EU trade policy Protection Frontex coordinated operations at sea

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1 S&D Group of the Progressive Alliance of Socialists & Democrats in the European Parliament European Parliament Rue Wiertz 60 B-1047 Bruxelles T F March 2014 A PROGRESSIVE APPROACH TO IMMIGRATION AND ASYLUM In recent months, hundreds of people - men, women, and children- have lost their lives by drowning off the coast of Lampedusa, Malta, Ceuta and Melilla. These are not isolated events: since 1993, more than 20,000 people have died trying to reach European territory. At the same time, there is a growing number of Syrian refugees on their way to Europe, and other Member States at external borders of the EU face continuing pressures. Unfortunately, Council, Commission, and a right-wing led Parliament did not help promote real solutions to put an end to this tragedy and have lacked the determination to pursue a comprehensive, progressive response. The forthcoming European elections give us the chance to mark a change in Europe and shape progressive EU immigration and asylum policies based on prevention, protection and integration. Prevention To manage migration flows, the EU must address the political and economic root causes of migration in countries of origin. The EU must prioritise social, human and economic development, institution building, democratisation, and the consolidation of human rights. The Common Foreign and Security Policy must play its part in fighting against violent conflicts, political instability, corruption and promoting security, stability and conflict resolution. Development policy and capacity building can help countries on the path to social and economic growth, social progress, democracy and respect for human rights, fighting against poverty, making sure that high environmental, health and labour standards are respected, and preventing a brain drain that can impoverish labour markets and hamper social cohesion. Enlargement, Eastern and Southern Neighbourhood Policies are a key tool in preventing the need for migration. The EU must enhance partnerships on migration, mobility and security with Eastern and Southern Mediterranean countries. A partnership between equal partners, supporting secure mobility, democratisation processes, institution building, development, joint border management, the fight against smuggling and trafficking of human beings and joint protection of people in distress. EU Visa policy must become a tool for managing mobility and supporting democratisation and prosperity in third countries. We support visa facilitation and liberalisation for all 1

2 countries that can provide for document security, fight against irregular migration and ensure public order. Visa liberalisation fosters people-to-people contacts and business, scientific and cultural exchanges, producing significant changes inside societies. EU trade policy is key to this effort: the WTO agreement reached in Bali will reinforce multilateral trade systems, opening our markets to boost trade and investment with countries around the world and our neighbours of North Africa and the Middle East. Our trade policy can create opportunities, especially for young people who took to the streets to demand more and better jobs. We will continue to push for the highest level of social protection and equal treatment. Equal treatment is not an obstacle to free trade, but an opportunity to drive up social rights in the countries we trade with. Protection A progressive EU immigration and asylum policy should place individuals, their dignity, safety and protection at the centre of European action. Efficient EU border management must not be detrimental to the fundamental rights of migrants, including the right to life and respect for the principle of non-refoulement. Frontex coordinated operations at sea must not only protect EU borders from irregular migration and against people trafficking and smuggling, but also actively support search and rescue, with proper training for all border guards and personnel in EU and international law, including fundamental rights. We want EUROSUR (European external border surveillance system) to allow the EU to better share information on migration flows, in particular mixed flows, at its external borders and ensure increased coordination in assisting migrants in distress. The European Commission task force on migratory flows in the Mediterranean must lead to concrete action. We call on the EU and the Member States to review any legislation penalising people assisting migrants in distress at sea. A Common European Asylum System (CEAS) is now finally in place thanks to our efforts. All Member States must fully implement it, ensuring uniform, fair procedures for status determination, dignified reception conditions, full access to protection for people in need. The EU must do more to help Member States facing exceptional pressures. EU external borders are the borders of all. Relocation must be enhanced as a concrete form of solidarity and responsibility-sharing. But the EU needs to reflect on a binding solidarity mechanism based on objective criteria to ensure responsibility-sharing. A flexible application of the Dublin III Regulation should ensure protection when a Member State is unable to fulfil its obligations. We should closely monitor and evaluate the application of the newly revised Dublin Regulation, in particular with regard to the effectiveness of the provisions pertaining to the right to family unity and more generally the fundamental rights to which asylum seekers are entitled. The EU must show greater solidarity to third countries in receiving refugees. In parallel with intra-european solidarity on asylum, we also urge the EU and its Member States to turn into action their commitments for more solidarity with the countries outside Europe that host the vast majority of refugees. We strongly support the EU joint resettlement programme. When humanitarian crises occur, the EU and the Member States must explore all existing tools for providing safe entry to the EU for temporary admission, prioritising legal channels to access protection in the EU for those fleeing persecution. 2

