EC: resolution on expulsion of `illegals'
01 January 1991
EC: resolution on expulsion of `illegals'
actdoc September=1993
AD HOC GROUP IMMIGRATION
Brussels, 25 May 1993
[SN 3017/93 WGI 1516]
CONFIDENTIAL
Subject: Draft Recommendation concerning checks on and
expulsion of third country-nationals residing or
working without authorization. (previous doc. : WGI
1418)
The ad hoc Group on immigration submits to the Ministers
responsible for Immigration, for approval at their meeting on 1/2
June 1993, the following text of the above mentioned
recommendation.
RECOMMENDATION
concerning checks on and expulsion of
third country nationals residing or
working without authorization
MINISTERS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES,
RESPONSIBLE FOR IMMIGRATION
HAVING REGARD to the high priority given to promoting a common
approach to the question of illegal immigration adopted by the
ministers responsible for Immigration and by the European Council
at Maastricht ;
HAVING REGARD to the need to reinforce common endeavours to
combat illegal immigration reiterated by the European Council at
Edinburgh ;
HAVING REGARD to the fact that this objective presupposes the
improvement of means for checking and expelling third-country
nationals who are in an irregular situation ;
HAVING REGARD to the recommendation regarding practices followed
by Member States on expulsion adopted by Immigration ministers
in London [see doc WGI 1266].
NOTING that it is fundamental to expulsion practices that there
should also be effective means of identifying and apprehending
those to be expelled ;
NOTING that the implementation of the measures outlined in this
recommendation will need to take account of the nature and extent
of illegal immigration to be combatted in particular Member
States;
STRESSING that, in the light of the recommendation adopted at the
Ministerial Conference held in Budapest on the implementation of
measures to deal with uncontrolled migration, measures should be
taken to combat the employment of those known to have entered or
remained illegally or those whose immigration status does not
allow them to work ;
NOTING that this recommendation is without prejudice to Community
law and also takes into account other relevant international
instruments including the 1950 Convention for the protection of
human rights and fundamental freedoms, the 1951 Geneva Convention
relating to the status of refugees and 1967 New York Protocol ;
NOTING in particular that this recommendation excludes from its
scope:
- nationals of some EFTA countries who will have rights of
free movement when the Agreement on the European Economic
Area comes into force ;
- family members of nationals of Member States and of some
EFTA countries entering or residing in the territories of
Member States in accordance with Community law and the EEA
Agreement ;
NOTING that checks and controls on the residence and employment
of third country nationals shall be decided upon and carried out
by those authorities which are empowered to do so under national
legislation,
ADOPTED THE FOLLOWING RECOMMENDATION
1. Measures should be taken with a view to ensuring that
third-country nationals do not remain beyond the period for which
they have been admitted or given permission to remain and that
they do not work without authority to do so.
The general rule should be that persons not entitled to free
movement in conformity with Community legislation and found
(i) to have entered or remained unlawfully in Member
States (where their stay has not been
regularized) ;
(ii) to be liable to expulsion on grounds of public
policy or national security ; or
(iii) to have failed definitively in an application for
asylum and to have no other claim to remain,
should be expelled, unless there<