, while  no  form was provided at all, with the text being only communicated in  the 
original language. This may have created a risk of the incomprehension of the information. It 
needs  to  be  recalled  that  according  to  the  Annex  of  the  Decision  the  Member  States  shall 
translate  the  full  name  of  the  measure,  its  short  description  as  well  as  their  comments  and 
observations into an official language of the Institutions of the European Union other than its 
own.  

4. 

INFORMATION TRANSMITTED 

Policy intentions and long-term programming  

On 20 April 2007 the United Kingdom sent two documents adopted by the Home Office in 
March  2007:  "Securing  the  UK  Border  –  Our  vision  and  strategy  for  the  future"  and 
"Enforcing  the  Rules  –  A  strategy  to  ensure  and  enforce  compliance  with  our  immigration 
laws". These documents set out the new approach of the British authorities concerning border 
policy and enforcement of immigration rules. 

On  25  June  2007  Spain  informed  of  the  "Strategic  Plan  for  Citizenship  and  Integration" 
which explains the Spanish approach to Integration in the years 2007-2010. 

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On 17 April 2008 Romania informed about the Government Decision for the approval of the 
National Immigration Strategy for 2007 – 2010.  

On 13 April 2007 the Netherlands informed about its intention to adopt a Policy regulation 
to settle the inheritance of the former Aliens Act.  

The  Netherlands  also  informed  on  1  August  2008  about  a  letter  from  the  Minister  and 
Deputy  Minister  of  Justice  to  the  President  of  the  Parliament  on  the  Analysis  of  the 
application of Article 1F of the 1951 Convention relating to the Status of Refugees. The 
letter of 9 June 2008 contains conclusions of an evaluation of the Dutch policy on Article 1F 
of the 1951 Convention.  

Furthermore  the  Netherlands  shared  on  29  September  2008  with  Member  States  the 
"Blueprint for Modern Migration Policy". The Blueprint had been presented to the Dutch 
Parliament  on  27  June  2008  and  contains  the  Dutch  Cabinet's  proposal  for  the  admission 
and residence of foreign nationals who wish to reside in the Netherlands. 

Finally, the Netherlands informed on 12 February 2009 about the adoption of the document 
"Achieving a more effective asylum procedure and a more effective return policy". This 
document  outlines  the  Cabinet’s  plans  for  a  more  meticulous  and  more  rapid  asylum 
procedure, which will also promote the return of refused asylum seekers.  

On 9 December 2008 Sweden informed about the adoption of the International Strategy of 
the Swedish Migration Board. The document is a comprehensive, agency-wide International 
Strategy adopted by the Director General in June 2008.  

Draft legislation 

More information concerning regularisation of asylum-seekers in the Netherlands (indicated 
previously under policy intentions) followed on 7 May and 5 June 2007. Under the regulation 
foreign nationals, who have submitted an application for asylum before 1 April 2001 and have 
lived  uninterruptedly  in  the  Netherlands  since  1  April  2001,  would  be  granted  ex  officio  a 
residence permit. A permit would not be granted under the regulation to foreign nationals who 
constitute a danger to public order or national security. Foreign nationals, who have declared 
false identities or nationalities in various procedures and whose identities or nationalities have 
been established as false, would not be granted a permit under this regulation either.  

On 3 May 2007, Italy informed about a draft law amending the regulations for immigration 
and conditions for foreigners, which includes, among others, a preferential channel for highly 
specialized  workers  (in  the  field  of  research,  science,  culture,  art,  management,  show 
business, sport) for granting rapidly a stay permit for maximum 5 years as well as measures 
for an effective return policy. 

On  8  November  2007  Italy  reported  on  the  Act  of  the  Senate  No  1201  concerning  draft 
legislation on the interventions on the fight against the exploitation of irregular employees 
which  aimed  to  reinforce  the  protection  of  the  migrant  workers  and  strengthen  employers' 
sanctions.  

On  17  June  2008  the  Czech  Republic  informed  about  a  proposal  on  legal  migration 
introducing a “Green Card”, which was due to enter into force in the middle of 2009. The 
“Green Card” was intended to be a document unifying a work permit and residential permit 

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for  the  territory  of  the  Czech  Republic  and  serve  as  a  long-term  residence  permit  for  the 
purpose of employment in special cases.  