3 Integration European migration policies have focussed more on repressive answers to migration flows than on inclusive ones. It is in the interest of the EU and its citizens to ensure that migrants have the chance to integrate and play a full role in society. We want the EU to actively promote the opening of channels of legal migration, securing access to employment, education and research based on the needs of the different labour markets, on the demographic challenge that Europe will be facing and on active integration and inclusion policies founded on a strong set of social and citizenship rights for migrants. We have led efforts to adopt legal migration instruments at EU level that provide for the equal treatment of workers against social dumping, like the Seasonal Workers Directive. We have obtained safeguards for workers rights, ensuring adequate sanctions against employers exploiting undeclared work. All our efforts must led us to defend a progressive EU immigration and asylum policy where individuals, their dignity, safety and protection are placed at its centre. Migrants are not just workers but first and foremost human beings, with equal human and social rights, entitled to free and fair mobility and to equal treatment in the workplace. We call for the repeal of legislation in EU Member States that criminalises migrants and asylum seekers in hampering dignified integration. This effort must be accompanied by a greater EU support for national and local communities engaged in inclusion and integration efforts, particularly in the urban context, for active employment, cohesion and regional development policies. The EU must foster a more inclusive idea of citizenship, and encourage Member States to facilitate the extension of nationality to children and youngsters born or raised in Europe, as a fundamental step towards real integration and inclusion. Extending voting rights in local and European elections to long term resident citizens would contribute significantly to their integration. The EU must ensure Member states apply European legislation and end all forms of discrimination based on ethnicity, belief, age, gender, disability or sexual orientation, in or out of the workplace. We continue to call on the Council to support a comprehensive directive extending protection against discrimination on all grounds. We must stand up to those who seek to use the issue of immigration to promote xenophobia. The European Parliament and national parliaments in the EU are the voice and the House of EU citizens: we believe that all EU actions in these fields should have a strong democratic dimension and we want the EP and national parliaments to be fully involved throughout the decisionmaking process. 3

4 Prevention It is in the self-interest of the EU and its member States to address the political and economic causes of migration in countries of origin. The EU must prioritise social, human, and economic development, institution building, democratisation, and the consolidation of human rights. A Common Foreign and Security Policy aimed at eliminating the root causes of irregular migration The CFSP must play its part in fighting against poverty, violent conflicts, failed states, political instability, corruption and climate change, and promoting security, stability, and conflict resolution. The promotion of democracy is a fundamental objective of the EU in its external relations, in development cooperation, in conflict prevention and in crisis management. A global and coherent approach is essential to combine the two approaches to promoting democracy: the developmental approach, which focuses on socio-economic progress for all and pro-poor growth, and the political approach, which supports political pluralism, parliamentary democracy and the rule of law, human rights and basic freedoms and a functioning civil society. Support for the political dimension in third countries must consist in pluralist capacity-building support in particular for the independence and integrity of the judiciary and good governance, including the fight against corruption and institutional support rather than interference. The use of smart sanctions should be a key instrument of EU human rights policy towards the most repressive regimes; selective punitive measures, such as asset freezes and travel bans imposed on high-ranking individuals, can and should be deployed in a way that does not impede further diplomatic engagement, bilateral trade, provision of EU assistance, and people-to-people contacts; but to deter human rights abuses, targeted sanctions should be applied systematically, consistently and with the broadest possible international cooperation. In the case of the most problematic partnerships, the Union should not isolate the countries concerned, but instead conduct relations with them on the basis of appropriate, effective conditionality, serving as a genuine incentive to democratic reform, compliance with the rules of good governance and respect for human rights. The Union should ensure that cooperation genuinely benefits the population. EU assistance should be decoupled from migration flow management and it should never be made conditional on return migration. Any readmission agreement must fully respect human rights and the principle of non-refoulement, and not put at risk any person in need of international protection. We urge EU Member States to ratify the UN Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, which is the most broadly-based international legal framework. This would take into account the needs of the labour market, while providing adequate protection for the rights of migrant workers and their families. 4

