Finnish initiative on extended solidarity in immigration and border control
It is a central principle of EU immigration policy to guarantee the legal protection of individuals by ensuring that uniform and more effective procedures are applied when determining their right to reside in the territory of the Union. At the same time, entry into the EU territory by third-country nationals must be controlled.
Illegal immigration is a problem that needs to be addressed comprehensively when developing common European migration, border control and asylum policies. This problem is caused, inter alia, by differences in living standards, personal aspirations for a better life, serious humanitarian problems, and crises in third countries. In addition, the illegal employment markets that exist within the European Union are a significant pull factor. In its recent Communication on illegal immigration (COM 2006 402 final), the Commission gives a detailed account of the different reasons while also outlining measures to address these pull factors more effectively.
Building on the abovementioned Commission Communication on illegal immigration and the excellent analysis it includes, the Presidency launches a discussion – as part of the review of the Hague Programme - on “extended European solidarity in immigration, border control and asylum policies”. The aim is to set up a comprehensive debate on how to increase burden-sharing and solidarity in respect of illegal immigrants and asylum seekers. Increasing burden-sharing and solidarity would form an integral part of the enhanced migration management of the Union, alongside other parts of the same process, such as the further development of the common European asylum system and the development of common European rules on legal migration. The Presidency’s initiative is four-faceted.
Firstly, the initiative proposes that EU financing would be used to cover a significant part of the actual and verifiable costs incurred by the Member States during the process of determining whether a third-country national who has entered the EU illegally, or an asylum seeker, has the right to reside in the EU territory. Such costs include the reception, maintenance and possible return costs of the persons concerned as well as all administrative costs incurred. All payments to be paid progressively by the Union would be subject to the verified registration of the persons concerned in the appropriate European databases. All Member States would receive equal payments per each registration, and thus, the financial support provided by the Union would reflect the existing migratory pressures. The details of the financial solidarity would be discussed in more detail later.
Secondly, registration would be based on the use of biometric identifiers, guaranteeing the physical presence of the person concerned at the moment of registration.
Thirdly, only the first registering State (principally the State of entry to the EU) would be entitled to receive the payments. Based on that, the State concerned would have a responsibility over the person; including an obligation to later readmit the person concerned from another Member State (unless a verified return has already been registered or a principal change in conditions of the said person has occurred).
Fourthly, the initiative would require that the immigration and border authorities apply common European rules in a uniform and transparent manner and in their entirety. The rules for determining the right to seek asylum, the right to residence on grounds of subsidiary protection, and the rules on return to the country of origin or residence would be covered. The implementation regime would be verified by inspection mechanisms to be established within the EU institutions. The application of the rules would be further supported by the use of uniform risk analysis. The correct application of the rules subsequently verified by inspections would have an effect on the payments to be made by the EU. Combined, these four facets would lead to a situation where all Member States, even when their immigration and border authorities are put under significant pressure, would be able to take full responsibility for the implementation of common European rules.
For further information, please contact: State Secretary Kari Salmi, tel. +358 40 733 7085, Permanent Secretary Ritva Viljanen, tel. +358 40 503 6936, Director-General Antti Pelttari, tel. +358 50 357 7194, Director of International Affairs Jukka Savolainen, The Border Guard, tel. +358 20 410 6511