European Business Law - Essay Example

Order 508337 Topic: European Business Law -Immigration The word illegal has no constitutional sanctity in any country, and as such immigration needs to be as per rules and regulations framed by the country taking into consideration its overall interests. European Union was established for the welfare of the member countries. The standard of living of the people varies between them. This is the important difference to strike the correct balance for the many problems that confront the EU. Immigration is one such volatile issue. A rich country may have a poor country as its neighbor, like Mexico and USA. The border turns a problematic area and illegal immigration thrives. The issues related to immigrants are an unfinished business at present and it is doubtful whether they will be finished at all. European Union is colliding with realities related to poverty and unemployment and those in dire straits to eke out a living, wish to immigrate to countries that promise them hope. Many countries are spending too much on patrolling the sensitive borders to check illegal immigration and that turns out to the burden on the tax payer of the host country. The present border policy of the European Union has not produced the desired results and has failed to achieve the avowed objective—to stop illegal immigration. One of the agreed clauses related to immigration reads thus: “All Member States of the European Union (EU) are affected by the flow of international migration. They have agreed to develop a common immigration policy at EU level. The European Commission has made proposals for developing this policy, most of which have now become EU legislation. The main objective is to better management of migration flows by a coordinated approach which takes into account the economic and demographic situation of the EU.”(EU immigration….) Immigration is a major problem with the member countries of the European Union. Asylum-seekers have complicated the issue further. Smuggling and trafficking networks have sprung up. People wish to immigrate, by legal or illegal means to seek better prospectus and lifestyles. This has necessitated the creation of special task forces. On the other hand certain countries need migrants and it has turned out to be their economic and demographic necessity. If cone country discriminates against the citizen of another country, the noble intentions behind establishing the European Union are nullified. So, a pragmatic approach to manage migration was necessary. A document was framed by the representatives of the EU in October 1999 European Council at Tampere (Finland) and was later ratified in 2004 with the adoption of the document, known as the Hague programme. It detailed the objectives for strengthening security and justice in the European Union initially for the period 2005-2010. When the countries have united under a common banner of the European Union, the status of even the illegal immigrant is liable to be That is to say, a comprehensive approach is needed so that the affected individual is treated in a fair and equitable manner. Equilibrium will have to be established as for the rights of the individuals and the security concern of the country. “The Commission adopted in September 2005 a Directive on common standards and procedures in Member States for returning illegally staying third-country nationals. The objective of this proposal is to provide for clear, transparent and fair common rules concerning return, removal, use of coercive measures, temporary custody and re-entry while taking into full account the respect for human rights and fundamental freedoms of the persons concerned.” (EU immigration….)Since then the discussion on the issues related to immigration has been continuing on an ongoing basis, with genuine concern to solve them and seek improvement. Illegal immigration, asylum and border control are linked issues. “In September 2005, the Commission adopted a new package of measures on immigration and asylum, comprising a proposed directive on common standards on return and three communications on integration, regional protection programmes and migration and development.” (Illegal….)Notwithstanding all the rules and regulations framed and implemented so far, illegal immigration continues to be a serious and vexed issue that has defied a total solution so far. As per European Union sources, half a million illegal immigrants enter the EU every year. The plan adopted in February 2002 addresses the grave issues relating to illegal immigration. Trafficking of human beings is being done by many illegal and the so-called employment providing agencies. To meet this challenge, the plan envisages initiatives on visa policy, border management, readmission and repatriation. Illegal immigration may be from non-EU countries as well. For example, the deteriorating political situation in Libya has resulted in acceleration of illegal immigration to Europe from North Africa. Such illegal immigrants have succeeded in finding a route to immigrate, through southern Italian island of Lampedusa. This island is located to the south of Sicily and east of Tunisia. It is coping up with a situation where about 5000 Arab migrants, most of Tunisians, have arrived by boat. The EU foreign ministers, as agreed to in a crisis talk in Belgium, have sent immigration experts to Lamedusa taking the assistance and advise of the naval support. This is one of the situations of crisis which the European often faces on one count or the other. Since October 1999, when the EU countries began to address the issue of immigration in all seriousness, discussions supported with legal documents has been through the evolving process, in the light of the experience gained and new problems faced. Helen Toner, et al. (2007, p.12) write “Irregular migration (although the EU institutions persist in using the pejorative term ‘illegal’ rather than irregular) has been the subject of intense Union activity, with a steady stream of policy papers and action plans.” Notwithstanding the brightest ideas articulated in the various discussions, papers and agreements by the EU, the ground realities are entirely different. What matters are not the great ideas, but how such ideas are implemented by the authorities of a particular state. The rules and regulations may be noble. But at the implementation level nobility of heart is required, and that is sadly lacking. The authors write “The treatment of migrants as criminals is most visible in Member States’ detention policy. There are some 200 places scattered all over the Union where third country nationals are detained while awaiting permission to enter (primarily those applying for asylum), or because they have been refused entry or are awaiting removal.”(Toner, et al.p.14) Dual nationality: Another rough area about immigration is integration. Not just tolerate other nationals, but accept them legally and with an open heart—this is the final solution to the problem. Serious differences of opinions and practices prevail within the member countries of European Union, which mirrors divisions related to dual nationality. Forget solution, time and again, serious ethnic conflicts occur and this issue has defied peace in many areas so far, and legislations have proved unequal to the task to achieve results. For example, in UK and France, this is a non-issue. Randall Hansen et al. (2001, p.8) write, “In Germany, it is a most important issue, dividing the political parties and the government between those who view it as wholly incompatible with loyalty to Germany, those who view it as a necessary evil if Germany is to integrate its large Turkish population and those who embrace it as the mark of a self-confident multicultural society.” Conclusion: The prime considerations for the formation of the European Union were the economic interests. It is but natural that the member country will never be willing to dilute its individual identity, rather make all efforts to strengthen it, while remaining within the Union. A Nation has many problems. The combined problems of the Nations are as well the problems of the European Union and the rules and regulations concerning immigration, legal as well as illegal, is important. The immigrant is a human being and the humanitarian angle to the issue must be taken into account while finding a permanent solution to it. ***** References Hansen, Randall (Editor), Weil, Patrick (Editor) Towards A European Nationality: Citizenship, Immigration and Nationality Law in the EU, Palgrave Macmillan, March 21, 2001. Toner, Helen (Author), Guild, Elspeth (Author), Baldacinni, Anneliese (Author), Whose Freedom, Security and Justice: EU Immigration and Asylum Law and Policy (Essays in European Law), Hart Publishing, June 4, 2007. EU immigration policy30 Jul 2010 ... Towards a common European Union immigration policy... Retrieved on March 16, 2011 Illegal immigration, asylum and border control | EurActivThe EU policy is to develop a common system for immigration and asylum and a single external border control strategy. Retrieved on March 16, 2011 Read More