5 Promoting human rights worldwide and development to ensure people are not obliged to leave in order to survive In addition to violent conflicts and natural disasters extreme poverty, bad economic situations and lack of opportunities, and the consequences of land grabbing and food insecurity, are all major reasons for people migrating from their home country. By helping to improve the economic and social situation of developing countries, the EU can help to tackle many root causes of migration. Migration can also contribute to a country's development because migrants tend to send money home to their families. Development policy and capacity building can help countries on the path to social and economic growth to prevent migration.we have been pushing for a development policy in which human rights are respected and other EU policies take into account development challenges and better donor coordination. We stand for the reduction of transaction costs for migrants, through the provision of more formal and accessible remitting channels, and the promotion of access to financial services, with particular attention to rural areas. We have led on promoting corporate social responsibility, greater transparency and accountability in all sectors, including raw materials, making sure that high environmental, health and labour standards are respected so that people are not pushed to emigrate. One of our development policy goals is to fight illiteracy and for access to quality education for all citizens, with a special focus on women and girls, because this gives them the possibility of empowerment and self-determination. Girls education is key to future prosperity. The EU and developing countries must promote development projects and investments which create job opportunities for the local population and conditions for inclusive economic growth for a decent life for all. The EU must also make further efforts with regard to the development and democratisation of these countries and promote the rule of law. We stand for sustainable development and see the fight against climate change as essential because it is mostly the industrialized countries that cause climate change but developing countries that suffer from it. The push towards migration can also be diminished by disaster risk reduction, resilience and food security. These not only save lives and livelihoods, but are also more cost-effective. We are also campaigning to curb commodity speculation and for the regulation of financial markets. The EU's development and migration policy must in future focus on the most vulnerable groups in society (including children and unaccompanied minors, women and girls, LGBTI people and people with disabilities) and their rights and opportunities. The EU should also prevent the braindrain from contributing to the impoverishment of the labour market and becoming a threat to the social cohesion of countries of origin. It can contribute by pushing for and guaranteeing ethical recruitment practices, and by supporting effective integration policies and capacity-building practices for example vocational training. 5

6 Enlargement and the European Neighbourhood Policy as key policies for better migration management Candidate, future candidate and Eastern Neighbourhood Policy (ENP) countries are major sources of migration to the EU, and important countries of origin and transit for irregular migrants. Cooperation should help reduce human suffering and improve security on the EU's eastern and southern borders. We strongly support the Commission's efforts to further open up legal migration towards the EU. Through the ENP, we want to promote stronger partnerships in order to promote mobility. To reach the goals of democratic consolidation, economic prosperity and regional stability, and investments into societies and citizens (as opposed to elites) we must make the people-to-people components the heart of, not an afterthought to, the ENP. We strongly supported visa facilitation and liberalisation for all Western Balkan countries after they had met the benchmarks for document security, irregular migration, public order and security, and external relations and fundamental rights linked to the movement of persons.on the positive side, visa liberalisation has not only fostered people-to-people contacts and facilitated business, scientific and cultural exchanges, but also brought about significant changes inside these countries: it has contributed to resolving problems of registration and facilitated access to personal documents of Roma, vulnerable groups and displaced persons in the region. On the other hand, in the first months after the lifting of visas, the number of people from Western Balkans travelling to EU Member States claiming asylum increased. That is why we want to keep the system subject to full democratic control and scrutiny at European level, especially where there are moves to suspend the visa free regime. Concerning the Southern neighbourhood, the Arab Spring demonstrated that the security-oriented and "Fortress Europe" approach is unsustainable and undermines EU credibility. The root causes of migratory pressures in the Southern Mediterranean - such as political instability, unemployment, the absence of a perspective for a better life for young people in particular, corruption, and poor public services - must be addressed. Creating jobs and improving living conditions in southern partner countries must be our priority, while avoiding a counter-productive brain drain. We support the dialogue for and partnership on migration, mobility and security with Southern Mediterranean countries, on the basis of a tailor-made country-by-country approach - reflecting the overall relationship with the country concerned, and conditions for well-managed and secure mobility - to the benefit of citizens of the EU and of southern partners. This should be accompanied by a comprehensive EU strategy, to be developed in full cooperation with Member States and our southern neighbours, to deal with migration and protect refugees and asylum seekers originating from North Africa and the Middle East by ensuring full respect for the fundamental rights of all migrants. The mass exodus of refugees fleeing the humanitarian catastrophe in Syria continues, with no sign of the outflow ending soon. The newly revised Common European Asylum System will be nothing but an empty shell if access to Europe is rendered difficult, if not impossible, for Syrians seeking protection. The Union and its Member States should increase their efforts in this field, also by offering young Syrians opportunities to study and train in Europe so that they can return to their country and contribute to build a new Syria once the fighting is over. 6

