The European Pact on Immigration on the Control of Illegal Immigration

Source: Population and Development Review, Vol. 34, No. 4 (Dec., 2008), pp. 805-807
Published by: Population Council
Stable URL: http://www.jstor.org/stable/25434752
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Documents

The European Pact

on Immigration on
the Control of Illegal
Immigration

At its meeting in Brussels on 15 and 16 October 2008, the European Council, the European
Union 's highest political body (comprised of the 27Heads of State and Government), approved
the European Immigration and Asylum Pact. Long in preparation, and intended to be at the
top of the list of priorities of the current French Presidency of the EU, the Pact is meant to express
"the commitment of the European Union and its Member States to conduct a fair, effective and
consistent policy for dealing with the challenges and opportunities which migration represents. "
Although attention to this act of the Council was eclipsed by the onset of the global financial
crisis, the Pact is a significant milestone in the EU's effort to shape national policies on immigra
tion. Formally, these policies remain fully within the power of the individual member states.
But the dismantling of border controls among EU members amplifies the potential consequences
of national policies for other member states. Increasing coordination and harmonization of
national immigration policies thus becomes essential.
The first part of the Pact addresses the issue of legal immigration. It aims "to take ac
count of the priorities, needs and reception capacities determined by each Member State, and
to encourage integration. " It notes the labor market needs of the EU countries and highlights
the importance of increasing "the attractiveness of the European Union for highly qualified
workers. " On the former account, notwithstanding contrary historical experience in Europe,
it suggests "encouraging temporary or circular migration " through policies that "do not ag
gravate the brain drain "from sending countries. The Pact makes no reference to the volume of
permanent migration that might be within the "reception capacities " of the receiving countries.
Those capacities are likely to be influenced as much by political as by economic considerations
and to vary markedly from country to country. This is exemplified by a set of projections released
by Eurostat in August 2008. In these projections, deaths are expected to outnumber births from
2015 onward for the EU21 as a whole, with a cumulative effect of natural decrease amount
ing to 47.9 million during the period 2008-60. (The current EU27population is 495 million.)
Population growth would continue, however, because of net immigration, which is projected
to amount to some 58.2 million during the same period. Two-thirds of these immigrants, it is
assumed, would go to just four countries: Italy (11.8 million), Spain (11.5 million), Germany
(8.1 million), and the UK (7.7 million).
The most notable sections of the Pact (Sections II and III) deal with the control of illegal
migration and with policies to make border controls more effective?concerns that had been
foreshadowed in the Council's adoption of its Global Approach to Migration in 2005. These
two sections are reproduced below in full. In unequivocal language the Pact reaffirms Member
States ' determination to control their borders and categorically states that "illegal immigrants
on Member States ' territory must leave that territory. " It rules out generalized (as distinct from

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806 Documents

case-by-case) handling of regularization of illegal migrants and invites Member States and the
European Commission "to mobilise all their available resources to ensure more effective control
of the external land, sea and air borders" by deploying "modern technological means. "

