Brussels, 10/01/2005 (Agence Europe) - On Tuesday, the European Commission is to publish a Green Paper to seek to rekindle the debate on a European policy in the field of legal immigration. Given the failure of its proposal for a directive presented in July 2001 but rejected by the Interior Ministers, the European Commission is expected to propose several alternative avenues for action.
The Commission is expected to keep among its options that of its 2001 proposal for a global framework for allowing third country nationals to enter the European Union so that they may take up a post of employee or a self-employed post. The Commission should submit other options to the debate, mainly that of giving up, for now, an overall framework in favour of sector-specific texts, for example, for seasonal workers. The Green Paper, which is put to the scrutiny of the Member States and civil society, should also tackle procedures. The Commission is above all expected to ask whether access to the labour market must be granted for a specific job or whether one can retain a more flexible option after the fashion of the American Green Card, with open access for a country or a sector without the person having already signed an employment contract. A majority of Member States last year clearly rejected the idea of European quotas, or even coordination at the European level of national quotas.
Receiving several journalists early December, European Commissioner for Freedom, Security and Justice, Franco Frattini, had declared that he hoped to obtain "the support of civil society and the support of the European Parliament" during the debate on the Green Paper in order to convince the Member States that "a shared strategy of economic immigration is very important at European level". "If I simply present a draft, the response will be no", he admitted. He could possibly present a legislative proposal during the second half of 2005 but "this will depend" on the results of the consultation, he said, stressing he was not sure that "this first trial would be a success". "I know that the Council has already tried unsuccessfully, and that States even doubt the possibility of having such cooperation at European level", he said.
The task that lies before the European Commission is an arduous one. Not being able to reach an agreement on its proposal of directive for 2001 on economic immigration, because of Germany's opposition to any abandonment of sovereignty in this area, the Member States called on the European Commission last year to review its copy. Throughout the debate on the new programme 2005-2009 of the European Union for justice and home affairs, Germany, which is mainly supported by Austria, Denmark, Greece, Estonia and Slovakia, has fought to keep a right of veto for each Member State in this field of legal immigration. The above countries have won the day. It is the only chapter in the asylum and immigration dossier that does not come under the qualified majority rule, keeping the rule of unanimity. The 2005-2009 programme, called The Hague programme, evokes the adoption of an action programme in the field of legal immigration. To date, the Council has essentially moved forward on the fight against illegal immigration, rather than legal immigration. A number of texts have, however, been adopted, on the status of long term residents and the conditions of admission for research workers and students.