7 A Trade Policy dedicated to the protection of labour, social and environmental rights Through the EU's trade policy, we are committed to opening our markets to boost trade and investment and help countries within our neighbourhood create opportunities, especially for young people who took to the streets in these countries to demand more and better jobs. The recent WTO agreement reached in Bali will reinvigorate the multi-lateral trade system, which remains the best guarantee for open, free and fair trade, beneficial to both developed and developing countries. But this is just the first step towards the more ambitious Doha development agenda. Many trade agreements contain the so called "Mode IV" clause, allowing temporary relocation of workers across borders to provide services. Mode IV must not hamper the fundamental principle of equal treatment of workers within the EU. It should guarantee equal pay for equal work and not allow corporations to bring cheaper labour into EU countries and therefore capitalise on the difference in wages - workers in the host countries also have a great deal to lose. Temporary workers are less likely to be unionised, as many multinational corporations fear that unionisation would lead them to lose their advantage. Not only does this deny temporary workers the rights many EU workers enjoy, it also threatens to drive down local standards if an insufficient level of social protection is not given to all workers. We have called transparency in trade negotiations. This applies to Mode IV in particular, as it opens the possibility for policy on the movement of workers to be put in the hands of corporations and locked in to trade agreements which are hard to reverse. We will continue to push EU trade negotiators so that workers involved in trade in services enjoy the highest level of social protection and equal treatment. Host country laws and collective agreements should apply and be monitored and enforced effectively through our trade agreements. Equal treatment is not an obstacle to free trade, but an opportunity to drive up social rights in the countries we trade with. We will continue to support free and fair trade agreements with countries far and wide to create jobs and investment especially in our neighbourhood, decreasing the need for those looking for work or a better life to have to risk their lives to come to Europe to seek work. All free trade agreements should include legally binding clauses on social and environmental aspects and respect for human rights. They must allow for the effective enforcement of the equal treatment principle, including making cross-border mobility conditional on equal treatment in terms of wages and working conditions. A comprehensive approach on a long term perspective towards trade and development should include: Strategies to supplement security and stability policies, promote democratisation and good governance, social inclusion, empowerment of women, minorities and disadvantaged groups, and ethnic tolerance; Budgetary relief, direct investment and EU market-access strategies; Rural development and food security strategies; Millennium Development Goals support with a view of reducing poverty and exclusion ; Job creation policies and increased mobility opportunities for academics, researchers, students and business people; Infrastructure development; Support for Small and Medium-sized Enterprises and microcredit facilities 7

8 Protection EU migration policy must be guided by the principles of solidarity and fair sharing of responsibility among Member States. It should ensure not only the integrity of the EU's borders, but also the fight against human trafficking and the safety of vulnerable migrants and any potential refugees. External Borders policy and Frontex Recent events in the Mediterranean Sea must act as a wake-up call for the European Union. Ever growing numbers of migrants are willing to risk their lives to try and reach the EU. The need to protect our borders and to have an efficient system of border surveillance cannot be detrimental to the fundamental rights of migrants arriving at European borders, including the right to life and respect for the principle of non-refoulement. In this mandate, Socialists and Democrats supported a revised regulation of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex) so that it must act not only to protect EU borders from irregular migration and against people trafficking and smuggling, but also play a more positive role in search and rescue. We also supported the provision of proper training for all border guards and other personnel of the Member States participating in the EU Border Guard Teams, and all Frontex staff, in the relevant EU and international law, including fundamental rights. We supported a swift agreement on new interception rules for Frontex-coordinated operations at sea, to achieve effective, coordinated, and binding rescue measures at sea and ensure that operations comply fully with international human rights refugee laws and standards and with obligations under the Law of the Sea. Assisting migrants in distress and rescue at sea were key priorities for Socialist and Democrats to give their support to EUROSUR (European external border surveillance system), a new instrument to allow the EU to better share information on migration flows, in particular mixed flows, at its external borders and ensure increased coordination and communication. We believe that Migrants should always be seen first and foremost as human beings with inherent human rights, in this regard condemns the installation of cruel border defence systems such as razor wires or the use of rubber bullets for border control in order to combat irregular migration. We want the European Commission task force on the issue of migratory flows in the Mediterranean to lead to concrete action. In particular we call on the EU and the Member States to amend or review any legislation which might be used to penalize people assisting migrants in distress at sea. We call for an increase in the budgets of the European Asylum Office (EASO) and Frontex to enable them to properly assist Member States in circumstances which require increased technical and operational expertise at the Union's external borders, including situations which involve humanitarian emergencies and rescue at sea operations. Proper funding is essential to developing a coordinated approach. Member States should also do more to increase practical cooperation with those agencies, including the provision of aid in kind such as posted officers, and material support. 8

