Strengthening the EU's Comprehensive migration policy: new initiatives of the European Commission on the Global Approach to migration, on Integration and on Family Reunification of third-country nationals
Vice-President Jacques Barrot, Commissioner responsible for Freedom, Security and Justice, stated that "Migration policy remains high on the European Unions' agenda. The Commission believes that a comprehensive migration policy that incorporates the interests of the Member States, partner countries and the migrants themselves is needed and feasible. On 16 October the European Council will adopt the European Pact on Immigration and Asylum. With the three documents presented today, the Commission already puts on the table concrete proposals for the follow-up and thorough implementation. We will make sure to govern migration in a coherent and coordinated way in even closer partnerships with third countries. We will nurture our tools for integration as it becomes an even more crucial aspect of legal migration. And we will ensure the acknowledged right to family reunification of third country nationals is guaranteed in accordance with the Directive from 2003."
The Communication on the Global Approach suggests to strengthen the means of reaching the Union's strategic objectives: to address all migration and asylum issues in a comprehensive and balanced manner, to fully integrate migration into the European Union's other external policies, and to manage the EU's external dimension of the migration policy through genuine partnership with third countries. It suggests both substantive and methodological improvements on how to facilitate legal migration and mobility, how to manage illegal migration, and how to ensure that migration can contribute to development. The way forward is to fine-tune the Global Approach to each region and country; to step up coordination among all stakeholders; to encourage the pooling of resources; and to enhance and upgrade the migration management capacities of both Member States and partner countries.
The Report to the 2008 Ministerial Conference on Integration, to be held under on 3/4 November in Vichy, comes in response to June 2007 Council Conclusions stressing the need to consider approaches to integration that involve society as a whole. The Report focuses on participation and citizenship; on measures targeting the host society; and on how integration policies may contribute to the prevention of social alienation. It also elaborates on new instruments such as common European modules for integration and common tools for evaluating integration policies. These instruments will contribute to further addressing the integration aspects highlighted by the European Pact on Immigration and Asylum.
The report on family reunification analyses national legislation implementing the Directive 2003/86/EC on the right of legally residing third-country nationals to be joined by their non-EU family members. Therefore this report does not deal with the situation of third-country nationals who are members of the family of a Union citizen regulated in the framework of free movement of EU citizens. It summarises Member States' transposition of the Directive, identifies possible problems (visa facilitation, granting autonomous residence permits, taking into account the best interest of the child, legal redress and more favourable provisions for the family reunification of refugees, the income requirement and possible integration measures should be mentioned in particular) and gives recommendations on proper application. As a follow-up to this report, the Commission will examine all cases where application problems were identified in order to ensure that the provisions of the present Directive are correctly applied. Moreover it intends to launch soon a wider consultation – in the form of a Green Paper – on the future of the family reunification regime.
MEMO/08/613
Brussels , 8 October 2008
Strengthening the Global Approach to Migration
What is the Global Approach to migration
The Global Approach to migration can be defined as the external dimension of the European Union's migration policy. It is based on genuine partnership with third countries, is fully integrated into the EU's other external policies, and addresses all migration and asylum issues in a comprehensive and balanced manner. Adopted in 2005, it illustrates the ambition of the European Union to establish an inter-sectoral framework to manage migration in a coherent way through political dialogue and close practical cooperation with third countries. The approach therefore addresses three equally important thematic dimensions: the management of legal migration, the prevention and reduction of illegal migration, and the relation between migration and development.
Why another communication on the Global Approach to migration and why now?
The Communication presented today - which ensues from the Communication of June 2008 on A Common Immigration Policy for Europe - aims to be one of the first building blocs of the European Pact on Immigration and Asylum due to be adopted by the October European Council. Besides being a response to the European Council's call to report on what is being done to implement the Global Approach, it illustrates the usefulness of the Global Approach as a framework to approach migration in a comprehensive manner. It also suggests how implementation can be achieved more efficiently. These proposals imply a strengthening of the policies presented in three specific Commission Communications presented over the past three years , which set out short-term measures in relation to particular geographical areas and countries, and on an interim progress report presented in December 2007 . Finally, it also builds on the Tampere European Council in 1999 and The Hague Programme of 2004, which laid the ground for t he development of the Global Approach to migration and its role as the external dimension of the European Union's migration policy.
What is the main content of this Communication?
This Communication suggests both substantive and methodological improvements to the Global Approach, focusing on ways of improving coordination, coherence and synergies. The Communication examines the relevance of the thematic development of the Global Approach. It then focuses on the geographical aspects and suggests a more differentiated approach to cooperation gearing it to the specific context of the various regions and countries. Finally, it considers the Global Approach as a framework for coherence and coordination in achieving better governance of migration flows, and its efficiency in terms of the available financing instruments.
