Integration of Third Country Nationals in the EU Legal System: Law and Policy Interactions

Third Country Nationals in the EU Legal System:‘Integration’ as an Exception to Inclusion and Rights in Europe SPECIALIZED COURSE Migration and EU Law and Policy Academy of European Law, EUI 5, 6 and 7 July, Florence

SCOPE OF THE SPECIALISED COURSE How EU Law and Policy interact and engage with integration → The legal and policy landscape of integration at EU level - the nature and implications of Europeanization of this domain on liberty and security of individuals, rule of law and the discretion/sovereignty by EU Member States • Material Scope: Integration in immigration law (conditions for entry and residence) → the origins, functions and evolving approaches of “integration” in law and policy at Union level Area of Freedom, Security and Justice DG Home Affairs (Ministry of Interior Approach on migration, borders and identity) • Personal Scope: Legally residing Third Country Nationals

STRUCTURE • Integration and European Immigration Law • Integration and the European Union Framework on Integration • Integration of Third Country Nationals in the EU Legal System: Selected National Experiences and Implications of Europeanization

Integration and European Immigration Law • Integration of persons in the move at the core of European integration processes since the 1970s → key policy priorityin the common EU immigration policy and the EU’s AFSJ. • Officials discourses in EU legal and policy documents since the 70s → identifiable trends in relation to the normative understanding (functions / intended public goal) of integration in EU law and policy – Genealogy / Mapping • Is there an EU approach(es) on integration? The EU’s understandings on integration have changed substantially → especially during the last ten years of European integration processes (afterand before‘Europeanization’ of immigration policy since 1999)

1970s - 1980s: CommonFactors – soft policy: • Focus on ‘migrant workers’ (nationals of member states and their families) and nationals from third countries ‘legally admitted’ (e.g. Action Programme in favour of Migrant Workers and their Families, COM(74) 2250) - “equality of benefits and rights” – better coordination at Community level • Security of residence of ‘legally residing TCNs’ and social marginalisation and solidarity (e.g. Report on Policies on Immigration and the Social Integration of Migrants SEC(90) 1813 – ‘basic principles on integration’ • Principles of equal treatment and non-discrimination as ‘a consistent feature of “the Community approach” (e.g. Communication on Guidelines for a Community Policy on Migration COM(85)48) • Integration concerns ‘both sides’ – implicit references to the two way process tenet

The Maastricht Era (1992 – 1998): The soft policy and intergovernmental cooperation continued (‘The Third Pillar’ – Title VI ‘Cooperation in the fields of JHA’) – Common Factors: • Security of residence (e.g. Communication on Immigration and Asylum Policies COM(94) 23) and strengthening ‘legal position’ (EP, 95 Resolution on the COM – call for a ‘Community Programme’!) • The granting of rights to long-term residents and family reunion as a source of security and “effective integration factors” • The principles of equal treatment and non-discrimination continued “no less favourable treatment than nationals” • Explicit reference to the two way process principle as a key ingredient of any “comprehensive integration policy” (EESC Opinion on COM(94) 23).

The Amsterdam Treaty Phase (1999 - 2009): • Title IV of the EC Treaty (Visas, Asylum, Immigration and Other Policies related to the Free Movement of Persons) – Article 63 “conditions of entry and residence … including those for family reunion” and “defining the rights and conditions under which nationals of third countries who are legally resident in a Member State may reside in other Member State” – shared competence • The development of a common EU immigration policy key priority in the EU’s AFSJ and the Global Approach to Migration – First Multiannual Programme on the AFSJ – Tampere Programme (1999 - 2004) → Tampere Milestones: • Fair treatment Principle • Develop a “vigorous integration policy” granting legal TCNs rights and obligations comparable to EU citizens • Long-term residents – rights “as near as possible” to citizens

The Tampere Milestones difficult to materialise – The Commission has encountered several barriers to transform them into proper European law through the ordinary Treaty-based configurations and procedures – WHY?? • FIRST, outside the ‘European Union Method of Cooperation’ → unanimity rule in the Council and no role for the EP (consultation) – no QMV and co-decision (ordinary legislative procedure) • SECOND, Article 63.3 EC Treaty → not expressly mentioned ‘integration’ but rather ‘conditions of residence’ – struggle over the extent to which the EU had legal competence to legislate → Answer? Directives on ‘legal immigration’ including ‘integration-related provisions’ AND the adoption of the European Integration Fund???