9 We want to encourage the involvement of all EU agencies, local authorities, NGOs and civilsociety organisations in providing humanitarian assistance in times of crises. We must be willing to use the expertise of NGOs and civil-society both in relation to rescue operations and initial reception of migrants. Further work on contingency planning and capacity building is needed. In particular, the Union must develop appropriate, reasonable measures to be taken in response to an unexpected influx of refugees into one or more Member States. A Common Asylum policy A Common European Asylum System (CEAS) is in place. The focus now shifts to implementation of the EU asylum package in a coherent and comprehensive manner. The European Union must ensure equal treatment of asylum seekers no matter where they apply. This must be done in a way that reflects both solidarity and sharing of responsibilities between all Member States. Today, while numerous conflicts have forced more people to flee their homes worldwide than at any time in 20 years, S&D leadership on refugee rights and protection will be crucial in addressing some of these challenges. Ensuring correct and full implementation of the CEAS Years have been spent on drafting and adopting the second-generation legal instruments. We played a pivotal role in safeguarding high standards in laws on Asylum, against rising opposition from the right and within the Council of Ministers. In lengthy and difficult negotiations, we ensured that the Asylum Package adopted in June 2013 provides significant improvements compared with the current patchwork of badly implemented or completely disregarded asylum rules. It should lead to fairer and better standards for those who need protection across the Union. The package: - ensures the quality of the asylum procedures and reception conditions, - guarantees the respect of the rights of the asylum seekers, - increases the efficiency of the overall decision-making process, - further harmonises the asylum decisions and reception conditions within the Union, and - reinforces the monitoring of the measures taken. In the course of negotiations, we ensured that under the CEAS, all measures to detain migrants must be subject to an administrative decision, be duly substantiated and temporary, and only if alternatives to detention cannot be applied effectively. The revised EU asylum instruments must now be swiftly and fully applied. The success or failure of this system will now depend on how it is applied. Implementation must be closely monitored by the Commission and the relevant EU Agencies. We call for close monitoring of the guarantees for unaccompanied minors, the effectiveness of the identification mechanism for vulnerable persons, the quality of personal interviews, the application of accelerated and border procedures and the detention measures and conditions. Responsibility goes hand in hand with solidarity: enough talk, let's act! While acknowledging the challenge all Member States must confront in managing their borders responsibly, this needs to be done in a way that does not block access to protection for people who need it. The fact that still today access to an asylum procedure is not always guaranteed at the EU's external borders and that people are being "refouled" goes against fundamental 9

