12/02/2002 (Agence Europe) - In line with the Laeken Summit conclusions, the Commission approved (by written procedure) a Draft Directive that aims to grant a temporary residence permit to victims of illegal immigration networks and or the trade in human beings, who agree to co-operate with the police and authorities. This proposal, announced in the Commission Communication of November on "a common policy on illegal immigration" (see EUROPE 17 November page 8) seeks to deal with a problems that is becoming increasingly worrying: the increase in illegal immigration and networks of people smugglers acting for non-humanitarian reasons. Commissioner Antonio Vitorino declared that he was, "confident that significant progress can be made in this debate under the current Spanish Presidency" (he had also put the sensitive issue of illegal immigration on the agenda at Santiago de Compostela: see above).
Leonardo Gabrici, Commissioner Vitorino's spokesman said that in order to dismantle these networks the authorities in the Member States needed to be able to collect information and evidence. That was why the Commission had put forward a mechanism where victims could co-operate according to clearly laid down conditions.
One they had been informed and had accepted to co-operate (a deadline of 30 days is granted to them), they are given a residence permit and the subsequent legal status that goes with it. Mr Gabrici explained that the problem was particularly due to the fact that the victims were illegal and kept quiet. The idea is therefore to create a new residence system whereby the victims are encouraged to speak up without fear of being sent back to their country of origin.
In order to grant this kind of residency permit, Member State authorities must meet three criteria: the usefulness of the victim's presence, the existence of a clear intention to co-operate on the part of the victim and the assurance that the victim will not renew contact with the criminals. By issuing residence permits, Member States authorise access to the labour market, vocational training and education, primary healthcare, accommodation and social assistance etc.
Faced with this hateful phenomenon, many Member States have already adopted provisions that are close to those proposed by the Commission. Belgium, Italy, the Netherlands and Spain have adopted these measures and legislation is in the offing on the matter in France and Greece. The proposal is actually linked to a number of others, such as the European Arrest Warrant, smugglers, sexual exploitation and the trafficking in human beings.