Friday, 08 July 2011 07:06

Divided, though common – European Union migration policy on illegal immigration

Catherine Araczewska
Comment

Visible at EU level no idea the solution of the problem of illegal immigration is a growing challenge for governments of Member States of the European Union. The issue of migration, including also the problem of illegal immigration and the possibility of reintroduction of controls in the Schengen area was first proposed by France and Italy, were one of the main topics on the agenda of the European Council last summit, which took place on 23-24 June 2011 in Brussels.

Weakness common EU migration policy confirms the judgment of the Court of Justice of the European Union, the Italian anti-immigration law. According to the judgment of the Court of 28 April 2011 (C 61/11) national legislation providing for punishment of imprisonment for staying illegally in the territory of the Member State of a third country national who does not comply with the order to leave the territory of the country, it is not compatible with the so-called. Directive on the return.

In the case against Hassan El Dridi, an illegal immigrant from a third country, sentenced to years of imprisonment penalty for not complying with an order to leave the territory of Italy, the Court assessed the criminal sanction, as laid down in the Italian legislation, it can threaten the achievement of the objective of the Directive conducting effective policy on removal from the territory and repatriation of respect for fundamental rights.

Judgment of the Court is a powerful, though certainly not unexpected, blow to the Italian authorities recently struggling with increased influx of illegal immigrants mainly from the North-African countries. The decision clearly defines the boundaries of internal control aimed at illegal immigrants and reminds states of the obligation to comply with the EU’s solutions, even if the inner field, they are rated as ineffective.

The Return Directive – Directive of the European Parliament and the EU Council of 16 December 2008 (2008/115/EC) – Based on the principle of proportionality to the means and the desired objectives, it is the most important piece of legislation is currently pursuing a common EU migration policy of the illegal immigrants. It regulates however, only ad hoc measures, leaving quite a large scope to the assessment of the Member States which are coping with a difficult situation in the Mediterranean basin, may not always act in a manner consistent with the principle of proportionality.

The case of Italian clearly testifies that the current EU regulations do not provide sufficient funds for the long-term solution of this issue, and short-term solutions do not correspond to the real needs of vulnerable states on the influx of illegal immigration, burdening them in terms of financial and organizational.

Impossible agreement
At EU level, however, can be noted a reluctance to debate on illegal immigration, due to the uneven severity of the problem. When it comes to attitudes towards immigrants, not just illegal, European countries can observe two opposite tendencies. On the one hand, the influx of citizens of third states is treated as a prescription for aging Europe, which will soon run out of the labor force, on the other hand are fueled xenophobic sentiments, tonic electorate pushing right-wing parties and consideration of other inner problems, primarily economic.

Consensus aimed to address the problem of long-term influx of illegal third country nationals, which would allow to establish common goals of migration policy acceptable to all EU members, not yet seen. Member states at the EU level are consistent only in the short-term solutions such as those already provided for in the Directive, to improve the protection of external borders and strengthening cooperation with third countries, leaving the broader issue regulations to national law.

Consequence of the lack of solidarity with the countries significantly affected by illegal immigration, and effective migration policy are becoming more and more radical steps taken by the authorities of those states. On the one hand, a meet with national obostrzaniem anti-immigration legislation, on the other hand more often hear of the need to introduce fundamental changes in the way the EU works.

Height of desperation of the Member States
Italy captivated illegal immigration into the framework of criminal law behind it foresaw a penalty fine of 5 to 10 thousand euros or imprisonment for up to 4 years, which turned out to be in conflict with EU law.

The situation in Greece, as much affected by this issue, it is also difficult. Greek law treats illegal entry as a crime, which actually automatically exaggerating the forced detention pending a decision on deportation or asylum. Meanwhile, according to a report drawn up in January 2011 by the Agency for Fundamental Rights of the European Union, the conditions in the detention centers of the Greek part can be described only as “inhuman”.

The French measures to combat immigration was loud last year in connection with the liquidation of a number of Roma camps and collective deportations of Roma to Romania and Bulgaria, although they were not nationals of third countries.

