Admission of third country nationals (EU)
01 January 1991
Admission of third country nationals (EU)
bacdoc july=1994
Ministerial meeting on 20 June 1994 in Luxembourg: Council of
Interior and Justice Ministers agreed:
RESOLUTION ON LIMITATIONS ON ADMISSION OF THIRD-COUNTRY NATIONALS
TO THE MEMBER STATES FOR EMPLOYMENT
A. GENERAL CONSIDERATIONS ON POLICY
(i) The Council recalls that, in the report adopted by
the European Council held in Maastricht in 1 99 1,
priority was given to the harmonization of policies
on admission for work as an employed or self-
employed person, although it was emphasized that
these policies should of necessity be restrictive.
(ii) The Council acknowledges the contribution of
migrant workers to the economic development of
their respective host countries. At present,
however, no Member State is pursuing an active
immigration policy. All States have, on the
contrary, curtailed the possibility of permanent
legal immigration for economic, social and thus
political reasons. Admission for temporary
employment may therefore be considered only as a
very narrow exception.
(iii) The Council recognizes that the present high levels
of unemployment in the Member States increase the
need to bring Community employment preference
properly into practice by making full use of the
EURES system to improve the transparency of the
labour markets and facilitate placement within the
European Community. The Council further recognizes
that the provisions of the EC Treaty and the EEA
Agreement enable job vacancies to be filled as far
as possible by nationals of other Member States or
of EFTA countries which are parties to the EEA
Agreement.
(iv) The Council agreed not to regulate via this
Resolution the issue of third-country nationals
lawfully resident on a permanent basis in the
territory of a Member State, but who have no right
of admission and residence in another Member State.
It agreed to examine the matter at a later date.
(v) Member States reserve the right to allow, in
accordance with their national law, the spouse and
dependent children to accompany persons admitted in
accordance with this Resolution.
(vi) In the light of these considerations, the Council
resolves that the present restrictive measures
should be continued and where necessary reinforced
as regards the admission of third-country nationals
for employment. To this end, the Council
agrees that the national policies of Member States
in respect of third-country nationals seeking
admission to or permission to remain in their
territories for employment should be governed by
the principles set out below, which may not be
relaxed by Member States in their national
legislation. It agrees to have regard to these
principles in any proposals for the revision of
national legislation. The
Member States will further endeavour to seek to
ensure by 1 January 1996 that national legislation
is in conformity with them. The principles are not
legally binding on the Member States, and do not
afford a ground for action by individual workers or
employers.
B. PERSONS TO WHOM THIS RESOLUTION DOES NOT APPLY