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EU immigration policy

Towards a common European immigration policy - latest news about Immigration Policy in the European Union.

Brussels outlines plan for inclusion of migrants
A new plan on Integration and Inclusion for 2021-2027, unveiled by the EU Commission Tuesday, addresses barriers that hinder participation and inclusion of people with a migrant background in European society.

Action plan on Integration and Inclusion 2021-2027
The European Commission presented on 24 November an action plan on Integration and Inclusion for the period 2021-2027.

Asylum applications to EU on the increase in 2019
Asylum applications in the EU increased in the first five months of 2019, though an annual report out Monday showed a decrease for the third consecutive year in 2018, returning to pre-crisis levels.

New travel authorisation system to screen travellers before entering EU
The EU Parliament gave its green light Thursday to a new travel information and authorisation system intended to screen criminals and terrorists before they arrive in the EU. It should be operational in 2021.

Migration levels in EU continue downward trend
There were 728,470 applications for international protection in the EU In 2017, a decrease of 44% compared to 2016, according to figures from the European Asylum Support Office published Monday.

European External Investment Plan
The EU's External Investment Plan will support more inclusive and sustainable development in Africa and the European Neighbourhood. It will boost public and private investment and thus address some of the obstacles to growth in our partner countries.

Schengen border controls could be extended under new EU plan
The Commission proposed Wednesday that temporary internal border controls under the Schengen Borders Code could be extended in response to increased security and terrorist risks.

EU Court dismisses challenge to migrant quota scheme
The EU Court of Justice dismissed Wednesday cases brought by Slovakia and Hungary against the European Union's provisional mechanism for the mandatory relocation of asylum seekers.

EU plans better protection for migrant children
With a growing number of children in migration arriving in the EU over the past two years, many without their families, the EU has set out actions to reinforce the protection of migrant children at all stages of the process.

New travel system to tighten security at EU borders
Travellers coming into the EU will have to obtain prior authorisation, and pay a charge, under a new European Travel Information and Authorisation System unveiled Wednesday.

Border controls extended 3 months
The EU has extended controls at certain internal Schengen borders - Germany, Austria, Sweden, Denmark and Norway, where controls already take place - for a further three months.

First report on progress towards an effective and sustainable Security Union
The European Commission's first of a series of monthly reports on progress towards an effective and sustainable Security Union outlines EU efforts in the fight against terrorism, organised crime and cybercrime and the work undertaken to strengthen the EU's resilience against these threats. It also highlights the priority areas where more work is needed and sets out concrete operational measures for the months to come.

Bulgaria to receive EUR 108m for refugee crisis
The European Commission has fast-tracked requests from the Bulgarian authorities for emergency funding of EUR 108m to help the country manage the influx of refugees on its external borders.

Security: EU plan to strengthen external borders
The European Commission set out on 14 September how the European Union can enhance security in Europe by improving the exchange of information in the fight against terrorism and strengthening external borders.

EU confirms agreement on European Border and Coast Guard
The EU confirmed Wednesday a compromise text agreed with the European Parliament on the proposed regulation on the European Border and Coast Guard.

New EU-wide border system moves a step closer
The setting up of an integrated EU border management system moved a step forward Monday as MEPs in committee backed plans for a flagship European Border and Coast Guard agency.

Roadmap Back to Schengen: Commission assessment of Action Plan prepared by Greece
The European Commission adopted on 12 April its assessment of the Action Plan presented by the Greek authorities which details how Greece plans to address the deficiencies in its external border management. Greece’s Action Plan is its roadmap for implementing the recommendations made by the Council on how to address deficiencies identified in the management of Greece’s portion of the EU external border. The Commission's assessment finds that significant progress has been made by Greece but that further improvements to the Action Plan and its implementation are needed in order to comprehensively address the deficiencies identified. Today’s assessment constitutes another stage in the process set out by the Commission on the Roadmap 'Back to Schengen' which seeks to end temporary internal border controls and re-establish the normal functioning of the Schengen area before the end of the year.

