EU: Ten year bans
01 September 1998
Following the publication of the "Veil Report" from the High Level Panel on free movement of persons in March 1997 the European Commission put forward a draft Convention on the "Rules for the admission of third country nationals to member states of the European Union" (see Statewatch, vol 7 no 6). The Commission proposal was considered by the Civil Liberties Committee of the European Parliament but its report was rejected by the parliament's plenary session in July 1997 and sent back for reconsideration. The "Veil Report" and the Commission's draft Convention while limited in key respects did at least acknowledge that resident foreigners in the EU have rights, and that those rights need to be consolidated and amplified. The draft Convention proposes that after five years' lawful residence foreigners should be granted formal recognition as long term residents, with the right to work, study, set up business and bring relatives. They would have some protection against expulsion and equal access to employment, training, housing, education, trade union and association rights as EU nationals. What the draft omitted was access to citizenship.
However, unknown to the European Parliament the incoming Austrian Presidency sent the Council's Migration Working Party (Admission) a series of controversial Council amendments in a report dated 15 June 1997.
The report, in a "rights and responsibilities" mode, seeks to redress the balance which "provides far-reaching benefits for those entitled and imposes extensive obligations on Member States". The Presidency is now proposing the insertion of three new sub-clauses. The first "Transfer" (Article 35a) says that third-country nationals recognised as long-term residents:
"may (despite being lawfully resident) be transferred at any time for reasons of public order and internal security to the Member State which previously recognised them as long-term residents (35a.1)2"
Under 35a.2 they can be "transferred" for "other reasons".
Article 35b says that third country nationals cannot derive any rights "acquired through acts of deception" (35b.1); people who "derive rights" from long term residents will "lose all rights" ("eg: marriages of convenience"); and people involved in "acts of deception" will be subject to imprisonment for up to 3 years (or 6 months - 5 years for commercial deception).
The most draconian, double-punishment, provisions are put forward in Article 35c. A person (and family) transferred, for reasons of "public order and internal security", to the Member State which granted them long term residence:
"shall have an entry ban of (at least) ten years imposed on them by the transferring Member State"
People (and families) "transferred" for "other reasons" face an entry ban of five years. People deprived of their "entitlements" through "acts of deception" (and anyone who derives rights from them) in addition to facing imprisonment:
"shall have an entry ban of (at least) ten years, effective in all Member States imposed on them"(35c.3)
The Presidency concludes that an additional Convention be drawn up "for expelling third-country nationals".
These proposals, if effected, would negate many of the positive aspects of the Commission proposal. They would create for those who offend against "public order or internal security" or for "other reasons" effective "Gulag states" where the person and their families would be confined and lose all rights of free movement within the EU - "internal exile" (like under the Colonels in Greece).
Supplementing the Convention on rules for the admission of third-country nationals to the Member States of the European Union, Presidency to Migration Working Party (Admission), 9584/98, Limité, ASIM 153 MIGR 3, 15.6.98.