Anachronistic relation between legal basis, political priorities and actual outputs of negotiations! Principle of Subsidiarity has prevailed → MS hesitant at times of transferring to the EU their sovereignty and discretion. HOWEVER • Since 2002 the Commission (with the support of other European actors) “alternative policy strategies” for policy convergence/Europeanisation through mechanisms different to the Community method of cooperation and European Immigration law – Increasing practice at EU level in various ‘migration-related’ domains (The Commission as coordinator) Dual legal and policy contextualisation on ‘integration’: 1. European Immigration Law (Legal Immigration) and 2. The EU Framework on Integration

DISTINCT FEATURES: • Different legal status and location within the common European immigration policy and the entire EU legal system. • The players and institutional and decision-making structures also differ (democratic accountability and judicial control) • Different tools, structures and patterns of European cooperation. • The discretion of the EU Member States is different – ‘soft policy’ vs. Ordinary secondary law • Both developed by DG JFS (now DG Home Affairs) and aim at being fully compatible with each other

Coming back to the Approach(es): COMMON TREND BOTH in European immigration Law and EU Framework on Integration - Shift of Paradigm/driving approaches on integration: • The classical EU approaches have been transformed –from security of residence, family reunification, access to economic and societal spheres, equal participation, fair treatment and non-discriminationfar from materialising and instead towards integration as an immigration rule and a derogative clause (exception) in hands of MS conditioning the access of TCNs to European rights and freedoms • Integration includes a ‘Civic Normative Dimension’: First is the use of integration as a norm in immigration law. Second is the organisation of integration courses or introductory/orientation programmes, tests and contracts.

These compel TCNs to demonstrate that they know, understand and respect the host society’s history and institutions, along with the ‘common shared values’ (and symbols) of the nation-state → strong cultural and identity connotations on the juridical framing of the phenomena of human mobility and diversity – assimilation/acculturation → NEW – before only in the context of nationality – condition for naturalisation → Degree of Integration = nationality / citizenship • Even if TCNs do not want to ‘naturalise’ the state will demand allegiance to a set of perceived values, customs and principles for the person to be ‘legal’ (legal resident) in accordance with national immigration law.

There is an internal and external dimension of ‘civic integration’ at EU and National Levels: • The internal Dimension- programme, course, test or contract applying to ‘newcomers’ and/or permanent residence applicants → condition for temporary and/or permanent residence permit - sanctions: refusal to grant permanent residence (non-renewal of a temporary residence permit) and potential expulsion from the country. 2. The External Dimension(Integration Abroad) - evaluation and a course at consular/diplomatic authorities of EU member states abroad about language and values → access to territory (VISA) and family reunification. Integration has become an additional legal criterion on the path towards legality and the entitlement to claim rights, security and protection in European Immigration Law and the EU Framework on Integration

European Immigration Law • Directive 2003/86 on the right to family reunification • Directive 2003/109 concerning the status of third country nationals who are long-term residents EU DIRECTIVES – EU acquis on ‘legal immigration’: • Legally binding upon the EU Member States to implement them on time and appropriately • A special kind of EU law? Minimum harmonisation leaving margin of appreciation and exceptions – ‘the result to be achieved’ (forms and methods) BUT obligation in relation to the common set of EU rights and guarantees • Infringement Proceedings and Preliminary Rulings by the Court of Justice and general principles of EU law • TCN could rely on them before national courts when an alleged unlawful interference by the MS to their European rights – direct effect ‘sufficiently clear and precise’

1. Directive 2003/86 on the right to family reunification • Minimum standards and criteria for TCNs ‘legally resident’ to be reunited with their family members → the first legally binding output after Amsterdam Treaty. • First proposal on 1 December 1999 and adopted on October 2003 (Greek Presidency) → Long negotiations (Unanimity Rule) - two more amended versions of the proposal by the Commission → May 2002 watered down version – lowering standards and rights: Introduction of several derogations, standstill clauses → after transposition those provisions will be reviewed (Green Paper this year and new amended proposal for 2011). → Entered into force on 3 October 2005.