New Entry-Exit System for non-EU nationals at EU borders
The European Commission presented on 6 April a revised proposal for a Regulation on the establishment of an Entry-Exit System to speed-up, facilitate and reinforce border check procedures for non-EU nationals travelling to the EU. The Entry-Exit System will modernise external border management by improving the quality and efficiency of controls and support Member States with the increasing numbers of travellers entering and exiting the EU. The legislative proposal is part of the broader 'Smart Borders Package', addressing the role of information systems in enhancing external border management, internal security and the fight against terrorism and organised crime.

Options for reforming the Common European Asylum System
The European Commission launched on 6 April the process for a reform of the Common European Asylum System (CEAS), presenting: options for a fair and sustainable system for allocating asylum applicants among Member States; a further harmonisation of asylum procedures and standards to create a level playing field across Europe and thereby reduce pull factors inducing measures to reduce irregular secondary movements; and a strengthening of the mandate of the European Asylum Support Office (EASO). At the same time, the Commission is setting out measures to ensure safe and well-managed pathways for legal migration to Europe.

Implementing the European Agenda on Migration: Commission report
The European Commission reported on 10 February on progress made on measures to tackle the refugee and migration crisis in Italy, Greece and along the Western Balkans Route.

Schengen Evaluation Report on Greece
The College of Commissioners took note on 27 January taken note and discussed a draft Schengen Evaluation Report on Greece, in view of the findings and their significance.

European Union Emergency Trust Fund for Africa
The European Commission launched on 12 November with other EU Member States and other European donors the EU's Emergency Trust Fund for stability and addressing root causes of irregular migration and displaced persons in Africa.

EU help for refugees
Asylum is granted to people fleeing persecution or serious harm in their own country and therefore in need of international protection. Asylum is a fundamental right; granting it is an international obligation, first recognised in the 1951 Geneva Convention on the protection of refugees . In the EU, an area of open borders and freedom of movement, countries share the same fundamental values and States need to have a joint approach to guarantee high standards of protection for refugees. Procedures must at the same time be fair and effective throughout the EU and impervious to abuse. With this in mind, the EU States have committed to establishing a Common European Asylum System.

European Agenda on Migration - first measures
The European Commission adopted on 27 May the first proposals of its comprehensive approach to improving the management of migration. Following the terrible loss of life in the Mediterranean last month, European leaders made a firm commitment to solidarity amongst Member States to address the common migratory challenges. In these first proposals, the Commission sets out immediate and long-term responses to the migration challenges that Europe faces.

European Agenda on Migration
The European Commission presented on 13 May a European Agenda on Migration outlining the immediate measures that will be taken in order to respond to the crisis situation in the Mediterranean as well as the steps to be taken in the coming years to better manage migration in all its aspects.

Big business - Image by Barbara Cascao from Pixabay

Large businesses make up only 0.2 pct of EU enterprises

Euro - ECB-Photo by Mika Baumeister on Unsplash
Smoking man - Photo by Geri Tech on Pexels
Electric car charging solar panel - Photo by Kindel Media on Pexels
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A number of financial instruments will contribute to implementing the objectives of the renewed EU action plan against migrant smuggling. These include the Neighbourhood, Development and International Cooperation Instrument – Global Europe (NDICI), the Instrument for Pre-Accession Assistance III for the period 2021-2027, the Internal Security Fund, the Asylum, Migration and Integration Fund and the Border Management and Visa Instrument.

The Anti-smuggling Operational Partnerships will inform the programming of the EU’s external funding. Out of the total budget of €79.5 billion of the Neighbourhood, Development and International Cooperation Instrument – Global Europe, indicatively 10% will be dedicated to actions directly targeting specific challenges related to migration and forced displacement, including anti-smuggling.

Communication on the application of the Employers Sanctions Directive

How is the Employers’ Sanctions Directive currently implemented in the Member States?

Member States have transposed the provisions of the Directive on sanctions into national legislation, although the approaches chosen vary significantly, as they are influenced by factors such as different national sanctioning systems, social impact and perception of illegal employment, economic situations and levels of wages, and incidence of illegal employment on the economy. This is reflected in the significant diversity in the range and scale of financial and criminal sanctions, as well as in the different choices made by Member States in the use of measures relating to exclusion from public aid or EU funding or exclusion from public contracts.

