B3-1013, 1041, 1042 and 1047/93

Resolution on European immigration policy

The European Parliament,

-having regard to Articles 8a, K.9 and 100c of the Treaty on European Union,

-having regard to the Commission communication to the Council and Parliament of 11 October 1991 on immigration (SEC(91)1855),

-having regard to the report submitted to the Maastricht European Council by the ministers responsible for immigration policy,

-having regard to the declaration on the principles governing external aspects of migration policy of the Edinburgh European Council of December 1992,

-having regard to its resolutions of 18 November 1992 on European immigration policy and the harmonization within the European Community of asylum law and policies,

A.recalling the declaration made by the Edinburgh European Council and, in particular, the major importance it attached to the coordination of action taken by the Community and the Member States in the area of migratory movements,

B.profoundly worried by the most recent decisions on immigration adopted by the Ministers of Justice and/or Interior Ministers on 1 June 1993 on a proposal from the ad hoc working party on immigration,

C.whereas the ministers of the Member States with responsibility for immigration, meeting at intergovernmental level, are inclined to come up with stopgap measures which correspond neither to the demands of the situation nor to the wishes of the European Parliament on this issue,

D.concerned at the often precarious situation of immigrants from outside the Community and the discrimination to which they are subjected with regard to housing, access to employment, freedom of movement and political, economic, social and cultural rights,

1.Notes the outcome of the meetings of the ministers responsible for immigration in London and Copenhagen and deplores the fact that the ministers have taken no account whatsoever of the European Parliament's constructive opinions, expressed in its abovementioned resolutions of 18 November 1992 on immigration and asylum law and policies, with particular reference to the following points:

(a)the resolution on manifestly unfounded applications for asylum ignores human rights as regards legal remedy and guaranteed protection,

(b)the resolution on host third countries jeopardizes the right laid down by convention for requests for asylum to be lodged in a country chosen by the applicant political refugee,

(c)the use of the concept of safe countries may entail the risk that expulsions might take place on a statistical basis,

(d)the operations of CIREA (information, research and exchange centre on asylum) are not based on an independent statute and are not sufficiently accessible,

(e)the CIREFI (information, research and exchange centre on border crossing and immigration) has no suitable legal basis and no external control body,

(f)the resolution on the harmonization of national policies on family reunification is likely not to respect private life as laid down in the international treaties and to lead to discrimination and uncertainty,

(g)the recommendation concerning checks on and expulsion of third-country nationals residing or working without authorization is likely to jeopardize the legal rights of residence of certain non-Community immigrants, and does not adequately guarantee the right of access to the courts;

2.Emphasizes that decision-making in the field of immigration must be transparent, so that citizens can be confident that Member States and the Community (within their competences) are managing immigration in a way which respects human rights and protects the existing Treaty rights of Community citizens;

3.Expresses its criticism of the Commission which, by reason of its presence in the ad hoc working party on immigration, indirectly endorses intergovernmental decisions and creates an unacceptable imbalance in the dialogue between the institutions;

4.Deplores the fact that the preparatory documents adopted at Copenhagen were not forwarded in advance to the European Parliament and to the national parliaments, thus preventing any discussion of the matter by those bodies;

5.Considers that these measures are not in keeping with the principles of the European Parliament on European immigration policy, with the spirit of the Maastricht Treaty and with the European traditions of social justice and human rights;

6.Emphasizes that measures adopted by the Member States to expel illegal immigrants and discourage illegal immigration must not discriminate between European citizens and legal immigrants, as could result from the application of the principles accepted by the Ministers of Justice and/or Interior Ministers on 1 July 1993 on a proposal from the ad hoc working party on immigration;

7.Considers that a common policy on immigration must respect the rules governing parliamentary democracy and therefore calls, until immigration and related matters are brought within the sphere of the Community, for the role of the European Parliament to be strengthened in the implementation of Title VI of the Maastricht Treaty, in accordance with the principles set out in its resolution of 15 July 1993 on cooperation in the field of justice and home affairs pursuant to the Treaty on European Union (Title VI and other provisions);

8.Considers that to look at the question of immigration solely from the point of view of public order and internal security only serves to increase unjustified fears and a false assessment of the problem in the eyes of the public;

9.Considers that Community immigration policy must be compatible in all respects with the international obligations of the Community and its Member States to ensure respect for human rights and fundamental freedoms;

10.Calls for educational establishments and the media to make a more active contribution to disseminating information on foreign communities, their history, culture and contribution to economic and social life in the Community, in order to combat ethnocentricity and promote harmonious relations between communities;

11.Takes the view that, in order to reduce levels of immigration, priority must be given to increasing solidarity with immigrants' countries of origin by reducing their burden of debt and providing them with development assistance; hopes that the Community will give more attention and more impetus to its policy of cooperation with third countries, in order to tackle poverty and the lack of economic prospects, which are the root causes of the main immigration flows; is concerned at the possibility of jeopardizing the benefits achieved by cooperative action with third countries, especially in the Mediterranean region;

12.Calls on the Commission to draw up a framework directive on immigration, to be followed by specific directives on family reunification, access to the labour market, vocational training, re-emigration and temporary employment status, as measures all specifically called for in Parliament's abovementioned resolution of 18 November 1992 on immigration policy; all this must provide a proper basis for a full public debate;

13.Calls on the Member States to ensure unimpeded access to citizenship for third country nationals after a reasonable period of legal residence and to guarantee equal treatment in respect of social and economic rights and recognition of civic, cultural and political rights, including the right of those legally resident in a Member State for five or more years to vote in local elections;

14.Urges the Presidency of the Council to ensure that measures are taken to prevent future distortions of this kind in relations between the institutions and that the European Parliament is consulted on all initiatives planned in the field of immigration;

15.Instructs its President to forward this resolution to the Council, the Commission, the governments of the Member States and the national parliaments.