→ IMPORTANCE of the Preamble → Recital 4 “Family reunification is a necessary way of making family life possible”. It helps to create socio-cultural stability facilitating the integration of TCNs in the MS, which also serves to promote economic and social cohesion”. Material Scope: • Article 1 → the conditions for the exercise of a right to family reunification by regularly residing TCNs: A European right? Personal Scope: • Sponsor holds a residence permit for a period of validity of at least one year and who has reasonable prospects of obtaining a right of permanent residence (Article 3).

FAMILY MEMBERS Article 4: • MS ‘shall’ (obligatory) allow entry and residence to: The ‘nuclear family’: • The sponsor’s spouse; and • Unmarried minor children of the sponsor and spouse (including children adopted or under custody). • MS ‘may’ (facultative) allow entry and residence to: • First degree relatives in direct ascending line when there is ‘dependency’ and do not enjoy proper family support in the country of origin. • Adult unmarried children not capable of providing their own needs on account of state of health • Unmarried partners – stable long-term relation or registered partnership.

THE RIGHTS • Express references and clearly defined rights without a margin of appreciation by MS → rights to the sponsor and family members. • Article 13: As soon as family reunification has been accepted, the MS will authorise the entry and grant the persons every facility for obtaining the visas, and grant them a residence permit of at least one year of validity and renewable. • Article 14: The sponsor’s family members will be entitled ‘in the same way as the sponsor’ to have access to education, employment and self-employment activities and vocational training. • Article 15: after five years of residence spouse and minor child entitled to an autonomous residence permit independent from the sponsor. • Article 18: to mount a legal challenge in cases of rejection or withdrawal

EXCEPTIONS: Integration Conditions/Measures • Article 4.1 …where a child is aged over 12 years and arrives independently from the rest of his/her family, the MS may, before authorising entry and residence, verify whether he or she meets a condition for integration provided for by its existing legislation on the date of implementation • Article 7.2 2. Member States may require third country nationals to comply with integration measures, in accordance with national law. With regard to the refugees and/or family members of refugees referred to in Article 12 the integration measures referred to in the first subparagraph may only be applied once the persons concerned have been granted family reunification.

2. The Directive on the Status of TCNs who are Long-Term Residents 2003/109 • Tradition in Europe to recognize the need to grant secure legal status to those regularly residing for long-period – link the length of residence with degree of rights/equality. • TCNs who are long-term residents no longer invisible→ The Directive recognizes an EU status of long-term resident to TCNs who have resided for five years in a MS in a regular status of stay, and a set of rights attached, including a right to move and reside to another MS. • ”The fair and near-equality paradigm” of 1999 Tampere Programme, and aims at granting to TCNs a legal status “as near as possible”to European citizens.

→ First Proposal by the Commission on 13 March 2001, and it was adopted by the Council on 25 November 2003 → watered down inside the Council (Unanimity Rule) → It entered into force 23 January 2006 (deadline for transposition). → Material Scope: the terms for conferring and withdrawing the long-term resident status and the rights linked to it, as well as the terms of residence in other MS from that granting the status (Article 1). → Personal Scope:MS shall grant the status of long-term resident to all those TCNs who have legally and continuously resided in the territory of a MS for a period of five years immediately prior to the submission of the relevant application.(Article 4)

THE RIGHTS: → Secured right of residence granting a legal status comparableto EU citizens; a reinforced protection against expulsion linked with effective legal redress mechanisms; ANDa right to move and reside to a MS different from the one granting the status and “near-equality” → Long-term resident’s EU residence permit → five-year validity and “it shall be, upon application if required, automatically renewable on expiry” (Art. 8). 1. “Near-Equal Treatment”(Art. 11) Areas:access to employment and self-employment, education and vocational training (including study grants), recognition of diplomas and other qualifications, social security, tax benefits, access to public goods and services (including housing), freedom of association and affiliation and free access to the entire territory

