European Pact

Pact passed by the Heads of States and governments during the European Council (October 15th-16th, 2008)

Pact on immigration and asylum, 2008

“Immigration, a durable phenomenon which forms an integral part of international relations, is one of the principal challenges in the years and decades to come. Immigration pressures will remain as long as there continue to be disparities in development between Europe and southern and eastern countries. (…) Zero immigration is an illusion. Organized and regulated immigration can offer opportunities, as they are a factor in promoting human exchanges and growth, particularly for countries for which economic development and an ageing population reflect an increasing need for renewed legal immigration.
When badly managed, immigration can have negative consequences for the host countries and for immigrants themselves. The majority of European countries have to cope with illegal immigration, which is an obstacle to the smooth integration of legal immigrants, and a cause of conflict. Governments
cannot settle for such a situation. (…)
The European Union is convinced that a fair, balanced and effective policy must deal with all aspects of immigration at the same time.” (Extracts of the European Pact on immigration and asylum, October 2008). Defining a common policy for immigration and asylum combining widening – for economical and demographic purposes - and firmness, the European Pact on Immigration and Asylum commits its Member States in 5 key areas which render this wish to give up the (theoretical) “Zero immigration” policy for a “global approach” arriving at a “chosen” and controlled immigration.

- To organise legal immigration to take account of the priorities, needs and reception capabilities determined by each Member State, and to encourage integration. It is the responsibility of each Member State to implement labour migration policies and decide on the number of persons it wishes to admit according to its individual labour requirements. “The attractiveness of the European Union for highly qualified workers must be reinforced. Temporary and circular migration (i.e. return trips) must be made easier, while trying to avoid the brain drain phenomenon from immigrants’ countries of origin. (…) Member States must have ambitious integration policies, which are based on a balance between rights (access to employment, housing, social services) and the duties of immigrants (respect for the laws and identity of the host country). Learning the language of the host country and access to employment are considered crucial factors for integration.” (Ibidem).
- To control illegal immigration by ensuring the return of illegal immigrants to their country of origin or a country of transit. Member States must limit themselves to regularisations on a case by case basis for humanitarian or economic reasons. Nowadays, the Belgian government still hasn't defined these criteria!
- To make border controls more effective;
- To construct a Europe of asylum. The Pact calls for the setting up of a common European asylum system in order to avoid the disparities which still exist in granting refugee status, and their consequences.
- To create a comprehensive partnership with countries of origin and transit to encourage synergy between migration and development.

This pact on immigration and asylum is part of the transfer movement of the important levers of migration policy to the European Union which is in charge of the harmonization of international policies.
The Treaty of Amsterdam which came into force on May 1st, 1999 provides for « … the setting up in the next five years of a common space of freedom, of security and of justice, including a common immigration and asylum policy ». The European Summit in Tampere (Finland, October 1999) confirms this will to bring together the national laws « … based on a common evaluation of the economical and demographic evolution within the Union as well as of the situation in the countries of origin.

In a different economical and social context, we find again the motives that had justified an economic and family immigration (or emigration…) from 1946 to the middle of the 70’s. (Source : Migration. Rapport annuel migration 2008, Centre pour l’égalité des chances et la lutte contre le racisme, Brussels, 2009)
Progressively, the European states are going to abandon the policy, which remained theoretical, of « zero immigration » for a « global approach » leading to the opening of a new « chosen » and controlled economical migration.

The idea of the Pact was French in the beginning and it even was a priority of the presidency of the Union which France was in charge of during the second half-year in 2008. Very restrictive in the beginning and essentially centred on the issue of illegal immigration and collective regularizations, this text has been amended and « softened » to lead to the compromise adopted by the European council.

Also see the comments and analyses of the Belgian newspapers Le Soir (article in the appendix) and La Libre Belgique :
http://www.lalibre.be/actu/international/article/448272/le-pacte-sur-l-immigration-est-adopte.html
http://www.lalibre.be/actu/international/article/448235/les-27-balisent-leur-politique-migratoire-pour-la-decennie-a-venir.html

http://www.uclouvain.be/cps/ucl/doc/demo/documents/Pacte_europeen_sur_l_immigration_et_l_asile.pdf

Philippe Plumet

INFOREF

External expert. Project leader - Educational coordination unit “Democracy or barbarism”, Ministery of French-speaking community in Belgium