The European Commission announces ambitious new proposals on mobility of persons in its communication entitled ‘A partnership for democracy and shared prosperity with the Southern Mediterranean’, published jointly with the Union’s high representative. The question is whether member states will be on the same wavelength.

The idea is not new. The general approach to immigration, endorsed officially by the European Council in 2005, already proposed to integrate three dimensions: legal immigration (including the organisation of mobility partnerships), the fight against illegal immigration, and to a lesser extent synergy between development and immigration.

So far, however, there is no escaping the fact that the EU has not really struck a balance in these three aspects in its relations with the Mediterranean countries. It has undeniably neglected the question of the movement of persons. The negotiation of readmission agreements (a third country agrees to readmit illegal immigrants) is a perfect illustration. Whereas the Union considered it relevant with its Eastern neighbours to make this type of agreement, which is in its interests alone, conditional de facto on visa agreements in the interests of third countries (Ukraine, Moldova and Georgia), no such arrangements have been made for the Mediterranean partners. This partly explains why the negotiation of a readmission agreement between Morocco and the EU, launched in 2003, is in a stalemate.

MOBILITY

The Commission consequently intends to tackle this challenge by proposing first to consider the conclusion of visa agreements with Mediterranean countries, “particularly for students, researchers and business persons,” reads the communication. Apart from introducing easier visa formalities, the text proposes the issuing of multiple entry visas. Also for the first time, “gradual steps towards visa liberalisation for individual partner countries could be considered on a case-by-case basis” and based on different conditions.

“Mobility partnerships should be launched with partner countries,” states the communication. Such partnerships would aim to provide a framework for the admission of third-country nationals into the European Union for a given period.

The Commission also urges the Council and Parliament to adopt two directives. Proposed in 2010 but tabled back in 2005, one concerns conditions for entry and residence of third-country seasonal workers in the EU ⁽¹⁾ and the other entry and residence conditions for third-country intra-corporate transferees ⁽²⁾.

In terms of the counterpart the partner countries must be willing to offer, the Commission stresses the need for readmission agreements and enhanced cooperation with Mediterranean countries on border controls and with law enforcement authorities to fight illegal immigration and human trafficking.

POLITICAL COMMITMENT?

Since immigration policy is a member state responsibility and because the Commission must be mandated by the Council to negotiate readmission and especially visa liberalisation agreements, these developments will first require the expression of a strong political commitment by the 27.

For now, apart from the necessity of improving border controls and management, the member states have also highlighted the need to meet the mobility challenge through mobility partnerships with “all partners sufficiently advanced in their reform processes and cooperating in the fight against human trafficking and irregular immigration,” read the conclusions of the latest, 11 March, extraordinary European Council on Libya and the Mediterranean countries. They also invite the Commission to “make proposals to encourage exchanges between European and Southern Mediterranean youths”.

⁽¹⁾ COM(2010)379
⁽²⁾ COM(2010)378