More EU rights and guarantees… 2. Article 10 covers the procedural safeguards that may be exercised against a decision rejecting the issue or withdrawal of the status. It states that “the person concerned shall have the right to mount a legal challenge in the member state concerned”. 3. Protectionagainst Expulsion→ Art. 12 obliges MS to expel a long-term resident only when s/he constitutes “an actual and sufficiently serious threat to public security and public policy”(no economic considerations) → Beforeremoval order the MS have to consider the following factors: The duration of residence, age, the consequences for the person and her/his family, as well as “the links with the country of residence or the absence of links with the country of origin”. → Judicial redress procedure and legal aid to those lacking resources

4. A right to move and reside in a second Member State different from the one which has granted the EC Status to the third country national (Chapter III of the Directive, Arts. 14-23) → freedom to move and reside for economic or educational purposes

CONDITIONS: Integration Conditions/Measures (derogative clause – exception to EU rights and freedoms) Article 5 “MS may require third-country nationals to comply with integration conditions, in accordance with national law”. → no definition of integration conditions! Article 15.3 “Member States may require TCNs to comply with integration measures in accordance with national law. This condition shall not apply where the TCN have been required to comply with integration conditions to be granted LTRs in accordance with Article 5.1. The persons concerned may be required to attend language courses” → A mutual recognition of the ‘civic integration’ dimension?

Original versions of Directives did not include reference to ‘integration’ – output of Council negotiations: FIRST, Article 4.1 Directive 2003/86 – Germany and Austria → “since the entry into the territory for family reunification up to the age of 18 would not allow full integration of the child the age threshold should be revised downwards”. It has not been implemented by one MS! Article 7 – “Integration Inside and Abroad” → Germany, Austria, Denmark and the Netherlands SECOND, Article 5 Directive 2003/109 – Germany, Austria and the Netherlands → doubts on ‘objective criteria’ by other Member States and Commission → Joint Suggestion (September 2002): integration programme as condition for long-term resident status → compatible with their nationals legislation or proposals Difference between MEASURES AND CONDITIONS???

What are ‘integration conditions’ and ‘measures’? There is no common agreed definition of what integration actually means – left to the national level – “indeterminate legal concept” • A group of powerful Members States succeeded in transferring to European Immigration Law their own national philosophies and policies (even proposals) on integration – aiming at allowing them to preserve the ‘last word’ and wider degree of discretion over the allocation of European rights and freedoms envisaged by the Directives. • To reinvigorate, justify or develop civic integration measures/conditions (inside and abroad) at national level at times of transposing European immigration law in their respective national legal systems. EU Law has given room to ‘nationalism’ and a restrictive immigration policy – Yet, are Member States as ‘free’ ?

3. Directive 2009/50 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment → The EU Blue Card - common fast-track procedure for admission and residence of more than three months of highly skilled workersand their family members, including the facilitation to move to a second MS (intra-EU mobility) AND granting them equal socio-economic rights → Background: Sectoral Approach on Labour Immigration at EU level → Connecting Factor:application by a TCN to be admitted for the purpose of highly qualified employment (Article 2.b) “the exercise of genuine and effective work for or under the direction of someone else for which a person is paid and has the adequate and specific competence as proven by higher education qualifications” (successful completion of a post-secondary higher education programme of at least three years)

EU Blue Card (reside and work), for one to four years and renewable for the duration of the work contract plus three months (Article 7). Article 7.4: EU Blue Card allows to enter, re-enter and stay in the territory of the issuing MS → Rights: 1. Labour Market Access:Article 12.1 - restricted to the exercise of paid employment activities meeting the conditions - After the first two years of legal residence, EU Blue Card holder may be granted ‘equal treatment’ with nationals access to highly qualified employment upon discretion of the Member State concerned. Equal Treatment in relation to nationals “at least”covering working conditions, freedom of association, affiliation and membership in workers’ organizations, education and vocational training, recognition of diplomas and professional qualifications, payment of acquired pensions when leaving, access to public goods and services, etc – Article 14

After 18 months of legal residence - a right to move to a second MS for highly qualified employment (intra-EU mobility) – Article 18 4. Family members will not be subject to the conditions of Directive 2003/86 → More favourable conditions - e.g. not dependent on prospect of permanent residence, facilitated administrative criteria and not integration abroad – Article 15.3: “…the integration conditions and measures may only be applied after the persons concerned have been granted family reunification” Discrimination??? → However the Directive does not preclude them from “maintaining or introducing integration conditions and measures, including language learning, for the members of the family of an EU Blue Card holder” (Recital 23 of Preamble).