10 European values. In addition to promoting concrete measures for protection-sensitive border management, we call on the Union and its Member States to give effective help to those Member States confronted with excessive pressures. Relocation of beneficiaries of international protection and asylum seekers is a concrete form of solidarity and responsibility-sharing. We welcome initiatives such as the pilot project for intra-eu relocation from Malta (EUREMA), under which beneficiaries of international protection are relocated from Malta to other Member States. But we can do more and help more. The Union should explore other possibilities to strengthen the sharing of responsibilities between all Member States; this should include the creation of an objectively-based mechanism to reduce the pressure on those Member States receiving higher numbers of asylum seekers and beneficiaries of international protection, in either absolute or proportional terms. We also call for the proper use of existing EU legislation. Where necessary, the Member States must apply Article 3(2) of the Dublin III Regulation in order to assume responsibility for the asylum claims of people who are at risk of being unable to enjoy access to their rights in any Member State unable to fulfil its obligations. Solidarity measures must also contain more effective early warning and emergency response, which would help to prevent and address challenging situations in Member States and provide comprehensive solutions at European level more swiftly and effectively. Solidarity must also include financial support. Against this background, we have fought to ensure that the new Asylum, Migration and Integration Fund (AMIF) will be implemented in good time and help the EU achieve its strategic objectives, namely in supporting the Common European Asylum System and assisting those Member States that are most affected by migratory flows and faced with structural deficiencies. Greater solidarity in receiving refugees While there must be more effective intra-european solidarity on asylum, we also urge the EU and its Member States to turn into action their commitments for more solidarity with the countries outside Europe that host the vast majority of refugees. We therefore strongly support the EU joint resettlement programme. Resettlement at EU and national level will now be greatly supported by AMIF, primarily by making specific funding and incentives for refugee resettlement. When humanitarian crises occur, the EU and the Member States must explore all existing laws and procedures for providing safe entry to the EU to allow for temporary admission. This should not however undermine efforts to find sustainable long-term solutions for refugees. Against this background, we encourage the EU and its Member States to use innovative approaches to provide protection to refugees. We call for further political impetus to prioritising legal channels to access protection in the EU for those fleeing persecution. Schengen The creation of the Schengen area and its integration into the EU framework represents a major extension of citizens' rights and European integration, marked by the removal of internal border controls and unprecedented freedom of movement for a population of more than 400 million people over an area of km2 (and 26 countries 1 ). Following the Arab Spring, some right-wing governments were quick to justify suspending Schengen. We fought hard to defend citizens' freedom of movement in Schengen, against a purely opportunistic reaction, and argued that re-imposing internal borders affects all EU citizens, 1 The Schengen area is distinct from the area of the EU as some of its Members do not participate in the free movement aspects of Schengen (UK, Ireland) or could not yet lift internal border controls (Croatia, Cyprus, Bulgaria, Romania), while some non-eu countries participate (Norway, Iceland, Switzerland, Lichtenstein). 10

11 and that any decisions must be subject to EU approval. Migration flows cannot be described as a possible threat to internal security, and do not constitute possible grounds for the reintroduction of internal border controls. We led negotiations that transform Schengen from an opaque régime based solely on co-operation between governments, into a truly European system. In future, the Commission should ensure that Schengen operates effectively, and the European Parliament will provide democratic supervision and scrutiny. The revised Borders Code provides that if, under the new evaluation mechanism, serious deficiencies in the carrying out of external border controls are identified, the Commission may recommend that the Member State concerned take specific measures such as the deployment of European Border Guard teams, submission of strategic plans for assessment by Frontex or, as a last resort in a serious situation, the closure of a specific border crossing. The conditions for the temporary reintroductions of controls at the internal borders have been made stricter, and a Member State thinking of introducing controls must consult the European Commission and other Member States in advance. Only where such specific measures are ineffective and where the overall functioning of the Schengen area is put at risk as a result of persistent serious deficiencies related to external border control, and insofar as this constitutes a serious threat to public policy or internal security, as a last resort the temporary reintroduction of controls on specific internal borders could exceptionally be recommended at Union level. Migration and the crossing of external borders by large numbers of third country nationals will not be a reason for the reinstatement of controls at internal borders. 11