In view of the ineffectiveness of the measures taken at the national level in recent months, primarily from France and Italy, there are voices of the need to revise the Schengen Pact. Although a departure from the fundamental to the functioning of the current form of the Schengen Agreement does not seem real, you should note that there have been already provided for by EU law cases of the suspension, in part due to political Be sporting events, such as the European Council, but also in connection with the excessive influx of illegal immigrants.

In April, it was the closing loudly by France in Ventimiglia border crossing for trains coming from northern Italy and carrying the Tunisian immigrants. France excuse the necessity EU law provided for the protection of public order, however, the operation of Paris was in fact directed against immigrants who have obtained permission from the Italian authorities for a temporary stay, allowing them to move freely within the territory of the whole of the EU.

Such action should be assessed as contrary to the Convention implementing the Schengen Agreement and accepting the key to the EU principle of free movement of persons. On the other hand, the mass granting of temporary residence permits from the nieradzacych is the outer boundary of the protection of Italy to implement a policy that could be called “policy kukulczego eggs”, which main objective is to transfer part of the problem of the effects on other Member States.

“Illegal” element of political marketing
In addition, the issue of illegal immigration in many countries, acts as a substitute specific topic. During the run up to local elections, which were held in Italy at the end of May, this issue was considered by the ruling center-right coalition of Silvio Berlusconi as a bogey, having an unhappy voices attract nationalists. However, the center-right defeat may be the first signal of this, the policies and solutions Berlusconi government espoused by the society are not considered to be an Italian was right to fight against immigrants.

In a similar situation to Italy is located France, where President Nicolas Sarkozy also uses anti-immigration actions as part of the election campaign before the presidential elections that will take place in 2012. Sarkozy’s proposed amendment to the French law on immigration, which helps deportations of illegal immigrants and providing for the answer already given French nationality for attacking a police officer, a narrow majority in the Senate just disappeared.

It is difficult to assess how attitudes authorities tightening the countries affected by a wave of illegal immigration is an action calculated to attract the electorate, and to what extent the implementation of effective state policy. However, the lack of a common migration policy divides Member States to cooperate instead of turning against each other.

Dodge EU
The observed current lack of solidarity is caused by fear of the consequences of the economic and social related to the influx of the territory of the EU wave of immigrants who should at least ensure health care and social and legal assistance, and perhaps pespektywie wider access to labor markets and education, which for Europe Struggling with a crisis is a challenge.

Expectation that the problem of illegal entry of third country will be solved unilaterally by the countries to which it refers, is unreasonable, if only because of the limited resources available to them. Sooner or later the effects of the measures taken by the state, such as Italy and France reach the other members of the EU, which would force unions to reach a common position. Based on observable demographic growth trends in Africa, leaving no illusions as to the eventual decline of migratory pressures, we can say that it will be sooner rather than later.

The current actions of EU institutions in the field of illegal immigration often have only a negative character and rely on the indication, which should eliminate the national action as incompatible with EU policy line. Meanwhile, the EU needs effective solutions are positive, not only of a preventive nature, over which the Member States debated the last Council meeting.

In the absence of the agreement of all 27 states does not seem to have produced the next few months some concrete decisions on migration policy. At the June European Council, in addition to the call for greater cooperation and solidarity, it was suggested, although the introduction of a special mechanism to meet outgoing “extraordinary circumstances”, presenting a risk to the overall functioning of Schengen cooperation, it was explained, however, how this particular mechanism would operate without infringing the principle of the free movement of persons.

The Conclusions of the Council is also talking about a possible inclusion in the Schengen Pact safeguard clause, giving the unique introduction of internal border controls in critical situations where a Member State will not be able to perform its obligations under the Schengen rules. How, in practice, such a provision would be implemented, no one knows.

Task to comment on the matter was left to the European Commission. However, even in the unlikely case of achieving consensus among Member States on any changes proposed by the Commission would have to agree also skeptical on the matter set the European Parliament.

Potential solutions
Instead of a debate on the possible revision of the Schengen agreement, more productive development could prove to be an effective aid plan for North Africa, aimed at improving the conditions of life and respect for the law, which in the long run would reduce the waves of illegal immigration. For such a plan turned out to be effective, however, it would be necessary to establish clear rules for spending the money coming from the EU and effective control mechanisms. Proposed by the Council to initiate a dialogue on migration, mobility and security with the partner is only a small step in this direction.

