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Caritas Europa comments on the EC proposals for regulating labour migration to the European Union 

Brussels, 6 November 2008 - Caritas Europa and its partner organisations representing Churches throughout Europe - Anglican, Orthodox, Protestant and Roman Catholic - as well as Christian agencies particularly concerned with migrants, refugees, and asylum seekers, have recently provided a response to the Commission's proposals on instruments regulating labour migration to the European Union.  

They feel that it is time to face the challenges posed by migration in a constructive way while investing less in border controls and other deterrent mechanisms, and welcome the initiatives launched by the European Commission related to the following three texts: 

1. Proposal for a Council Directive on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State ("Framework directive"), COM (2007) 638 final. 

2. Proposal for a Council Directive on the conditions of entry and residence of third country nationals for the purpose of highly qualified employment ("Blue Card Initiative"), COM (2007) 637 final. 

3. Communication on circular migration and mobility partnerships between the European Union and third countries, COM (2007) 248 final.

While the rights-based approach of text 1 is to be appreciated, a reference to the ILO and UN Conventions on workers rights as well as to the articles of the European Charter of Fundamental Rights of the European Union concerning the rights of workers is missing. Despite the objective of the directive to create a level playing field for all third-country nationals legally working within the EU, Caritas Europa and its partner organisations express criticism about the exclusion of seasonal workers (Art. 3.2 (d)), asylum seekers and people under subsidiary protection (Art. 3.2 (e)  and (f)) from the scope of the proposal. They also underline that by not setting any limitation to the possibility of extending (in exceptional circumstances) the time limit to process the application and adopt a decision for the issuing of the single permit, the proposal leaves room for excessive or even abusive extensions of the period foreseen in Art. 5.2. 

Caritas Europa and its partner organisations regard the "demand-driven" approach followed in text 2 as an important step, which aims at offering highly-qualified migrants attractive working and residence conditions in the EU through a common fast-track procedure for the admission based on common definitions and criteria. At the same time the organisations underline that the scope of the proposal should be extended to refugees (Art. 3.2), beneficiaries of subsidiary protection and asylum seekers by granting them access to the labour market. They also see the urgent need for further progress in concluding agreements between Member States and immigrants' countries of origin with a view to transferring acquired social security rights. 

Circular migration, one of the subjects included in text 3, is a component of the mobility partnerships that can be useful in promoting the development of countries of origin or in mitigating the adverse effect of "brain drain". Moreover it allows migrants to gain skills and savings while abroad. It is evident that circular migration is only facilitated through a legal framework that promotes mobility, access to information and reintegration. Therefore, according to Caritas Europa and its partner organisations, solutions such as multi-entry visas, portable benefits and flexible residency could play in the future a crucial role in helping migrants to maintain ties with their countries of origin. Furthermore, they advocate for integration measures to beoffered to those who come to the EU, even on a temporary basis. Language courses, cultural skills and entrepreneurial training should not only be offered in the pre-departure period, but also continued and intensified after the arrival. These, in combination with integration measures aiming at EU citizens, will contribute to social inclusion and equal treatment in our societies.

    

Ukrainian seasonal workers in Poland

Credit: Piotr Maleki

 

  Useful documents
 
 Comments by Caritas Europa and its partner organisations, integral version
 
 ("Framework directive"), COM (2007) 638 final
 
 ("Blue Card Initiative"), COM (2007) 637 final

Communication on circular migration and mobility partnerships, COM (2007) 248 final 
 
 





 
 

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