CONDITIONS (Criteria for Admission) Article 5 1. A valid work contract, or a binding job offer, of at least one year 2. Valid travel document, valid residence permit and a sickness insurance 3. Not constituting a threat to public policy, public security; 4. Fulfil the conditions provided by national law to EU citizens for exercising the regulated profession 5. For those professions which are unregulated, present the documents proving the relevant higher professional qualifications 6. The gross monthly salary must not be inferior to a national salary threshold which shall be at least 1.5 times the average gross annual salary (Art. 5.3) → for ‘certain professions’ where there is ‘a need’ the salary level might be lowered to 1.2.

4. Proposal for Directive on a single procedure for a single permit for third-country nationals to reside and work in the territory of a MS and on a common set of rights for third-country workers legally residing in a MS COM(2007) 638 → A Dual Perspective: FIRST, a procedural approach arguing for the introduction of a single application procedure giving access to a single EU (residence-work) permit for the purpose of work. SECOND, a substantive approach advocating for a common framework of rights (minimum level playing field) to “third country workers”, being lawfully residing in a MS and not yet long-term resident “based on equal treatment” – Tampere Milestones! – addressing the ‘rights gap’? First legal measure under the ‘ordinary legislative procedure’

Article 4 establishes a “single application procedure “for applying to reside and work in the territory of a Member State of the EU” leading to one administrative act (combined single residence and work permit – uniform format) by the TCW or/and the employer and without prejudice of the visa procedure. • The premise that any TCN who is residing and working regularly in a MS should enjoy “at least the same common set of rights in the form of equal treatment with the nationals”, irrespective of the initial purpose of admission • The proposal would establish a nexus between the “near-equality of treatment” and “regular residence and work” → Personal Scope: It would cover TCNs seeking to reside and work in the territory of a MS, and TCNs workers regularly residing in a MS (admitted for purposes other than work) – Article 3.

→ THE RIGHTS:Article 11 → the following rights on the basis of the “EU single permit” of the “Third Country Worker”’: 1. Enter, re-enter and stay in the territory of the MS issuing the single permit; 2. Passage through other Member States in order to exercise the right in point 1; 3. Free access to the entire territory of the issuing Member State within the limits of national law ‘for reasons of security’; 4. Exercise the activities authorised under the single permit; and 5. Right of information about his/her own rights linked to the permit upon request (Article 9).

→ Procedural guarantees in Art. 8 → to give the TCN a written notification specifying the reasons of a possible rejection, refusal, modification, non-renewal, suspension or withdrawal of the single permit, and the redress procedures (open to a legal challenge). → Right to ‘quasi’-equal treatment in the following fields (Chapter III, Arts. 12 and 13): • Working Conditions (including pay, dismissal, health and safety at the workplace); • Freedom of association, affiliation and membership of an organization representing workers or employers; • Education and vocational training; • Recognition of diplomas, certificates and other professional qualifications; • Branches of Social security, etc

Conditions/Criteria • Article 8 - an application will be considered inadmissible on the grounds of volumes of admission of TCN • No right to change employer in the event that the contract is terminated for reasons independent of the employee’s will and what happens after the end of validity? • Article 12: MS might restrict ‘equality’ in relation to: • Appropriate language proficiency for having access to education and training. Access to university, post-secondary education and training subject to educational prerequisites (payment of tuition); • Study and maintenance grants and loans; • Working conditions, the freedom of association, affiliation and membership and tax benefits to those who are in employment; Compatibility with Recital 18 on ‘respect of fundamental rights’??? • “Branches of social security” to third-country workers who are in employment except of unemployment benefits.