Adopted legislation 

On 8 March 2007 the Slovak Republic informed about the changes in the new asylum law, 
which  incorporates  the  concept  of  subsidiary  protection.  On  31  January  2008  the  Slovak 
Republic informed about further amendments of the asylum law. 

On 2 July 2007 Hungary informed about the new immigration legislation of Hungary ("Act 
II  of  2007  on  the  Entry  and  Stay  of  Third-Country  Nationals").  The  new  legislation,  which 
entered into force on 1 July 2007, mainly serves the purpose of harmonization with relevant 
EU legal instruments, most notably the Schengen Acquis. 

On  the  same  date  Hungary  informed  about  the  new  "Act  LXXX  of  2007  on  Asylum"  that 
was  adopted  on  the  25  June  2007  and  entered  into  force  on  1  January  2008.  The  new 
legislation mainly serves the purpose of compliance with relevant EC directives (Qualification 
Directive,  Procedures  Directive,  and  Reception  Directive)  and  introduces  inter  alia  the 
concept  of  subsidiary  protection  into  Hungarian  legislation.  An  English  version  of  the  new 
law had been submitted on 21 December 2007. 

Finally, on 18 August 2009, Hungary provided the text of Government Decree 113/2007 and 
114/2007  on  the  Implementation  of  Act  I  of  2007  on  the  Admission  and  Residence  of 
Persons  with  the  Right  of  Free  Movement  and  Residence  which  implement  the  Free 
Movement Act having entered into force on 1 January 2007.  

On  6  July  2007  Malta  informed  about  new  legislation  which  implements  in  national  law 
Directive 2003/86/EC on the right to family reunification for third-country nationals.  

On  the  same  date  Poland  informed  about  an  Ordinance  of  27  June  2007  of  the  Minister  of 
Labour and Social Policy amending the ordinance on work of foreigners without the need of 
possession  of  work  permit.  It  was  expected  that  the  new  rules  will  both  promote  legal 
employment  of  aliens  and  respond  to  shortages  of  work  force  noticed  especially  in 
agriculture and construction. The Ordinance entered into force on 5 July 2007.  

In addition Poland informed on 31 January 2008 about a further amendment of the ordinance 
on work of foreigners without the need of possession a work permit. The initial time period 
(up  to  3  months)  was  extended  to  a  maximum  period  of  6  months  during  a  period  of  12 
months. The Ordinance entered into force on 1 February 2008. 

Finally  Poland  informed  on  20  July  2007  about  Act  of  24  May  2007  amending  the  Act  on 
Aliens  (and  some  other  acts).  This  Act  aimed  to  implement  Directive  2005/71/EC  and 
Directive  2004/114/EC  Moreover,  the  amendment  includes  an  abolition  instrument 
(regularization)  for  aliens  residing  illegally  on  the  territory  of  the  Republic  of  Poland 
continuously at least since the 1 January 1997, who until 6 months from the day of entry of 
this Act into force submit an application for residence permit for a fixed period of 1 year. The 
Act entered into force on 20 July 2007. 

On  27  September  2007  Germany  informed  about  new  legislation  amending  German 
immigration law. The main purpose of this act was the implementation of eleven Directives. 
Furthermore, the Residence Act, which took effect on 1 January 2005, has been amended to 
combat bogus and forced marriages; to step up internal security; to promote the integration of 

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foreigners (including a tolerated stay for certain categories of third-country nationals), and to 
make it easier for those wishing to start a business to come to Germany.  

Portugal informed on 6 November 2007 about new legislation (Act 23/2007 of 4 July 2007 
and  Decree  Reg.  84/2007  of  5  November  2007)  which  approves  the  legal  framework  of 
entry, exit, stay and removal of foreigners into and out of the national territory. With this 
law Portugal transposed several Directives, in particular on legal migration, into national law. 

On 12 March 2008 Slovenia informed about the "International Protection Act (IPA)" which 
entered  into  force  on  1  January  2008.  With  the  IPA  Slovenia  transposed  the  Asylum 
Directives  into  national  law.  Outside  the  obligations  set  out  in  the  Directives,  the  Act 
introduces a new chapter on permanent resettlement based on quotas.  