What does the Commission suggest in terms of real action?
The analysis in this Communication illustrates the relevance, efficiency and balanced scope of the Global Approach. The Communication also shows that it is now necessary to refine this approach as a way to further improve the attainment of the strategic objectives of the Union as regards migration: to better manage economic migration, to prevent and reduce illegal migration and to make migration and mobility positive forces for development. The Union and its Member States should, to this end, step up their efforts to mainstream and coordinate migration with other external as well as internal policy areas.
New proposals on how to intensify the dialogue and cooperation with third counties – one of the main principles underlying the Global Approach – are presented. The Global Approach should be adapted to the specific character of the regions and countries it applies to by targeted action as well as by using better the existing multilateral cooperation forums and broadening the existing dialogue. Such i improvements should make it possible to manage more effectively the new and evolving challenges and opportunities set by international migration in cooperation with countries in the regions neighboring the EU, in Sub-Saharan Africa, the Middle East, Latin America and Asia .
A comprehensive policy towards migration requires closer coordination among all stakeholders and at all levels, between the EU and the national, regional and local level and with third countries, using a range of instruments. More systematic and regular monitoring and evaluation could also ensure the necessary synergies to increase efficiency. The Commission proposes to e enhance and upgrade the migration management capacities of the Union, to strengthen capacity building measures in selected source and transit countries of migration, and to s et up mechanisms for coordinating and, possibly, pooling the resources of Member States, Community and third countries to serve the Global Approach priorities.
What will be the follow-up?
The European Council of Heads of State and Government in December 2008 is expected to give guidance on further implementation of the proposals in the Communication. The Commission will thereafter work in close cooperation with Member States to ensure that the guidelines are put into practice.
A Common Immigration Policy for Europe : principles, actions and tools, COM/2008/0359 .
Priority actions for responding to the challenges of migration: First follow-up to Hampton Court (COM (2005) 621); The Global Approach to Migration one year on: Towards a comprehensive European migration policy (COM (2006) 735) Applying the Global Approach to Migration to the Eastern and South-Eastern Regions Neighbouring the European Union (COM (2007) 247)
Interim report on the progress of the overall approach in the field of migration (SEC (2007) 1632)
MEMO/08/612
Brussels , 8 October 2008
Strengthening actions and tools to meet integration challenges – Report to the 2008 Ministerial Conference on Integration
Policy context: the European framework for the integration of third-country nationals
Integration of third-country nationals is one of the most important challenges that Europe has to address today as there can be no successful immigration policies without integration strategies. Since the adoption in 2005 of the Common Agenda for Integration implementing the Common Basic Principles on integration (CBPs) established by the Council in 2004, the EU is acting as a facilitator to exchange good practice by providing common points of reference and promoting evaluation and comparative analysis for designing effective integration measures.
As requested by Council Conclusions of June 2007, this Report highlights what has been done to consolidate the Common Agenda and implement the CBPs by developing approaches to integration that involve society as a whole. It focuses on participation and citizenship; on measures targeting the host society; and on how integration policies may contribute to the prevention of social alienation. It also elaborates on new instruments such as common European modules for integration and common tools for evaluating integration policies. These instruments will contribute to further addressing the integration aspects highlighted by the June 2008 Communication and the up-coming Ministerial Conference on Integration and the European Pact on Immigration. The report also covers very recent developments in employment, social inclusion and education as crucial elements of the participation of immigrants in European societies.
The Report will be the subject of discussions at the 2008 Ministerial Conference on Integration organised by the French Presidency on 3/4 November in Vichy.
Strengthening actions and tools to meet integration challenges
- Participation and citizenship
Despite the various forms of participation and the variety of approaches to citizenship policies, results from the Migrant Integration Policy Index indicate that Member States score low on nationality and participation policies are still weak. Participation in the democratic process is crucial to foster integration and should be promoted. Acquisition of citizenship can enhance solidarity and strengthen a sense of belonging to a society both among immigrants and the rest of the population.
- Measures targeting the host society
As Europe becomes increasingly diverse, measures targeting its societies are crucial to support understanding and co-existence between different cultural identities. Structural barriers against the empowerment of immigrants should be removed and measures targeting the host society and involving the media to foster understanding of immigration should be implemented to enhance the mutual accommodation process.
- Prevention of social alienation
It is important to explore further how integration policies can help prevent social alienation by fostering immigrants' empowerment and putting the focus on the benefits that successful integration brings for host society and immigrants alike. Intercultural and inter- and intra- religious dialogues should be further promoted as instruments to actively fight racism, xenophobia, discrimination and isolation of immigrants.