2. Integration and the European Union Framework on Integration • Since 2002 the Union has developed the ‘EU Framework on Integration’ (European Agenda on Integration) → intergovernmental logic driving the emergence of an alternative policy framework of European cooperation fostering ‘policy convergence’ through means different from the EU method of cooperation. • Innovative multilevel setting of governance in the domain of integration of TCNs – non-coercive (enforceable) policy (coordination) tools, financial framework and diversified supranational networks of officials, ‘experts’ and ‘stakeholders’. • A similar transformation in the European approach(es) on integration than in European immigration law

The Background Context: • Commission Communication an Open Method of Coordination for the Community Immigration Policy COM(2001) 387 of July 2001 → “while the MS remain responsible for developing and implementing integration policy” the OMC would be complementary to the enactment of the ordinary legislative frameworkand EC law → coordinating method and exchange of information, evaluation. • The Commission would put forward initiatives for “European guidelines, ensuring coordination of national policies, exchange of best practice and evaluation of the impact of the Community policy” → harmonisation and progressive policy convergence of national policies“by other means”

Multi-annual Guidelines and timetables/general principles by Council → National Action Plans (NAPs) by MS (General info plus actions at different governance levels for implementing the principles → Annual Peer Review/Evaluation→ The Commission would prepare Annual Reports (common problems and fields where ‘European solutions’ are needed). • Among the various fields → Guideline 6 “Ensuring the development of Integration Policies for Third Country Nationals residing Legally on the Territories of the Member States” • The MS were not prepared to get into the coordination of immigration policies especially those related to “the management of migration flows” and “admission of economic migrants” → The Communication was never discussed inside the Council!!

Justice and Home Affairs Council14/15 October 2002 – first official call for developing a common EU Framework on Integration - promotion of the exchange of information of national experiences and policies (leading to “best practices”)AND establishment of national contact points in the Member States to foster cooperation at EU level → The official ‘green light’ for the Commission to start building the EU Framework on Integration First Outcome: The National Contact Points on Integration (NCPI) → transnational network of national ‘experts’ from national ministries (most of them Ministries of Interior and ‘the like’) – first meeting in March 2003 (in coordination with DG JLS) and since them their tasks have become consolidated in ‘the exchange of information’ and the elaboration of main ‘policy tools’ (it includes UK, Ireland and Denmark!)

Commission Communicationon Immigration, Integration and Employment, COM(2003)336 June 2003 “more coherent European framework for integration” which would reinforce “policy coordination” →The European Council at Thessaloniki of June 2003confirmed need to develop a set of “common basic principles for integration of immigrants” and “annual reports on migration and integration” • THE HAGUE PROGRAMME November 2004 → integration one of the most relevant policy areas → It called for “more coordination” and the establishment of “common basic principles underlying a coherent framework on integration”. DUTCH Presidency! ↓ JHA Council Conclusions 19 November 2004 → adoption of the “Common Basic Principles for Immigrant Integration Policy” (CBPs), first decisive move toward a common EU Framework on Integration: “what integration means at EU level”??

CBPsprimarily intended “to assist MS in formulating integration policies by offering them a simple non-binding but thoughtful guide of basic principles against which they can judge and asses their own policies” GOAL: Synthesis and compilation of the main conceptualizations and functions that “integration” has played in the European responses since the mid 80s → Yet, there were other principles being included which are NEW – which ones? Integration is framed as follows: CBP1: The two-way process tenet as the umbrella. Responsibilities: Immigrants (CBP2, 4.1, 5 and 8.2) Receiving Society (CBP 4.2.) Rights (CBP3, CBP5, CBP6 and CBP 8.1.) 42

THE 11 CBPS: Integration is a dynamic, two-way process of mutual accommodation by all immigrants and residents of Member States Integration implies respect for the basic values of the EU** Employment is a key part of the integration process and is central to the participation of immigrants. 1. Basic knowledge of the host society’s language, history and institutions is indispensable for integration**; 2. enabling immigrants to acquire this basic knowledge is essential to successful integration. 5. Efforts in education are critical to preparing immigrants, and particularly their descendants. 43

Access to institutions, as well as to public and private goods and services, on a basis equal and in a non-discriminatory way Frequent interaction between immigrants and citizens is a fundamental mechanism for integration. 1. The practice of diverse cultures and religions is guaranteed under the Charter of Fundamental Rights and must be safeguarded, 2. unless practices conflict with other inviolable European rights or national law The participation of immigrants in the democratic process and in the formulation of integration policies and measures, specially at the local level (political participation) Mainstreaming integration policies in all relevant policy portfolios and levels of government and Developing indicators and evaluation mechanisms*** 44