On 8 April 2008 the Czech Republic informed about the amendment of the Act No. 326/1999 
Coll. on the Residence of Aliens on the Territory of the Czech Republic which entered into 
force on 21 December 2007. The Act on the Residence of Aliens in the Territory of the Czech 
Republic  is  the  basic  legislative  instrument  which  contains  legal  provisions  for  the 
arrangement of rights and obligations of aliens legally residing in the territory of the Czech 
Republic  and  those  who  are  entering  the  territory,  arrangement  of  visas,  expulsion  etc.  The 
main  amendments  concern  the  transposition  of  Directive  2005/71/EC  and  of  Directive 
2001/51/EC, the obligation of aliens applying for a visa to allow their fingerprints to be taken 
together with pictures, the introduction of the condition to prove Czech language skills as a 
necessary  requirement  for  the  application  for  a  permanent  residence  permit  and  the  new 
regulations concerning fraudulent acts whose objective is to obtain approval for residence in 
the Czech Republic - "purpose marriages". 

Also on 8 April 2008 Sweden informed about the amendment of the Swedish Aliens Act and 
the Aliens Ordinance which already entered into force early 2006. The Aliens Act contains 
inter  alia  measures  on  conditions  on  which  an  alien  may  enter,  stay  and  work  in  Sweden, 
visas,  right  of  residence,  refugees  and  persons  otherwise  in  need  of  protection,  long-term 
residence  status  in  Sweden  for  third-country  nationals,  detention,  enforcement  of  refusal  of 
entry and expulsion orders, appeal procedures, public counsel and temporary protection. The 
Aliens  Ordinance  contains  provisions  on  travel  documents,  visas,  right  of  residence, 
residence  permits,  work  permits,  controls  and  coercive  measures,  the  duty  to  provide 
information and refusal of entry, expulsion, etc.  

Austria  communicated  on  16  April  2008  the  text  of  the  Federal  Act  concerning  settlement 
and  residence  in  Austria  (the  Settlement  and  Residence  Act  –  SRA)  and  the  Federal  Act 
Concerning  the  Granting  of  Asylum  (2005  Asylum  Act).  Both  entered  into  force  on  the  1 
January 2006.  

On  13  August  2009  Austria  communicated  the  text  of  the  Amendments  to  the  Asylum, 
Settlement and Residence Act, Foreign Policy Act of 1 April 2009.  

On 10 May 2007 Greece informed about a regularization procedure for specific categories 
of  third-country  nationals.  Article  18,  par.  4  of  law  3536/2007  provides  for  a  regularization 
procedure concerning specific categories of third-country nationals who used to live in Greece 
until 31 December 2004 and who have been living in Greece ever since, provided that they do 
not constitute a threat to public order and public security. The persons concerned shall provide 
specific evidence to document their residence in Greece. Spouses and minor children of the 
said nationals are independently subject to the regulations.  

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On  15  May  2008  Greece  informed  –  by  referring  to  Article  2  paragraph  4  of  the  Council 
Decision  –  about  the  Presidential  Decree  No.  106/2007  concerning  the  transposition  of  the 
Directive  2004/38/EC.  On  the  same  date,  the  information  was  provided  about  the  Joint 
Ministerial  Decision  no.  16928/17-8-07  on  the  certification  of  knowledge  of  Greek 
language as well as elements of the Greek history and culture for third-country nationals who 
wish  to  apply  for  long-term  resident  status,  amended  by  Joint  Ministerial  Decision  no 
999/03-3-08. 

Spain  informed  on  23  September  2008  about  new  legislation  concerning  the  support  of 
voluntary  return  of  unemployed  third-country  nationals  to  their  countries  of  origin.  The 
measure,  adopted  by  Government  Decree  4/2008  of  19  September  2008,  creates  the 
possibility of paying in two instalments the contributory unemployment allowances to third-
country national unemployed workers, who are in legal situation in Spain,  and decide to go 
back  voluntarily  to  their  countries  of  origin.  The  general  rule  is  that  the  workers  must  be 
nationals  from  third  countries  with  which  Spain  has  signed  bilateral  agreements  on  social 
security.  

Final decisions of the highest courts or tribunals 

No information was submitted. 

Administrative decisions affecting a large group of third-country nationals or having a 
general nature 

On  3  May  2007,  Italy  informed  about  the  adoption  of  a  Directive  by  the  Minister  of  the 
Interior  and  the  Minister  for  Family  policies  on  the  residence  of  foreign  minors  and  a 
Circular on the issue of residence permit to non- EU amateur sportsmen. 