12 Integration European migration policies have been more focusing more on repressive answers to migration flows than on inclusive ones and the promotion of solidarity. It is in the interest of the EU and its citizens to ensure that migrants, whether economic migrants or refugees, have the chance to integrate and play a full role in their adopted society. This can be achieved by opening channels of legal migration, access to the labour market, to education and civil rights, and strong policies against discrimination. A more balanced European Immigration Policy More than ever, the economic crisis has shown how precarious the situation of third-country nationals is in the labour market. There is evidence of social dumping and discrimination regarding equal remuneration, over-qualification, and access to labour market facilities. We need a coherent comprehensive migration policy that should reflect the positive and concrete contribution that migrants make to the European economy, including harmonized legal frameworks for stable and temporary migration, in the Mediterranean and across the EU. We are committed to increasing legal channels of migration as one way of reducing the need for migrants to resort to more dangerous irregular methods of entry and provide a lucrative boon to criminal gangs trafficking human beings. This is why we have been in the vanguard of efforts to adopt legal migration instruments at EU level that provide for the equal treatment of workers. In the Seasonal Workers Directive (which represents the first legal migration instrument adopted at EU level directed at low-paid workers from third countries), we have pushed for the establishment of appropriate safeguards for seasonal workers in terms of condition of entry and the rights that those workers will enjoy (improved trade union rights, social security entitlements and working conditions, taking into account not only legislation but also collective agreements), while at the same time ensuring that adequate sanctions will be imposed on employers who try to exploit seasonal workers by breaching the terms of the directive. This should provide a channel of legal migration promoting a positive message on immigration. In negotiations on the Single Permit we secured equal treatment on working conditions, freedom of association, education and vocational training, recognition of diplomas, social security, tax benefits, and access to goods and services and employment offices. The shorter the permit to stay and work is, the lower the chances for migrants to have their rights recognized and respected or for social dumping to be prevented. This is why factors of vulnerability of migrants in the labour market should be removed, especially when they result from precarious short-term work or residence permits. The Directive must be fully enforced and implemented. It is unscrupulous employers, not migrants, who promote and profit from the black market in labour. Governments should strengthen national laws to prevent exploitation, ensuring that breaches are subject to strict sanctions, and guarantee the right to union membership. Following a holistic approach, we want the EU to consider all the tools available to it under its visa policy, in particular increased visa-free travel for third-country nationals. We also want equitable EU laws on other groups of potential migrants such as students and researchers, and intra-corporate transferees. Progress on those laws has been blocked by opposition in the Council of Ministers, but we continue to argue the case for equal treatment. Adopting EU laws is only one step: we must ensure that they are properly implemented in the Member States. 12

13 Integration Policy The EU has been the most successful enterprise of immigrant integration in history, in particular regarding southern European citizens who are no longer perceived as immigrants, but it has now to face new challenges, in a context of long-lasting economic crisis. If integration is key to ensuring the success of the European project as a whole, it also represents a challenge that the Union and its Member States have been reluctant to really face. Rather than incorporating immigrants effectively into schools, workplaces, and political systems, European societies are - in many respects - slipping into a state of 'disintegration', giving rise to extremist and eurosceptic forces. Continued immigration, managed wisely, creates substantial economic and social benefits, but immigration is also a source of anxiety and insecurity, and the extent of immigration is the focus of sustained public debate in many Member States. By contrast, the question of whether we should integrate immigrants who already live and work in the EU is self-evident. They must become full members of society, ultimately having the prospect of attaining citizenship. Anything less would imply sanctioning a two-tier society, a notion that offends our core values, that must guide EU policy on integration. Yet in trying to overcome this challenge the Union has committed precious few resources. Our Group's efforts to insist on more EU spending on integration have been met with inflexibility by the Council and even the Commission. Success in integration would strengthen the Union s economy in the face of global competition, attract workers and entrepreneurs our economies need, (as well as the scientists and students who are the bedrock of our ability to innovate), make our safer, and our communities stronger. The benefits of integration range even further than GDP growth, more secure pensions, and diminished unrest. Europe s immigrants can serve as the Union s bridge to a globalising world; enhancing trade, reinforcing social networks, and confirming the Union s position as a global leader capable of overcoming cultural and religious divides. And finally, integration is not only a question for the EU institutions. Member states, and regional and local authorities, also have a key role to play and we argue for greater cooperation at all levels on the integration of migrants. Access of migrants to education and social and civil rights The living and working conditions of migrant workers are an essential factor for integration, but so far nothing concrete has been achieved. In order to ensure migrants' integration into the social and economic life of the host country, measures have to be taken at national, regional and local level to ensure free and equal access to education and training, especially providing language classes for migrants and their children, regardless of their regular or undocumented status. The EU has recently adopted new instruments, which would allow - if duly applied - the strengthening of the rights of children. In addition to a strict monitoring of the different mechanisms and instruments in force, we call for mandatory guidelines on unaccompanied children, which ensure not only assistance through all stages of the proceedings, but also better coordination between the different stakeholders involved at European and national level. 13