What is the level of the sanctions applied to employers?

The Employers Sanctions Directive defines minimum standards for financial and criminal sanctions against employers and gives a possibility of applying additional administrative measures, such as loss of public benefits or exclusion from public contracts, to counter illegal employment. Member States have flexibility in determining the actual level of sanctions, depending on the specific national situation, the severity of the violation or whether the employer is a natural or a legal person. Member States may introduce higher standards than the minimum ones laid down in the directive.

In line with the directive, financial sanctions should proportionally increase with the number of people employed illegally. Available information shows that there are significant differences in different Member States. Minimum sanctions range from €300 in Belgium to approximately €10,000 in Croatia while maximum sanctions range from €3,000 in Belgium, Cyprus and Estonia to €43,000 in Italy.

Criminal sanctions (which may be criminal fines, prison sentences or other penalties) are applied to serious cases with aggravating circumstances such as repeated violations, employing a significant number of irregular migrants or employing them in particularly exploitative working conditions, or employing victims of trafficking in human beings and minors. The severity of criminal sanctions varies between Member States, for instance in terms of length of possible prison sentence, ranging from 8 days to 12 years depending of the severity of the violation.

What happens to irregular migrants employed by employers that are sanctioned?

The Employers Sanctions Directive grants irregular migrants a right to lodge complaints against labour violations and to claim back unpaid wages, within the EU, but also from abroad if they are no longer in the EU.

To protect the victims of labour exploitation, facilitate complaints so that these serious crimes are detected and punished, and facilitate recovery of unpaid wages, the Directive allows Member States to grant temporary residence permits to irregular migrants, linked to the length of the relevant investigation. Further efforts are however needed in the implementation of this provision. Consultations with stakeholders show that victims of labour exploitation face challenges in obtaining residence permits notably due to lack of information and legal advice on the application procedure.

In cases where the assessment of the individual situation is concluded and where it has been established that the person has no right to stay in the EU, they should return to their country of origin in line with the procedures and safeguards outlined in the Return Directive.

How will the EU ensure protection of the rights of irregular migrants employed illegally?

The Employers Sanctions Directive grants irregular migrants a set of rights to ensure that they are adequately informed about their rights, can lodge complaints against labour violations and claim back unpaid wages. Reporting labour violations and engagement of irregular migrants with the relevant authorities also helps holding employers accountable for unpaid wages, taxes and social contributions, ensuring a level-playing field on the labour market, and making situations of exploitation and abuse of workers emerge.

Member States must still make further efforts in implementing the protective elements of the directive, particularly in relation to access to information, access to justice and recovery of back payments, and the granting of temporary residence permits.

How can irregular migrants bring their employers to justice and claim back wages?

The directive requires the establishment of mechanisms to file a complaint to relevant authorities either directly or through third parties such as trade unions, employees’ associations and non-governmental organisations, including when the person concerned is no longer present in the Member State. Irregular migrant workers may also receive support from trade unions or non-governmental organisations in administrative or civil proceedings. Cooperation between public authorities and social partners and non-governmental organisations is key to facilitating complaints, as they often have direct contact with the workers and can raise awareness, inform the irregular migrants of their rights and help the workers identify situations of undeclared work and labour exploitation in order to file a complaint.

Member States have chosen different ways to set up effective complaints mechanisms. While migrants that are found to be illegally employed (regardless of whether they are residing regularly or irregularly) can file claims for compensation of unpaid wages in 20 Member States under the same conditions as with a valid employment contract, in practice the complaints mechanisms could operate more efficiently.

Press release: New Pact on Migration and Asylum: stepping up fight against migrant exploitation and new migration policy progress report

Factsheet on Migrant Smuggling and the Employers Sanctions Directive

Renewed EU action plan against migrant smuggling (2021-2025)

Communication on the application of the Employers Sanctions Directive

Source: European Commission

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