Unmistakable action for a common migration policy codifying the practice of individual states, it would lead to the end of the ongoing work on a common European asylum system, which, according to the plan of the European Commission, may take place in 2012. Currently, the level of treatment of asylum seekers and guarantees granted to them varies widely across the EU, and the chances of obtaining protection are different depending on which Member State shall consider the request.

With regards to ad hoc solutions to relieve pressure on states such as Italy and France, it would be desirable implementation of the program aimed at jointly and severally liable for the separation of illegal immigrants among all Member States. The role of individual countries could rely on the physical part of the acceptance of immigrants (regardless of whether they granted them the right to stay, and also would go into their expulsion) or financial support for the countries that own means of coping with illegal immigration. It is, however, the demand to the extent uncomfortable that there was not even on the agenda for the European Council.

The issue of migration policy is also important from the point of view of Polish, which, together with the beginning of the month began a period of presidency. Unresolved issues shall come because of its head, a previously applied policy of empty declarations and evasion of responsibility may not be enough. Would benefit if the Polish government was prepared for a constructive debate on the practical solution of the problem of illegal immigration in Europe and the clear desire for any of the positions.

The bunga-bunga the Italian government overthrow?

Asleep Knight and Sercokradka

Enlarge
Asleep Knight, the Minister Silvio Berlusconi.
Enlarge
Karima El MAHRUG, aka Ruby Sercokradka.
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Lord, outraged inquisitive questions, underline that they are grown up, and settles nothing to their sexual life. Confirm that the banquets would get gifts of cash and jewelry, but would speak about what others were doing. For example, the three satyrs shoring in chairs (Berlusconi, Fede and Mora) watching a striptease performed by girls dressed as nuns and police officers. Was supposed to occur at the same time “sexual gestures involving the touching of intimate parts of the body.” Another time, girls were to simulate oral sex with a wooden sculpture of the mythological god of fertility with a huge phallus Priape.
Details of the events are of course a powerful reputational blow for Berlusconi. As emphasized by piaru hype, idol and leader of poverty may prove to be a fool, but I can not afford to ridicule. Rapidly dwindling group of fans of the former prime minister and his lawyers repeated that the prosecution operates a political motives, because it led to the disclosure of intimate details of the life of the prime minister, despite the lack of evidence of any crime. Indeed, in this process it will be difficult to prove Berlusconi, the personally urged to prostitution, but in the second risking much more serious objection already: having sex with a minor.
Remember: the whole scandal erupted in May 2010 when the police station in Milan, accused of stealing hit Morocco’s daughter of immigrants, even minor Karima El MAHRUG, aka Ruby Sercokradka. He explained that the Prime Minister’s protégé, and indeed after a while the police rang from Paris Silvio Berlusconi. I explained to the police that the girl is a relative of Egyptian President Hosni Mubarak, and asked to be let off, otherwise the matter will end a diplomatic scandal. As a result, Ruby was transferred to the care of the police station came to the councilor Nicole Minetti.
The prosecution, however, grabbed the lead and began to listen guests Berlusconi events to prove his use of underage prostitution, which carries six years in prison. In intercepted telephone conversations she told Ruby various, conflicting with each other things, but in court and in the media is insistent that the Prime Minister never burns. Although the June 7 Brazilian Conceicao Michelle testified that April 25, 2010 she saw me in bed with Berlusconi, but it turned out that he was lying – the data in the mobile phone shows that if it was not even in Arcore.
However, if a witness to finally find or, worse, change the testimony of Ruby, Berlusconi is convicted. Until recently, the fate of the most powerful and richest man still in Italy are now in hand a young girl, a specialist in dance on the tube, which is one of the intercepted telephone conversations boasted that Berlusconi offered her in exchange for silence 3 million. Incidentally adventures of Ruby Berlusconi have become in the last year canvas soft porn comedy “bunga Bunga Presidente”.
“The Government of geeks” in the handful of

In these circumstances Berlusconi was doing everything possible to not particularly conspicuous. From 12 November 2011, when his resignation from the post of Prime Minister, almost vanished from politics and the media. Face of his People of Freedom party (PDL) is today Angelino Alfano general secretary and parliamentary battles were replaced him most loyal Praetorians: Fabrizio Cicchitto and Maurizio Gasparri, the heads of the parliamentary PDL clubs in the Chamber of Deputies and the Senate. Berlusconi told the media rarely gives now. And if anything, are a generally balanced opinions, completely devoid of emotion, aggression, and even color language.