14 Access to education and training his will reduce the risk of exploitation as well as giving people who have left their country the capacity to return. Training courses for teachers, institutions, social workers and NGOs would raise awareness and focus attention on elimination of exclusion and marginalisation. Migrants have also to be considered not only as workers but primarily as human beings, with equal human and social rights. They should be entitled to free and fair mobility and to equal treatment in the workplace. Obstacles for third-country nationals to be admitted to public service employment should be removed, at least as long as the exercise of public authority is not concerned. A minimum level of protection for undocumented migrants and their families has to be ensured, for instance, access to healthcare, education and other fundamental public services. A European framework setting out criteria for the regularisation of or granting of amnesties to undocumented migrants should be considered. Extending voting rights in local and European elections to all lawfully resident citizens a after a set time period would contribute significantly to their integration into European society. We want to foster a more inclusive idea of citizenship, and encourage access to nationality for children born in the EU. All citizens of Europe, regardless of where they or their parents came from, are an integral part of our society. Migrants and their children must be given opportunities to be full members of European society, through participation and citizenship. Long-term residents should have the right to vote in local elections where they live. If migrants are to integrate and play a positive role in the community, they should be allowed regulated access to labour and social rights, as well as access to education and health care. Policies against discrimination and xenophobia The principle of equal treatment is one of our core values. Every migrant deserves to be treated with respect and dignity. We stand for a Europe of tolerance, solidarity and inclusion, and the European Charter of Fundamental Rights, and we have fought hard against the evils of extremism and xenophobia. Unlike those who seek to exploit the issue of immigration for xenophobic ends, we believe in an ambitious European approach based on ending all forms of discrimination based on ethnicity, belief, age, gender, disability or sexual orientation, in or out of the workplace. We continue to call on the Council to support a comprehensive directive extending protection against discrimination on all grounds. 14

15 Budgetary implications The European budget is crucial for implementing consistent migration policies and foreseeing necessary rapid answers to unforeseen events and emergency situations, for example a sudden increase of migratory flows. Member States have consistently set high ambitions for the Union, but they never provided sufficient funds to back them up, in particular for key agencies, such as Frontex and EASO. It is becoming impossible to carry out new and growing tasks, and at the same time deliver on a demand for better results, with fewer resources. The trend has been to focus the allocation of resources more towards internal security and the protection of EU borders, than on prevention and asylum. Despite the fact that the ambitions have not lowered, the Council sought to cut resources in the Multiannual Financial Framework across the board, by about a fifth. Our Group managed to negotiate a mid-term revision, and we insist that the next Commission and the EP and Council as budgetary authority to ensure that the means available are sufficient. The challenges for policies affecting immigration and asylum are such that they cannot be met by individual Member States alone. The EU budget is an excellent tool for responsibility-sharing and expressing solidarity within the Union, through which all Member States contribute to the financing of these policies. If correctly used, it can achieve synergies between different EU policy areas and programmes, and the full benefits of cooperation. Conclusion In the face of economic austerity, we have been witnessing a growing reluctance to promote migration given populist anti-immigrant sentiment, and Member States using short-term crises as an excuse for putting into jeopardy great European achievements such as Schengen and free movement. The EU and its Member States have to accept that Europe is a continent of migration, and that it is in Europe's self-interest not only to allow managed migration but also to ensure the integration of migrants. The immigration and asylum policies of the EU must be seen as part of a bigger picture, and must be co-ordinated with other policies ranging from the CFSP, Trade, Development, Enlargement and Neighbourhood, and Human Rights to Employment, Education and the Budget. They should place individuals, their dignity, safety and protection at the centre of European action, focussing on a strong political dialogue and partnership with countries of origin and with countries of transit, supporting democratization processes, institution building, development, joint border management, the fight against smuggling and trafficking of human beings and joint protection of people in distress, including opening legal channels for controlled mobility to the EU. This is no time to hesitate: political authorities at EU, national, regional, and local level must act urgently to adopt measures that reflect our multidisciplinary, progressive, European strategy. The European Parliament and national parliaments must be fully involved throughout the process. A co-ordinated migration policy is in the best interests of current and future EU citizens. The new Commission will have to take a positive approach to legal migration and integration but also show greater commitment to tackling the problems that force people to leave their homes and migrate or seek asylum. 15