REGINE Regularisations in Europe Final Report - European ...

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Communication from the Commission to the Council and the European Parliament on a common policy on illegal immigration, COM (2001) 672 (final) Communication from the Commission to the European Parliament and the Council in View of the European Council of Thessaloniki on the Development of a Common Policy on Illegal Immigration, Smuggling and Trafficking of Human Beings, External Borders and the Return of Illegal Residents, COM (2003) 323(01) Communication from the Commission to the Council, European Parliament, the European Economic and Social Council and the Committee of the Regions on Immigration, Integration, and Employment, COM (2003) 336 final, Brussels, 3.6.2003 Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions; Study on the Links Between Legal and Illegal Migration, Com (2004) 412 final, Brussels 4.06.2004 Communication from the Commission on Policy priorities in the fight against illegal immigration of third country nationals, COM (2006) 402 final, Brussels, 19.7.2006 Communication from the Commission to the European Parliament, the Council, the European Economic Social Committee and the Committee of Regions, Policy Plan on Asylum: An Integrated Approach to Protection across the EU; COM (2008) 360, Brussels, 17.06.2008 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions; A Common Immigration Policy for Europe: Principles, actions, and tools. COM (2008) 359, Brussels, 20.06.2008 11.2.3 Legislative proposals European Commission, Proposal for a Directive of the European Parliament and of the Council on common standards and procedures in member states for returning illegally staying third country nationals; COM (2005) 391 final, Brussels, 1.9.2005 European Commission, Proposal for a Directive of the European Parliament and of the Council providing for sanctions against employers of illegally staying third-country nationals; COM (2007) 249 final, Brussels, 16.5.2007. European Commission, Proposal for a Council Directive on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment COM (2007) 637 final, Brussels, 23.10.2007 European Commission, Proposal for a Council Directive on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State. COM (2007) 638 final, Brussels 23.10.2007 Council of the European Union, Proposal for a Directive of the European Parliament and of the Council on common standards and procedures in Member States for returning illegally staying third-country nationals, No 10737/08, Brussels, 25.06.2008 152
European Commission, Proposal for a Directive of the European Parliament and of the Council laying down minimum standards for the reception of asylum seekers. COM(2008) 815 final, 3.12.2008 11.2.4 Other European Union documents European Commission (2008): New Tools for an Integrated European Border Management Strategy. Memo 08/85. Brussels, 13.02.2008 European Parliament, Committee on Civil Liberties, Justice and Home Affairs (2007): Report on policy priorities in the fight against illegal immigration of third-country nationals (2006/2250(INI)), Rapporteur: Javier Moreno Sánchez. Available at: http://www.europarl.europa.eu///sides/getDoc.do?type=REPORT&language=EN&reference=A6- 2007-0323 11.3 Relevant instruments under international law 11.3.1 Council of Europe Conventions Council of Europe – ETS no. 019 – European Convention on Establishment, Article 21(2), Chapter VI on taxation, compulsory civilian services, expropriation, nationalisation Council of Europe – ETS no. 093 – European Convention on the Legal Status of Migrant Workers 11.3.2 European Court of Human Rights – judgements European Court of Human Rights (ECtHR) judgement of 17 January 2006, No. 51431/99, Aristimuño Mendizabal v. France European Court of Human Rights (ECtHR): judgement of 31 January 2006, No. 50435/99, Rodrigues Da Silva & Hoogkamer v. The Netherlands European Court of Human Rights (ECtHR): judgement of 15 January 2007 (GC), No. 60654/00, Slivenko et al. v. Latvia 11.3.3 Other relevant instruments under international law International Labour Organization – C97 – Migration for Employment Convention (Revised) of 1949 International Labour Organization – C143 – Migrant Workers (Supplementary Provisions) Convention of 1975 United Nations – Convention on the Rights of the Child of 1989 United Nations – International Convention on the Protection of the Rights of All Migrant Workers and Their Families of 1990 (ICRMW) 153
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REGINE Regularisations in Europe St
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CONTRIBUTORS Principal authors Mart
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Preface In December 2007, the Europ
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1 Terms, definitions and scope 1.1
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Table 1: Types of illegal or irregu
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1.3 Freedom of movement rights and
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1.4 The meaning of ‘regularisatio
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Regularisation Mechanism A regulari
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2 Previous comparative studies on r
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Generally, the focus of SOPEMI repo
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enefiting from regularisation has s
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amnesty and moreover involved (limi
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2. 3 The Odysseus study on regulari
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etween expediency and obligations c
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Sunderhaus identifies several ratio
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whether it can be attributed to pul
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Box 2: 3-tier earned regularisation
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measures; it does address questions
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3.1.1 Regularisation Programmes Ove
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Nine Member States provided details
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Figure 3 Grants of regularised stat
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Box 3: Regularisation policy in Swi
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3.2 Regularisation as a policy resp
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Table 5: Comparative table of regul
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case in Europe, alongside the more
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that a year after regularisation so
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treatment according to nationality,
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iii. issues of advance planning iv.
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iv. the requirement to appear in pe
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denying residence permits to existi
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efugees under the provisions of the
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4 Government positions on policy 15
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5 Positions of social actors 5.1 In
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Since the 1990s - and in some count
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live their lives without fear.” 1
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admission policies. 181 The Danish
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and useful, if planned and implemen
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depend on (unskilled) immigrant lab
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migration”. 209 In the opinion of
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stresses that “economic immigrati
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undocumented migrants by the Brusse
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NGO/Country Main activities in rega
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NGO/Country Assessment of own role/
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known that this makes them vulnerab
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eaching reforms of the overall fram
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Accord of March 2008 have not yet b
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Table 8: Suggested target groups fo
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policy measures that could be adopt
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followed by the granting of any sta
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for irregular migrants, while Italy
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interpretations of the EU directive
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considered to be “flexible, adapt
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iii. Measures and sanctions against
Page 107 and 108: of international protection, it is
Page 109 and 110: 7.2 European Union approaches to il
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Page 113 and 114: involve large numbers. Secondly, th
Page 115 and 116: 8 Policy Options OPTION 1: REGULATI
Page 117 and 118: initiative. In the case of permanen
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Page 121 and 122: nor need it be seen as an endorseme
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Page 125 and 126: OPTION 6: STRENGTHENING THE PRINCIP
Page 127 and 128: Rationale and possible impact: Upon
Page 129 and 130: information exchange could contribu
Page 131 and 132: d) apprehension data should disting
Page 133 and 134: OPTION 11: REVIEW OF ADMINISTRATIVE
Page 135 and 136: 9 Conclusions and preferred policy
Page 137 and 138: management of irregular migration s
Page 139 and 140: more reserved than that of Business
Page 141 and 142: 9.5.2 Policy issues Previously (in
Page 143 and 144: Option 6a Facilitating access to lo
Page 145 and 146: Italy Ministerio Interno, Dipartime
Page 147 and 148: Federacion Andalucia ACOGE, Respons
Page 149 and 150: 11 References - secondary sources 1
Page 151 and 152: United Kingdom, European Democrat G
Page 153 and 154: Hollifield, J. (2004): ‘France: R
Page 155 and 156: Papademetriou, D. (2005): The “Re
Page 157: Watts, J. (2002): Immigration Polic
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