- Common European modules for integration
To promote successful strategies for integration policies, different aspects of the integration process were studied and various integration measures put into practice at EU and national level. It is now time to develop Common European modules as building blocks for comprehensive integration strategies covering the various aspects of the integration process. The creation of these modules will form an established but flexible point of reference that can be adapted to different contexts contributing to the successful design of integration programmes across Europe .
- Evaluation of integration policies
To effectively shape policies and improve performance by learning from the highest standards, yardsticks relating to various aspects of integration are crucially needed. The capacity to collect, analyse and disseminate integration-related information should now be enhanced more systematically. The Commission intends to design specific indicators for integration strategies to monitor and evaluate policies and provide for comparative analysis.
Employment, social inclusion and education as key to the participation of immigrants in European societies
Immigrants should be given the chance to participate and develop their full potential. In order to make this happen special attention should be paid to promote measures to strengthen the integration of immigrants into the labour market, in the host society and in the educational systems.
Employment is a key part of the integration process and is central to the participation of immigrants, to the contribution they make to the host society and to making such contribution visible. Integration of immigrants into the labour market remains a major challenge to be further addressed.
Social inclusion and the effective access to social protection play a crucial role in the successful integration of migrants. Migrants face a higher risk of poverty than the rest of the population and specific obstacles in accessing housing, health care and financial services. This situation, compounded by discrimination, is hampering their full participation in society and should soon be reversed.
Education and training provide tools for improving the level of successful attainments and contribute to establishing cultural bridges for a more cohesive society. Immigrant children and young people face specific challenges that need to be faced by targeted measures.
For more information:
A common framework for the integration of third-country nationals
Report on the application of Directive 2003/86 on family reunification of third country nationals
Ensuring proper implementation
The Commission today adopted a Communication on the application of Directive 2003/86 on the right to family reunification. This report meets the Commission's obligation under Article 19 of the Directive by summarising Member States' transposition of the Directive, identifying possible problems and giving recommendations on proper application.
This report analyses national legalisation implementing the Directive 2003/86/EC on the right to family reunification of third country nationals to be joined by their third country national family members. Therefore this report does not deal with the situation of third-country nationals who are members of the family of a Union citizen regulated in the framework of free movement of EU citizens (Directive 2004/38).
The findings of the report are based on two Commission studies on the implementation of the Directive (conducted by the Odysseus network (2007) and by the European Migration Network (2008) and used information from other studies (ie.: the one form the Centre for Migration Law form Nijmegen and a study requested by the European Parliament and conducted and published by International Organisation for Migration in 2008). The factual information contained in the report has also been checked by the Member States through an informal on its accuracy.
The right to family reunification
The Directive recognises the existence of a right to family reunification when defining its purpose. The existence of this right is explicitly confirmed by the European Court of Justice (in case 540/03 which the European Parliament brought against the Council) stating that the Directive imposes precise positive obligation on Member States, requiring them in cases determined by the Directive to authorise family reunification of certain members of the sponsor's family without being left a margin of appreciation. Certainly such a right is not without conditions (an age limit can be set, public policy, public security, public health criteria should be fulfilled, economic conditions such as accommodation, sickness insurance, stable and regular resources of the sponsor can be asked and certain integration measures could be introduced by the Member States) but only those conditions and to the extent as provided for in the Directive.
Key problems of implementation at national level
Overall, the Directive has been transposed satisfactorily in the majority of Member States. A few horizontal issues of incorrect transposition or misapplication of the Directive need to be highlighted; the fact that some Member State do not grant proper visa facilitation for those family members whose application are already accepted, others do not grant autonomous residence permit to the family members in all the given cases of the Directive or not take into account satisfactory enough the best interest of the child or does not adequately apply the more favourable provisions for the family reunification of refugees.
In addition the main application problem is that some " may " provisions of the Directive enabling Member States to introduce or maintain certain requirements for the exercise of the right to family reunification (fees, possible waiting period, stable and regular resources as an economic condition and possible integration measures such as language and other test should be mentioned in particular) are applied in a too broad or excessive way having the effect to restrict the given right to family reunification to an extent which runs counter the effet utile of the Directive.
Follow up with a Green paper to take up the call of the Immigration Pact
In addition to examining all the cases where application problems were identified and ensuring that the provisions of the present Directive are correctly applied the Commission announces in this report its intention to launch a wider consultation – in the form of a Green Paper – on the future of the family reunification regime in order to raise the issues where the Directive at its present form does not give a precise enough response.
The Communication can be found at the following address:
To find out more about Vice President Barrot's work please visit his website:
