Inclusion of non-EU nationals on municipal population registers and Returns Directive
MEP Ramon Tremosa i Balcells (ALDE) raised the question of the conditions under which non-EU nationals not holding the relevant visa for residence on EU territory may be included on its population register. In Spain, registration with the local authorities, a procedure known as “empadronamiento”, enables irregular migrants to access namely free health care. The European Commission warned the Spanish government that the practice of registering irregular migrants goes against European Law (2008/115/EC), according to which an irregular migrant, once identified, must be returned or regularized. The Spanish Interior minister replied to the EC, saying that the fight against irregular migration at the border is different from the fight against irregular migration inside the borders, adding that human rights have to be respected no matter what the status of the person is.
Sources:
Written question by Ramon Tremosa i Balcells (ALDE) to the Commission
Answer given by Ms Malmström on behalf of the Commission
Spanish Interior minister: «Los derechos de las personas se respetan, sean ilegales o no»
DG Justice, Liberty and Security to split
The European Commission Directorate General for Justice, Freedom and Security (DG JLS) will split in two: one new DG (Justice) will be responsible for civil and criminal justice, fundamental rights and citizenship (with Viviane Reding as Commissioner). The other DG (Home Affairs) will deal with asylum, migration, borders and security (with Cecilia Malmström as Commissioner). The partition aims to better reflect governmental structures in the Member States, where internal affairs and justice are often split between two ministries. The EU Council and the EU Parliament are not revising their organisational structure in this area.
Sources:
- EU Commission, ‘Commission creates two new Directorates General and reshuffles Senior Managers’
- OCMC, ‘Task division between Malmström – Reding’
Action plan on unaccompanied children
The European Commission unveiled an action plan aimed at increasing the protection of unaccompanied children entering the EU. Presenting the plan Cecilia Malmström, the EU Home Affairs Commissioner, called for “immediate action to look after unaccompanied minors, who are the most exposed and vulnerable victims of migration”. She further stressed that: “This Action Plan aims at setting up a common and coordinated approach to meet a challenge that is to increase over the coming years. It is paramount that all Member States commit to grant high standards of reception, protection and integration for unaccompanied minors.” The plan states that the best interest of the child should be mainstreamed in all relevant policies and that children should be treated as children first and foremost regardless of their nationality or legal status.
During a JHA Council on 3 June, the Council adopted conclusions on unaccompanied minors, stressing the importance of a global approach, which respects the EU Charter of Fundamental Rights and the UN Convention on the Rights of the Child. The Council has agreed to invite the Commission to assess whether the EU legislation on unaccompanied minors offers them sufficient protection in order to ensure adequate standards on reception and procedural guarantees for all unaccompanied minors, regardless of whether they are asylum seekers, victims of trafficking or illegal migrants, to guarantee that minors are treated as such until proven otherwise.
Sources:
- Commission action plan on unaccompanied minors
- Council conclusions on unaccompanied minors
First annual report of the European Pact on Immigration and Asylum
In this first annual report, the Commission, assessing progress on illegal immigration, one of the five areas of the Pact, decided that, given large numbers of illegally staying migrants who cannot be removed, it will carry out a study on their treatment and examine the need for further harmonisation.
Sources:
- Commission ‘First Annual Report on Immigration and Asylum’
- ‘Council conclusions on the follow-up of the European Pact on Immigration and Asylum’