More at

Peter Kowalczuk of Rzymu26 June 2012
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The bunga-bunga the Italian government overthrow?
Asleep Knight and Sercokradka

Enlarge
Asleep Knight, the Minister Silvio Berlusconi.
Enlarge
Karima El MAHRUG, aka Ruby Sercokradka.
Read also
Italian businessmen suicide crisis
Crisis in Italy collects gruesome reap: already 38 Italian businessmen took their own lives on …

Prime Minister Monti of Italy and the world hope
Mario Monti ruled by Italy only since mid-November, and already hailed as man of the …

Berlusconi era is coming to an end
Among the sex scandals and the euro zone crisis is coming to an end the era of Silvio Berlusconi. But …

On the other hand, what is important to say Berlusconi had this year, may be summarized briefly: there will be a candidate for prime minister, did not think about the presidency, he sees his role more as an adviser to Secretary of Alfano. The increasing appeals own center-right party and environments to overturn expert Monti government and lead to early elections, Berlusconi corresponded thus far, it would be a step reckless and harmful to the country. It was only last week in an interview with the “Wall Street Journal” sharply criticized Monti’s austerity policy, and threatened that it could shatter at any moment.

“The Government of geeks,” as the Italians say Monti’s office, keeps alive an unlikely coalition of two deadly warring parties: Berlusconi’s PDL and the center-left Democratic Party (PD). Both parties, voting in parliament for the draconian savings, budget cuts and increased taxes, betrayed a large part of his electorate Zelazny: PDL – harassed by the police duty taxes and entrepreneurs, and PD – powerful trade unions, and so mainly large-scale workers, the public sector and pensioners .

Berlusonisci without Berlusconi

Berlusconi tries przepoczwarzyc husband in a reasonable condition, dove of peace and a man of dialogue who sacrifice everything for the good of the country and countrymen. In mid-June for the first time he went through the throat unusual phrase: “our przyjeciele of PD.” Most Italian commentators think it’s a desperate attempt to save your own image, but also attracting all moderate to collapsing Freedom House – Berlusconi’s party won the elections in 2008, receiving 37 percent. votes, and today can barely count for 17 percent. of support.

However, according to recent polls, mute and courtship Berlusconi is not much to have passed. Only 22 percent. respondents declared that would take into account at all vote for his party, and more than 70 percent. said Berlusconi deterring them. On the one hand so amorphous wodzowska decays party without a leader, on the other hand, I can download a leader at her even greater disaster at the polls. Fully aware of this affair hosts the popular website Berlusconi funclub, where it is seen that “Berlusconi does not need to be berlusconista”. You can see, even the most loyal fans are getting ready to part with his idol

More at

Sultan Taramov

Friday, 08 July 2011 07:06

Divided, though common – European Union migration policy on illegal immigration

Catherine Araczewska
Comment

Visible at EU level no idea the solution of the problem of illegal immigration is a growing challenge for governments of Member States of the European Union. The issue of migration, including also the problem of illegal immigration and the possibility of reintroduction of controls in the Schengen area was first proposed by France and Italy, were one of the main topics on the agenda of the European Council last summit, which took place on 23-24 June 2011 in Brussels.

Weakness common EU migration policy confirms the judgment of the Court of Justice of the European Union, the Italian anti-immigration law. According to the judgment of the Court of 28 April 2011 (C 61/11) national legislation providing for punishment of imprisonment for staying illegally in the territory of the Member State of a third country national who does not comply with the order to leave the territory of the country, it is not compatible with the so-called. Directive on the return.

In the case against Hassan El Dridi, an illegal immigrant from a third country, sentenced to years of imprisonment penalty for not complying with an order to leave the territory of Italy, the Court assessed the criminal sanction, as laid down in the Italian legislation, it can threaten the achievement of the objective of the Directive conducting effective policy on removal from the territory and repatriation of respect for fundamental rights.

