Local view for "http://purl.org/linkedpolitics/eu/plenary/2000-05-18-Speech-4-307"
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"en.20000518.14.4-307"2
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".
Mr President, my report does indeed concern the proposal for a regulation submitted by the Finnish Presidency on the relations and obligations as between the Member States for the readmission of third country nationals inside the European Union. I am really sorry to have to say, on behalf of the Committee on Citizens’ Freedoms and Rights, Justice and Home Affairs, that the proposal for a regulation has not been given the due attention, study and careful preparation needed when handling such a delicate and complicated matter. This lack of preparation has resulted in serious reservations, rejection or a lack of interest in the proposal for a directive by the European Commission and the Council and by the parliamentary committees responsible, i.e. the Committee on Freedoms and the Committee on Legal Affairs, as well as on the part of non-governmental organisations, which the Finnish Presidency does not appear to have consulted.
The Tampere conclusions noted that the Union needed a comprehensive approach to the phenomenon of immigration, which is clearly linked to a whole series of political questions which have remained unanswered. It is linked to respect for human rights and to the economic, social, political and cultural conditions in the person’s country of origin. As far as the question of readmission is concerned, the Member States already have the experience of agreements under European Political Collaboration and Schengen-type cooperation. This is a sensitive issue which calls for diplomatic collaboration.
As far as the content of the Finnish initiative is concerned, there is no explanatory statement attached to the draft regulation. The initiative does not show any strategic vision. The draft seeks to lay down a Dublin-style system for illegal immigrants, following the model of the Convention on asylum seekers, the application of which, as we know, has proven to be highly problematic and ineffective. Priority is given in the proposal for a regulation to send back foreigners illegally present on the territory of Member States under a system of compulsory readmission operating between Member States. The regulation aims to determine which Member State is obliged to readmit a third country national in order to implement the agreement in question. The draft regulation does not debar a Member State from sending a foreigner who does not meet the conditions of entry or residence in a Member State back to his or her country of origin or another third country. This provision seems to empower Member States to take more severe decisions outside the scope of the proposed regulation.
Other points which deserve criticism are the fact that any kind of solidarity between Member States is precluded, in particular as far as illegal border crossings and responsibility for the external borders of the European Union are concerned. The proposal is perhaps a way of exercising indirect pressure for the borders of the European Union to be fortified.
Similarly, absolutely no consideration is given to the particular circumstances of persons who may have spent a long period of time in a Member State before being classed as illegal. Residence permits for asylum seekers are not included in the documents provided for in the regulation, thereby creating the possibility of undermining the protection afforded to them. The regulation permits readmission to another Member State to be requested within six months from the time when the authorities of the requesting Member State became aware that a third country national may be (not “is”) illegally present. In other words, the proposal allows entry to the territory of a Member State to be proven on the basis of hypothetical evidence. The way in which the data required to identify persons to be readmitted is determined is open to every kind of abuse.
However, the basic problem appears to be that no strategy or European policy has been devised on immigration. I consider, Commissioner, that we urgently need to prepare legal tools for the immigration directive, rather than confining ourselves to suppression and policing measures which are not subject to democratic control. We urgently need to implement the Tampere conclusions and devise a common European policy on asylum and immigration based on European humanitarian values and respect for fundamental human rights.
Finally, we call on the European Commission to take the necessary legislative initiatives on all the issues which touch on immigration and, of course, to define the mutual obligations as between the Member States. We are aware, Commissioner, of your personal interest and of the difficulties facing the Council and assure you that any initiatives which you may table in this direction will have our undivided support."@en1
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