Discussion paper
regarding integration of third country nationals
At the
European Council in Seville in June 2002 it was once again confirmed that the
establishment of a common policy on asylum and immigration is of a very high priority
within the EU.
The
integration of third country nationals with a legal stay in the Member States
of the European Union is closely linked to legislation regarding the rights and
obligations of third country nationals. Integration of third country nationals
is thereby closely linked to the present process within the EU regarding the
creation of a common European asylum and immigration policy, including measures
to combat and eliminate discrimination.
The Treaty
establishing the European Community (TEC) contains in Title IV provisions
regarding rights and obligations for third country nationals – especially
regarding visas, asylum,
immigration and free movement of persons.
Integration
of third country nationals is primarily the responsibility of each Member
State. However, the importance of a co-ordinated European action in this field
has been underlined at European level at several occasions.
Integration
of third country nationals within the Member States of the EU
At
its meeting in Tampere in October 1999 the European Council emphasised the
importance of “ensuring fair treatment of third country nationals who
reside legally on the territory of its Member States”. In the Presidency
Conclusions it is stated that “a more vigorous integration policy should
aim at granting third country nationals rights and obligations comparable to
those of EU citizens. It should also enhance non-discrimination in economic,
social and cultural life and develop measures against racism and
xenophobia”.
It
was further stated that “the legal status of third country nationals
should be approximated to that of Member States’ nationals. A person, who
has resided legally in a Member State for a period of time to be determined and
who holds a long-term residence permit, should be granted in that Member State
a set of uniform rights which are as near as possible to those enjoyed by EU
citizens”. It was mentioned that these rights could be “the right
to reside, receive education, and work as an employee or self-employed person,
as well as the principle of non-discrimination vis-à-vis the citizens of
the State of residence”.
At
the European Council in Lisbon in March 2000 one of the overall strategies to
achieve the new strategic goals regarding employment, economic reform and
social cohesion was “modernising the European social model, investing in
people and combating social exclusion”. It was stated in the Conclusions
that “actions addressed to specific target groups (for example minority groups)
should be developed….”.
In
Nice December 2000 the European Council endorsed the European Social Agenda
where it is stated that a policy to fight poverty and social exclusion
“must be accompanied too by action to ensure equal treatment for all third
country nationals residing lawfully on Union territory”. In the European
Social Agenda reference is made to the Tampere Conclusions regarding a more
vigorous integration policy for third country nationals legally resident on
Union territory. It is also stressed that the EU should “develop
exchanges of experience on national integration policies”.
Finally
in Seville in June 2002 the European Council underlined that “the joint
management of migration flows must strike a fair balance between, on the one
hand, an integration policy for lawfully resident immigrants and an asylum
policy complying with international conventions, and, on the other hand,
resolute action to combat illegal immigration and trafficking in human
beings”.
It
can also be mentioned that the Council in September 2000 adopted the European
Refugee Fund based on TEC Article 63. The Fund supports among other
measures Member States’
action relating to integration of persons whose stay in a Member State is of a
lasting and/or stable nature. In the Council Decision it is as regards integration
into the society of the Member States regarding these persons and members
of their family stated that the action referred to in the Refugee Fund
“may in particular be to provide social assistance in areas such as
housing, means of subsistence and health care or to enable beneficiaries to
adjust to the society of the Member State or to provide for themselves”.
The
Commission has stressed the importance of integration in its Communication on a
Community Immigration Policy as of 22 November 2000. The Commission suggests
among other things that “a Community Action Programme to promote the integration
of third country nationals could be developed…”. This programme
should aim at “improving the understanding of the issues concerned
through evaluation of practices, developing benchmarks and other indicators,
promoting dialogue between the actors concerned and supporting European
networks and the promotion of awareness raising activities”.
The
Commission also suggests that “settlement packages could be developed for
all new migrants tailored to their needs”, which could include
“language training, information on political and social structures, accessing
services etc”.
In the
beginning of July 2002 the Danish EU Presidency hosted the Conference
‘Successful Integration on the Labour Market’ in Copenhagen with
the participation of representatives from Member States, Candidate Countries,
regional and local authorities and non-governmental organisations.
The
Conference focused on four themes: competence and mobility, diversity management
and integration, integration on the labour market via efforts in local communities
and structural barriers to integration. A Conference Report on the outcome of
the discussions will be distributed.
The aim
of this Conference was not only to enable experts to exchange positive experience
regarding the mentioned issues but also to ensure a continued focus on the
importance of integration of third country nationals with legal residence
within Europe.
Although
integration on the labour market is of crucial importance to the integration
process, integration has several other dimensions.
At
the Conference it was generally underlined that integration should take place
in all parts of society and relate to the conditions for and actual
participation in all aspects of the economic, social, cultural, civil and political
life in the host country.
It is the
aim of the Danish Presidency to initiate a first informal debate between ministers
on how to proceed in order to ensure the necessary follow up to conclusions
from the European Council regarding this important issue.
As a
first step co-operation in the field of integration of third country nationals
at an EU level could for example involve an exchange of new experiences and
ideas between Member States and the development of best practices. In this
context it could be useful to discuss the possibility of establishing broad and
overall objectives within the EU regarding key elements in the integration process.
Questions
related to the integration of third country nationals often involves several
policy areas and different authorities in the Member States – for example
authorities responsible for immigration, social and health issues and the
employment and education area. To facilitate the exchange of experience between
Member States the establishment of national contact points could therefore be
considered.
Dependant
of the outcome of discussions at this informal Council meeting general and
broad Council Conclusions could be prepared for a discussion and possible approval
at the Justice and Home Affairs Council meeting on 14 – 15 October 2002.
During
the discussions at the Conference on Successful Integration on the Labour
Market in Copenhagen it was generally emphasised that co-operation regarding
integration of third country nationals on an European level should build on the
principles outlined by the European Council. Reference was especially made to
the Tampere and Seville Conclusions.
As
already mentioned it is stated in the Tampere conclusions that a more vigorous
integration policy should aim at granting third country nationals rights and
obligations comparable to those of EU citizens. It should also enhance
non-discrimination in economic, social and cultural life and develop measures
against racism and xenophobia.
Ministers
are asked to consider in which way the issue of integration of third Country
nationals could play a more significant role at the European agenda. The
Presidency invites Ministers to share their opinion on the following questions:
1.
Do
Ministers agree that integration policies should seek to grant lawfully
resident immigrants rights and obligations as near as possible to those enjoyed
by EU citizens in order to ensure the possibility of their actual participation
in all aspects of the economic, social, cultural, civil and political life in
the host country?
2.
How
can Member States promote integration and also access to the labour market for
third country nationals legally residing in the Member States and overcome
specific barriers such as discrimination, superfluous language and educational
requirements? Another possible barrier, which could also be examined, is the composition
of national welfare systems.
3.
Do
Ministers agree that co-operation between Governments as policy makers and
local authorities, social partners, non-governmental and migrant organisations
is crucial in the strive for the best possible integration?
4.
How
could the exchange of positive experience and best practice on integration of
third country nationals be facilitated at European level? What could be the
role of the European Union?