Judgment of the Court is a powerful, though certainly not unexpected, blow to the Italian authorities recently struggling with increased influx of illegal immigrants mainly from the North-African countries. The decision clearly defines the boundaries of internal control aimed at illegal immigrants and reminds states of the obligation to comply with the EU’s solutions, even if the inner field, they are rated as ineffective.

The Return Directive – Directive of the European Parliament and the EU Council of 16 December 2008 (2008/115/EC) – Based on the principle of proportionality to the means and the desired objectives, it is the most important piece of legislation is currently pursuing a common EU migration policy of the illegal immigrants. It regulates however, only ad hoc measures, leaving quite a large scope to the assessment of the Member States which are coping with a difficult situation in the Mediterranean basin, may not always act in a manner consistent with the principle of proportionality.

The case of Italian clearly testifies that the current EU regulations do not provide sufficient funds for the long-term solution of this issue, and short-term solutions do not correspond to the real needs of vulnerable states on the influx of illegal immigration, burdening them in terms of financial and organizational.

Impossible agreement
At EU level, however, can be noted a reluctance to debate on illegal immigration, due to the uneven severity of the problem. When it comes to attitudes towards immigrants, not just illegal, European countries can observe two opposite tendencies. On the one hand, the influx of citizens of third states is treated as a prescription for aging Europe, which will soon run out of the labor force, on the other hand are fueled xenophobic sentiments, tonic electorate pushing right-wing parties and consideration of other inner problems, primarily economic.

Consensus aimed to address the problem of long-term influx of illegal third country nationals, which would allow to establish common goals of migration policy acceptable to all EU members, not yet seen. Member states at the EU level are consistent only in the short-term solutions such as those already provided for in the Directive, to improve the protection of external borders and strengthening cooperation with third countries, leaving the broader issue regulations to national law.

Consequence of the lack of solidarity with the countries significantly affected by illegal immigration, and effective migration policy are becoming more and more radical steps taken by the authorities of those states. On the one hand, a meet with national obostrzaniem anti-immigration legislation, on the other hand more often hear of the need to introduce fundamental changes in the way the EU works.

Height of desperation of the Member States
Italy captivated illegal immigration into the framework of criminal law behind it foresaw a penalty fine of 5 to 10 thousand euros or imprisonment for up to 4 years, which turned out to be in conflict with EU law.

The situation in Greece, as much affected by this issue, it is also difficult. Greek law treats illegal entry as a crime, which actually automatically exaggerating the forced detention pending a decision on deportation or asylum. Meanwhile, according to a report drawn up in January 2011 by the Agency for Fundamental Rights of the European Union, the conditions in the detention centers of the Greek part can be described only as “inhuman”.

The French measures to combat immigration was loud last year in connection with the liquidation of a number of Roma camps and collective deportations of Roma to Romania and Bulgaria, although they were not nationals of third countries.

In view of the ineffectiveness of the measures taken at the national level in recent months, primarily from France and Italy, there are voices of the need to revise the Schengen Pact. Although a departure from the fundamental to the functioning of the current form of the Schengen Agreement does not seem real, you should note that there have been already provided for by EU law cases of the suspension, in part due to political Be sporting events, such as the European Council, but also in connection with the excessive influx of illegal immigrants.

In April, it was the closing loudly by France in Ventimiglia border crossing for trains coming from northern Italy and carrying the Tunisian immigrants. France excuse the necessity EU law provided for the protection of public order, however, the operation of Paris was in fact directed against immigrants who have obtained permission from the Italian authorities for a temporary stay, allowing them to move freely within the territory of the whole of the EU.

Such action should be assessed as contrary to the Convention implementing the Schengen Agreement and accepting the key to the EU principle of free movement of persons. On the other hand, the mass granting of temporary residence permits from the nieradzacych is the outer boundary of the protection of Italy to implement a policy that could be called “policy kukulczego eggs”, which main objective is to transfer part of the problem of the effects on other Member States.

“Illegal” element of political marketing
In addition, the issue of illegal immigration in many countries, acts as a substitute specific topic. During the run up to local elections, which were held in Italy at the end of May, this issue was considered by the ruling center-right coalition of Silvio Berlusconi as a bogey, having an unhappy voices attract nationalists. However, the center-right defeat may be the first signal of this, the policies and solutions Berlusconi government espoused by the society are not considered to be an Italian was right to fight against immigrants.

