Brussels, 14/12/2007 (Agence Europe) - Buoyed up by the signing of the Lisbon Treaty, which gives the EU greater powers in justice and home affairs, particularly in the field of legal immigration, the EU27 repeated their call for the introduction of an overarching EU immigration policy. In their conclusions document, the heads of state and government point out that the strengthening of police and judicial cooperation, a field where progress is difficult, remains a priority. The EU heads of state and government took advantage of their summit meeting in Brussels to celebrate the upcoming enlargement of the Schengen Area to nine new member states (see EUROPE 9559), with internal land borders being officially abolished at 0: 00 GMT on 21 December 2007 and air borders on 30 March 2008.
The European Council believes that the establishment of an over-arching EU immigration policy must remain an 'essential priority' but renewed political commitment is also required. In this connection, the EU27 say they are awaiting with interest the proposals to be unveiled on this issue by the Commission in 2008. They say that an overarching approach to immigration, more specifically cooperation with African and Mediterranean countries, is vital in order to combat clandestine immigration. They are therefore eagerly awaiting the holding in 2008 of the second Euro-African ministerial conference on immigration and development, and approved the 10 December Council conclusions on partnerships for mobility and 'circular migration' (see EUROPE 9560). They also welcomed the adoption of a common strategy at the second EU-Africa summit (see EUROPE 9559). In the light of the Justice and Home Affairs Council of 6-7 December, where interior and employment ministers held a joint meeting (see EUROPE 9560), the European Council points out that an effective immigration policy should be considered in the light of lack of skilled manpower and labour market needs. The Council reaffirms here, however, that such immigration should fully respect EU acquis (legislation), the powers of the member states and the principle of Community preference. This comment is reported to be of satisfaction to countries like Germany and Austria, which are not keen on the EU having too great a room to manoeuvre in this connection. The situation now being clarified, the Council of Ministers is invited to ensure progress in work on the proposals unveiled by the Commission, like the blue card for highly skilled workers (see EUROPE 9529). The Council urges the European Parliament and ministers to reach agreement by the end of next year on the proposal to apply penalties on employers of illegal workers (see EUROPE 9428). On the management of external EU borders, the European Council refers to the European Commission's future reports, expected to be unveiled in February 2008, on an entry/departure system at borders, future development of the Frontex agency, and a European border surveillance system (see EUROPE 9513). On the directive on the return of illegal immigrants, the EU27 urge the Council and EP to strike agreement as soon as possible. On the creation of a future common European asylum system by 2011, they note that progress needs to be made and invite the Commission to assess the implementation of the first phase and present any necessary initiatives in 2008.
Given that boosting police and judicial cooperation remains a priority, the EU27 says that the functioning of Europol and Eurojust needs improving and, more importantly, despite the problems being encountered, the Council should be able to reach agreement on the decision to establish Europol as an EU agency by the end of 2008 at the latest. The conclusions also highlight the need for rapid progress on the directive on environmental protection through criminal law. Given the degree of progress remaining to be achieved to implement the anti-terror strategy, the EU and its member states are urged to continue demonstrating unfailing determination in this domain. In this connection, the recommendations published by the EU's anti-terror coordinator Gilles de Kerchove (see EUROPE 9559) were welcomed by the European Council, which called for work on the recommendations to be promptly carried out. The European Council also hailed the adoption of the decision setting up an EU civil protection mechanism and invited the Council to make the most of the new tool. Progress in online justice was welcomed as an important way of simplifying and introducing efficiency in procedures to ensure greater access to justice. The European Council welcomed agreements in civil law, like the agreements over Rome I and mediation in civil and trade law, but the ministers were instructed to find solutions for the regulation on the law applying to marriage (Rome III) and the regulation on contractual obligations, which the member states have not yet managed to reach agreement upon. (B.C.)