URGENT NEED FOR COMMON EUROPEAN LEGISLATION ON ILLEGAL MIGRATION

14/11/2007: Recognising that among the illegal migrants entering the EU, there is a percentage of minors whose future living conditions and education on European soil is neither guaranteed nor based on common standards, Marie Panayotopoulos-Cassiotou MEP asked the Vice-President of the European Commission the following question: "In the framework of the future strategy for the rights of the child, is it possible to plan a common European policy which will ensure decent living conditions and education to illegal minor immigrants who come to Europe, based on the obligation of the Member States to respect their international commitments?".

Responding to the MEP during the Strasbourg Plenary, the Vice-President of the European Commission, Franco Frattini, admitted that there is no legal base in the Treaties for the protection of the rights of women and children who enter the EU illegaly. The Commissioner underlined that all Member States have signed international treaties which provide for minimum common guidelines for the protection of all immigrants. According to the European Charter for Human Rights, European countries are bound to provide them with medical care and living resources. "Children however, because they are considered as illegals, have no possibility to attend school and are thus deprived of all the opportunities for a good start in life", admitted Commissioner Frattini and stressed that the Convention for the Rights of the Child imposes on host countries the obligation to take into account, in their decisions, the best interest of the child.

The Commissioner further referred to two pending Directive proposals, and in particular the one that deals with the return of migrants. This Directive foresees that when the Member States have obligations based on international human rights such as the right to education or the right to family reunification, then they shall not issue orders of expulsion. The second pending Directive refers to sanctions on employers who employ illegal immigrants in the EU. "Illegal labour affecting vulnerable social groups should be considered as the most serious offence and receive adequate sanctions", replied Commissioner Frattini to the second intervention of Marie Panayotopoulos-Cassiotou, who pointed out the difficulties in the implementation of international obligations since neighbouring countries, through which illegal immigrants enter the EU, do not comply with their obligations. As far as the treatment of minors is concerned, the MEP noted that the problem gets complicated when children become involved in an illegal working relation and mentioned the case of a 14 year-old trafficker who was arrested in Chios.

For further information:
Tel: +32-2-2847447, Fax: +32-2-2849447
E-mail: marie.panayotopoulos-cassiotou@europarl.europa.eu