In addition, Italy submitted on 6 December 2007 information about a Decision taken by the 
Minister  of  the  Interior  concerning  residence  permits  issued  for  the  social  protection  of 
immigrants who face exploitative working conditions.  

Spain informed on 25 June 2007 about a ministerial order measuring economic means for 
foreigners  to  enter  Spain  and  a  second  ministerial  order  regulating  invitation  letters  from 
individuals inviting foreigners to enter Spain for private or tourist purposes. 

Moreover, Spain communicated on 2 August 2007 instructions determining the procedure of 
managing  applications  of  third-country  nationals,  enrolled  in  Spanish  ships,  to  obtain 
permits to live and work in Spain.  

Finally  Spain  informed  on  17  January  2008  about  a  Decision  of  the  Spanish  Council  of 
Ministers, of 21 December 2007, regulating the quota of foreign non-Community workers 
in Spain for the year 2008.  

Other 

On 2 November 2007 the Netherlands informed about a Decision of the Administrative Law 
Division  of  the  Council  of  State  to  request  the  European  Court  of  Justice  to  give  a 
preliminary ruling on questions related to the scope of Article 15 (opening lines) and (c) of 
Directive 2004/83/EC. 

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Sweden informed on 22 July 2008 about Guidelines from the Director General of the Swedish 
Migration Board (adopted in May 2008) on the application of the Dublin Regulation with 
respect to Greece. 

The Netherlands shared with Member States on 2 October 2008 policy decisions in the field 
of asylum which had been taken with regard to specific countries of origin. The decisions 
concern  the  use  of  country  information  for  the  assessment  of  asylum  applications  in  the 
Netherlands. On 14 August 2009 it provided the new annex to this document.  

5. 

EVALUATION 

Member States and the Commission3 have underlined that the absence of border checks in the 
Schengen area, the common visa policy, the tight economic and social relations between EU 
Member States and the development of common immigration and asylum policies have as a 
consequence  that  national  immigration  policies  clearly  have  an  impact  beyond  national 
borders. Actions taken in one Member State for national or regional reasons can rapidly have 
an  impact  on  another  Member  State.  In  this  light,  the  systematic  exchange  of  information 
allows to obtain a better knowledge of other Member States' policies, to improve coordination 
between them, to influence the quality of new EU legislation and, finally, to increase mutual 
knowledge and confidence.  

It can be concluded that the practical experience of the functioning of the MIM did not meet 
these expectations. Even if the quantity of information provided may not be a sole factor of 
assessment, it is apparent that its scale of application must be deemed insufficient. Although, 
according  to  Art.  2(1)  of  the  Decision,  it  is  for  each  Member  State  to  evaluate  whether  its 
national measures are likely to have a significant impact on several Member States or on the 
EU as a whole, it is surprising to see that only a small proportion of measures were judged as 
falling  under  this  category.  Moreover,  a  relatively  considerable  number  of  Member  States 
have never communicated any measure through the MIM (BE, BU, CY, DK, EE, FI, FR, IE, 
LV, LT, LU).  

The weakening dynamics of the exchange of information within the MIM is also evident even 
though  the  Commission  has  on  numerous  occasions  encouraged  Member  States  to  use  the 
system.  It  is  unclear  why  the  MIM  has  been  employed  in  the  recent  period  so  rarely,  even 
though  Member  States  have  remained  active  in  their  internal  policies  on  immigration  and 
asylum.  The  Commission  notes  that  at  the  same  time  inquiries  have  been  made  about 
potentially far-reaching measures discussed or adopted in other Member States, since they had 
not been communicated within the MIM. This demonstrates that the absence of information 
may  indeed  stand  in  the  way  of  building  the  mutual  trust  necessary  for  the  effective 
cooperation in the area of immigration and asylum. 

A particular concern may be expressed with regard to the communication of measures before 
their adoption. Only 4 pieces of draft legislation and 9 measures concerning policy intentions 
or  long-term  programming  have  been  provided.  The  poor  level  of activity  at  this  stage  of  a 
decision-making process surely does not contribute to an exchange of views helping to form a 
more coordinated approach of national policies.  

3 

See for example: the Commission Communication Towards a Common Immigration Policy, 
COM(2007) 780 final. 

