Legal Immigration

New migration pact intended to control EU immigration policy

Migration

10.11.2008

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New migration pact intended to control EU immigration policy

The European Union's immigration policy is a balancing act: on the one hand Europe needs more immigrants because of its shrinking population. On the other hand, it wants to prevent illegal immigration more effectively. On October 16 the EU's heads of state met in Brussels and agreed the "European Pact on Immigration and Asylum." It is seen as one of French President Nicolas Sarkozy's prestige projects, and at one stage was at the very top of the agenda for the French EU Presidency.

The Pact brings together a number of existing EU regulations but there is little new in it. In the document, the governments of the individual states declare their readiness to cooperate better in the areas of labour migration, asylum and deportation. The southern European states, in particular, are hoping for help to deal with the consequences of illegal immigration. The Maltese Foreign Minister, Tonio Borg, sees the pact as the first significant step on the way to finding a solution to the problem of European migration. He says there is a need to ensure that words are backed up by action, and he is hoping to see tangible results by next year. But he warns that the Pact will not in itself solve all of the problems.

Increasing fear of deportation

The15-page document deals with five main areas of action: legal immigration, illegal immigration, border controls, asylum policy and EU relations with third countries. In practice, it will mean a better chance of a job in Europe for some, and a greater fear of deportation for others. The EU intends to work more closely with countries of origin on deportation, while at the same time intensifying controls around its outer borders.

Dispute over illegal immigrants

In some countries there is dispute over the widespread issuing of residence permits to illegal immigrants. France wanted the text to include condemnation of the practice, but it was moderated at the request of the Spanish. All the same, there will have to be closer cooperation on such issues, since immigration rules at a national level no longer make sense: the countries within the Schengen Zone allow complete freedom of movement without immigration controls.

Different standards for asylum applications

Two thirds of the world’s asylum applications are submitted within the EU and last year there were more than 22,000. But the criteria for granting asylum are different in each EU member state and a person who would be rejected in one country might be accepted in another. The Liberal MEP Silvana Koch-Mehrin says the Pact does not go far enough. “We see that every country makes its own policy, for example, on the legalisation of people without adequate documentation,” she says.

“There is still no common directed immigration policy for the immigrants whom we do need. These issues should have been dealt with, at least in broad terms, but nothing has happened.”

Migration remains a matter for national law

One important issue is that the European Pact on Immigration and Asylum is not legally binding, because such a document would never have been approved. In future, national states will remain responsible for immigration policy as it affects individuals. The Maltese Foreign Minister, Tonio Borg, still hopes to receive support on the refugee issue. He says the pact will be better accepted if it is voluntary, but that the European Commission will still keep an eye on how it is implemented. In the past, Malta had to knock on the door of other states and beg for help, now it will receive help and guidance from the Commission.

It is not yet clear how much effect the pact will have in years to come but from 2010, there will be an annual meeting to review its effectiveness.