The treatment of illegal immigrants in the EU is the most unpleasant issue a columnist can ever choose to write about. Whatever he writes, he will be exposed to criticism and condemnation from different sides. It is obvious that rescuing and taking in those on sinking vessels at sea is a primary duty and priority obligation. It is also obvious, however, that no European country is able to “shoulder all the problems of the world” (as declared by a leading Socialist politician several years ago). The action and positions taken by humanitarian organisations are positive and this should be acknowledged but sometimes they come up with measures that are completely unrealistic. Declarations made by political opposition figures sometimes create the impression that their goal is more about casting a bad light on the government authorities than about helping those who need assistance and solidarity. Governments themselves denounce the absence of European solidarity.
Therefore, as usual, the EU is portrayed as the main culprit for the shortcomings and lack of coherency in the policies produced. Most of the media creates a familiar confusion between the different institutions and other Community organisations and the generic term, “Brussels” (which really means nothing) becomes a synonym for inefficiency and incapacity. The European Commission automatically becomes the main target of this amalgam, whereas, in my opinion, the Commission is actually improving its response and the proposals it has already put forward or announced are both bold and reasonable. This column does not, in general, like referring to the action of such and such a minister, given that responsibility is of a collegiate nature, but for once I would like to highlight the balance of the initiatives and positions taken by Vice-President Jacques Barrot, who is responsible for this very sensitive sector. He is acting with both tact and firmness and is taking into account the humanitarian factors, as well as Europe's obligations. At the same time, he is aware of what is actually possible and seeks to foster solidarity between member states and define a coherent European policy, despite the evidently different situations in the different countries.
The principles and convictions of Jacques Barrot. Our readers will be aware of the proposals and declarations made by Mr Barrot because this publication regularly reports on them. My objective is to point out that these proposals and declarations respond to principles and convictions that constitute a doctrine of European policy in these domains. I will use a text as the basis for my argument, published in No.2/2009 of the Revue du droit de l'Union européenne edited by Alfonso Mattera. I hope that this brief report will be able to help clarify the situation and the orientations outlined by the Commission, which are often misunderstood or ignored by extremists on both sides. A summary of the main points now follows:
Immigration is a positive element for Europe, in order to prevent the “demographic collapse” that could threaten the economy and social security systems, but it has to be controlled. The “European Pact on Immigration and Asylum” exists and must be put into practice through operational measures.
Immigration and asylum should not be confused and constitute two quite distinct phenomena.
The management of immigration flows and the right of asylum is not possible without very close European cooperation because the Schengen Area has scrapped national borders.
The right of asylum does not in itself represent a danger to Europe but it risks becoming so if we do not manage to “give some oxygen” to a number of member states “suffocating, due to their geographical position”. A voluntary and balanced refugee distribution programme in the EU is indispensable, while opportunities for refugees to return to their countries at an opportune moment should be maintained.
Respect for the right of asylum should be accompanied by greater control of immigration flows. Illegal immigration weakens integration of legal immigrants and provokes terrible human tragedies. A resolute combat against criminal networks responsible for people-trafficking is crucial. These networks feed off people's despair. Increased surveillance is also required at European borders, as is the development of “readmission agreements” with third countries, with dignified conditions of return assured.
Legal immigration must also be controlled, in concertation with the third countries involved, in the interest of both parties: Europe will thus benefit over a certain period from the skills and labour provided by legal immigrants, who, enriched by their experience in Europe, will then return to their countries of origin to actively participate in their development and prevent a “brain drain”.
Tomorrow, I will be adding a few comments of my own. (F.R./transl.rh)