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The  Commission  recalls  that  the  aim  of  the  MIM  was  to  provide  a  flexible,  rapid  and  non-
bureaucratic  channel  of  exchange  of  information,  subject  to  confidentiality  and  data 
protection requirements. This constitutes an added value compared to other existing fora and 
mechanisms  within  EU,  as  they  may  not  always  give  an  opportunity  to  ensure  a  transfer  of 
information in "real time" and on ad-hoc basis, in the event such a necessity arises.  

6. 

CONCLUSIONS 

Strengthening  information  sharing  and  joint  discussion  within  the  EU  is  a  way  to  ensure  a 
high  level  of  political  and  operational  solidarity  in  the  common  immigration  and  asylum 
policy. National measures taken in isolation may weaken European cohesion and trust4.  

The  need  to  foster  the  exchange  of  information  in  this  field  has  also  been  stressed  in  the 
European  Pact  on  Immigration  and  Asylum,  where  it  was  agreed  to  strengthen  mutual 
information on migration by improving existing instruments where necessary5.  

In  its  Communication  issued  in  view  of  the  Stockholm  Programme6,  the  Commission  also 
indicated that the exchange of information between Member States concerning regularisations 
should be improved.  

Consequently,  the  Commission  is  of  the  view  that  effective  communication  must  remain  a 
crucial  component  of  further  development  of  the  EU  policies  on  immigration  and  asylum, 
where the need for the exchange of information will only be enhanced. In the way the MIM 
currently functions, it does not seem, however, to attain in itself this objective.  

Given  the  relatively  short  period  of  functioning  of  MIM,  the  Commission  does  not  also 
consider it relevant to propose amendments to the Decision, according to its Article 5. There 
is  no  evidence  that  the  reasons  of  the  unsatisfactory  application  of  the  Decision  lie  in  the 
frame of its provisions. It can also be concluded, from the workshops mentioned above, that 
the use of the CIRCA network did not create substantial technical problems. 

In future, the Commission considers it desirable to streamline the functioning of the MIM into 
a more general framework. A suitable context presents itself with the launch of the tracking 
method for monitoring the implementation of the European Pact on Immigration and Asylum 
whose  output  will  be  the  Commission's  annual  report  to  the  Council.  The  first  tracking 
method report will be published in 2010, while it will take on an extended form in 2011, to 
cover  also  the  commitments  relating  to  the  Stockholm  Programme  and  its  accompanying 
Action Plan7.  

This  means  that  following  this  report,  the  information  currently  communicated  through  the 
MIM  will  in  the  following  years  be  provided  in  the  Commission's  annual  report  on  the 
implementation of the Pact. 

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5 
6 

7 

See: Commission Communication: A Common Immigration Policy for Europe: Principles, actions and 
tools, COM(2008) 359 final. 
Council Document 13440/08. 
Commission  Communication:  An  area  of  freedom,  security  and  justice  serving  the  citizen 
COM(2009) 262/4. 
Commission  Communication:  Tracking  method  for  monitoring  the  implementation  of  the  European 
Pact on Immigration and Asylum, COM(2009) 266 final. 

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ANNEX: 

INFORMATION PROVIDED BY MEMBER STATES 

Member States 

Administrative 
decision 

Adopted 
legislation 

Draft 
legislation 

Judicial 
decisions 

Other 

Policy 
intentions,  long-
term 
programming 

Total 

2 

Austria 

Belgium 

Bulgaria 

Cyprus 

Czech Republic 

1 

1 

Denmark 

Estonia 

Finland 

France 

Germany 

Greece 

Hungary 

Ireland 

Italy 

Latvia 

Lithuania 

Luxembourg 

Malta 

Netherlands 

Poland 

Portugal 

Romania 

Slovakia 

Slovenia 

Spain 

Sweden 

UK 

Total  

2 

1 

1 

3 

4 

1 

3 

1 

1 

1 

1 

2 

21 

4 

0 

3 

4 

7 

3 

1 

4 

4 

1 

1 

1 

2 

9 

2 

0 

0 

0 

2 

0 

0 

0 

0 

1 

3 

4 

0 

5 

0 

0 

0 

1 

8 

3 

1 

1 

1 

1 

6 

4 

2 

45 

EN 

11 

   EN