→ Which/what ‘values’? The Annex to the JHA Council Conclusions of November 2004 stated that the Council understand that CBP2 involves the obligation by “every resident of the Union” to adhere and adapt closely to “the basic values of the Union” and “the laws of the Member States” – the following values were mentioned: “principles of liberty, democracy, respect for human rights and fundamental freedoms, the rule of law, and the respect of the Charter of Fundamental Rights” As regards “integration programmes”, the Council underlined that they “will allow immigrants…to start the longer-term process of normative adaptation to the new society” • The Spanish Proposal for a 12th CBP on an express reference to the support for the maintenance of the languages and cultures of origin of TCNs – It was not taken on board!

CBPs→ Consolidation soft policy approach in EU policy on the integration of immigrants → Too broad list allowing for any national policy → CPB2 and 4.1same focus as “integration conditions/measures” (inside and abroad) in European Immigration law!! Commission Communication, A Common Agenda for Integration, COM(2005) 389, September 2005 to put the CBPs into practice - proposals for the national and European level: CBP2: civic integration (orientation) programmes (TCNs understand, respect and benefit from common European and national values) CP4.1: strengthening integration component of admission measures → pre-departure measures (language and civic orientation courses in country of origin – integration abroad) AND organising introductory programmes for ‘newly arrived’ to acquire basic knowledge about language, history, institutions, socioeconomic features, cultural life and fundamental values 46

Council Decision 2007/435 European Fund for the Integration of Third Country Nationals (EIF) June 2007 → 825 million Euros→ matching policy ambitions with concrete actions at national and EU level. • It ‘co-finances’ actions supporting integration of TCNs “who are newly arrived”- DG JFS adopts Strategic Guidelines establishing a framework of intervention giving priorities to CBPs implementation. • EIF objectives - Article 3: First, to facilitate the development and implementation of “admission procedures” relevant to and supportive of integration; Second, to develop the integration of “newly-arrived third country nationals” in the MS; Third, increasing MS’ capacity to develop, implement, monitor and evaluate policies on integration; and Fourth, exchange of information, best practices and MS cooperation.

Personal Scope: “newcomers”, long-term residents and according to Article 1.2, non-nationals who are in a third country and who are complying with “pre-departure measures and/or conditions set out in national law, including those relating to the ability to integrate in the society of this Member State fall under the scope of this Decision”. Article 4.1.c on ‘Eligible Actions in the Member States’ states that 1. The Fund shall support actions in Member States which: “prepare third-country nationals for their integration into host society in a better way by supporting pre-travel measures which enable them to acquire knowledge and skills necessary for their integration, such as vocational training, information packages, comprehensive civic orientation courses and language tuition in the country of origin.”

Third Annual Report on Migration and Integration COM(2007) 51211 September 2007 concluded that FIRST, “the Common Agenda provides supportive EU mechanisms to facilitate this process developing a distinctive European approach to integration through cooperation and exchange of good practice”. SECOND, ‘trends’: On the one hand, most of the concepts present in EU Member States national policies are codified in the CBPs, and on the other, impact of the CBPs at national level (expressly included in some national programmes, e.g. Spain) THIRD, European Modules for Migrant Integration (EMMI) “based on existing good practice to develop guidelines on various aspects of the integration process (introductory courses, promoting participation of immigrants and other citizens in local life, etc)”.

German Presidency of the EU (first half of 2007) → JHA Council Conclusions on “Strengthening Integration Policies in the EU by promoting Unity in Diversity”, 12/13 June 2007 → TCNs aiming at staying permanently “…should make a deliberate effort to integrate, in particular learning the language of their host society, and understanding the values of the EU”. The Council confirmed the need to develop EMMI and to promote the use of indicators and indexes for ‘comparative learning’. • “Intercultural Dialogue” “to fostering the successful integration of citizensof different origin, culture and religion in Europe” → The conclusions called Member States to start a “regular exchange of experiences and practices” (two expert meetings in 2007/2008) and to establish a “flexible procedure capable of reacting to intercultural problems or conflicts with a potential cross-border dimension”. → One meeting of the NCPI to deal with this topic and they to become “first call – contact points” in the EU Member States

Integration of Third Country Nationals in the EU Legal System: Law and Policy Interactions