In a similar situation to Italy is located France, where President Nicolas Sarkozy also uses anti-immigration actions as part of the election campaign before the presidential elections that will take place in 2012. Sarkozy’s proposed amendment to the French law on immigration, which helps deportations of illegal immigrants and providing for the answer already given French nationality for attacking a police officer, a narrow majority in the Senate just disappeared.

It is difficult to assess how attitudes authorities tightening the countries affected by a wave of illegal immigration is an action calculated to attract the electorate, and to what extent the implementation of effective state policy. However, the lack of a common migration policy divides Member States to cooperate instead of turning against each other.

Dodge EU
The observed current lack of solidarity is caused by fear of the consequences of the economic and social related to the influx of the territory of the EU wave of immigrants who should at least ensure health care and social and legal assistance, and perhaps pespektywie wider access to labor markets and education, which for Europe Struggling with a crisis is a challenge.

Expectation that the problem of illegal entry of third country will be solved unilaterally by the countries to which it refers, is unreasonable, if only because of the limited resources available to them. Sooner or later the effects of the measures taken by the state, such as Italy and France reach the other members of the EU, which would force unions to reach a common position. Based on observable demographic growth trends in Africa, leaving no illusions as to the eventual decline of migratory pressures, we can say that it will be sooner rather than later.

The current actions of EU institutions in the field of illegal immigration often have only a negative character and rely on the indication, which should eliminate the national action as incompatible with EU policy line. Meanwhile, the EU needs effective solutions are positive, not only of a preventive nature, over which the Member States debated the last Council meeting.

In the absence of the agreement of all 27 states does not seem to have produced the next few months some concrete decisions on migration policy. At the June European Council, in addition to the call for greater cooperation and solidarity, it was suggested, although the introduction of a special mechanism to meet outgoing “extraordinary circumstances”, presenting a risk to the overall functioning of Schengen cooperation, it was explained, however, how this particular mechanism would operate without infringing the principle of the free movement of persons.

The Conclusions of the Council is also talking about a possible inclusion in the Schengen Pact safeguard clause, giving the unique introduction of internal border controls in critical situations where a Member State will not be able to perform its obligations under the Schengen rules. How, in practice, such a provision would be implemented, no one knows.

Task to comment on the matter was left to the European Commission. However, even in the unlikely case of achieving consensus among Member States on any changes proposed by the Commission would have to agree also skeptical on the matter set the European Parliament.

Potential solutions
Instead of a debate on the possible revision of the Schengen agreement, more productive development could prove to be an effective aid plan for North Africa, aimed at improving the conditions of life and respect for the law, which in the long run would reduce the waves of illegal immigration. For such a plan turned out to be effective, however, it would be necessary to establish clear rules for spending the money coming from the EU and effective control mechanisms. Proposed by the Council to initiate a dialogue on migration, mobility and security with the partner is only a small step in this direction.

Unmistakable action for a common migration policy codifying the practice of individual states, it would lead to the end of the ongoing work on a common European asylum system, which, according to the plan of the European Commission, may take place in 2012. Currently, the level of treatment of asylum seekers and guarantees granted to them varies widely across the EU, and the chances of obtaining protection are different depending on which Member State shall consider the request.

With regards to ad hoc solutions to relieve pressure on states such as Italy and France, it would be desirable implementation of the program aimed at jointly and severally liable for the separation of illegal immigrants among all Member States. The role of individual countries could rely on the physical part of the acceptance of immigrants (regardless of whether they granted them the right to stay, and also would go into their expulsion) or financial support for the countries that own means of coping with illegal immigration. It is, however, the demand to the extent uncomfortable that there was not even on the agenda for the European Council.

The issue of migration policy is also important from the point of view of Polish, which, together with the beginning of the month began a period of presidency. Unresolved issues shall come because of its head, a previously applied policy of empty declarations and evasion of responsibility may not be enough. Would benefit if the Polish government was prepared for a constructive debate on the practical solution of the problem of illegal immigration in Europe and the clear desire for any of the positions.