Control illegal immigration in ing the modalities of the framework for free
dom of movement;
particular by ensuring that illegal
immigrants return to their countries (d) to develop cooperation between
Member States, using, on a voluntary basis
of origin or to a transit country
and where necessary, common arrangements
The European Council reaffirms its determina to ensure the expulsion of illegal immigrants
tion to control illegal immigration. It recalls (biom?trie identification of illegal entrants,
its attachment to the effective application of joint flights, etc.);
three basic principles: (e) to step up cooperation with the coun
?greater cooperation between Member tries of origin and of transit, under the Global
States and the Commission and the countries Approach to Migration, in order to control
of origin and of transit in order to control il illegal immigration, in particular to follow
legal immigration under the Global Approach with them an ambitious policy on police and
to Migration is a necessity; judicial cooperation to combat international
?illegal immigrants on Member States' criminal organisations engaged in trafficking
territory must leave that territory. Each migrants and in human trafficking, and to
Member State undertakes to ensure that this provide better information to communities
principle is effectively applied with due regard under threat so as to avoid the tragedies that
for the law and for the dignity of the persons can occur, particularly at sea;
involved, giving preference to voluntary re (f) to invite Member States, specifically
turn, and each Member State shall recognise with the support of Community instruments,
the return decisions taken by another Member to devise incentive systems to assist voluntary
State; return and to keep each other informed on
?all States are required to readmit their this point in order to prevent the fraudulent
own nationals who are staying illegally on the return to the European Union of those who
territory of another State. receive such aid;
To that end, the European Council agrees: (g) to invite Member States to take rigor
(a) to use only case-by-case r?gularisa ous action, also in the interest of the immi
tion, rather than generalised r?gularisation, grants, by way of dissuasive and proportionate
under national law, for humanitarian or eco penalties against those who exploit illegal
nomic reasons; immigrants (employers, etc.);
(b) to conclude readmission agreements (h) to put into full effect the Community
at EU or bilateral level with those countries provisions pursuant to which an expulsion de
with which this is necessary, so that each cision taken by one Member State is applicable
Member State has the legal instruments to throughout the European Union, and, within
ensure that illegal immigrants are expelled; that framework, an alert for such a decision
the effectiveness of EU readmission agree entered in the Schengen Information System
ments will be evaluated; negotiating directives (SIS) obliges other Member States to prevent
that have not succeeded should be reviewed; the person concerned from entering or resid
Member States and the Commission will ing within their territory.
consult closely when future EU readmission
agreements are negotiated; Make border controls more effective
(c) to ensure that the risks of irregular
migration are prevented within the frame The European Council recalls that each Mem
work of the modalities of the policies for the ber State is responsible for the controls on its
entry and residence of third-country nationals section of the external border. That control,
or, where appropriate, other policies, includ giving access to a common area of free move

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Documents 807

ment, is exercised in a spirit of joint responsibil to create specialised offices to take account of
ity on behalf of all Member States. Conditions the diversity of situations, particularly for the
for granting visas outside the external border land border to the East and the sea border to
should contribute fully to the integrated man the South: creating such offices should on no
agement of that border. Those Member States account undermine the unity of the Frontex
whose geographical location exposes them to agency. Ultimately, the possibility of setting
influxes of immigrants, or whose resources are up a European system of border guards may
limited, should be able to count on the effec be examined;
tive solidarity of the European Union. (d) give fuller consideration, in a spirit of
To that end, the European Council agrees solidarity, to the difficulties of those Member
to: States subjected to disproportionate influxes
(a) invite Member States and the Com of immigrants and, to that end, invite the
mission to mobilise all their available re Commission to submit proposals;
sources to ensure more effective control of the (e) deploy modern technological means
external land, sea and air borders; to ensure that systems are interoperable and
(b) generalise the issue of biom?trie visas to enable the effective integrated manage
as from 1 January 2012 at the latest, as a result ment of the external border, in line with the
of the Visa Information System (VIS), immedi conclusions of the European Council on 19
ately improve cooperation between Member and 20 June 2008 and of the Council on 5 and
States' consulates, pool resources as far as 6 June 2008. From 2012, depending on the
possible and gradually set up, on a voluntary Commission's proposals, the focus should be
basis, joint consular services for visas; on establishing electronic recording of entry
(c) give the Frontex agency, with due and exit, together with a fast-track procedure
regard for the role and responsibilities of for European citizens and other travellers;
the Member States, the resources to fulfil its (f) intensify cooperation with the coun
mission of coordinating the control of the tries of origin and of transit in order to
external border of the European Union, to strengthen control of the external border and
cope with crisis situations and to undertake, at to combat illegal immigration by increasing
the request of Member States, any necessary the European Union's aid for the training and
operations, whether temporary or perma equipping of those countries' staff responsible
nent, in accordance, in particular, with the for managing migration flows;
Council conclusions of 5 and 6 June 2008. In (g) improve the modalities and frequency
the light of the results of an evaluation of the of the Schengen evaluation process in accord
agency, its role and operational resources will ance with the Council conclusions of 5 and 6
be strengthened and a decision may be taken June 2008.

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