EU: combating illegal immigration
01 January 1991
EU: combating illegal immigration
actdoc March=1996
COUNCIL RECOMMENDATION
adopted on 22 December 1995
on harmonizing means of combating illegal immigration and illegal
employment and improving the relevant means of control
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular K.3 (2)
thereof,
Having regard to the initiative submitted by the French Republic on 22
December 1994,
Having regard to the recommendation of the Ministers of the Member States
of the European Communities with responsibility for immigration of I June
1993 concerning checks on, and expulsion of, third-country nationals
residing or working without authorization,
Having regard to the recommendation of the Ministers of the Member States
of the European Communities with responsibility for immigration of 30
November 1992 regarding practices followed by Member States on expulsion,
Whereas, pursuant to Article K. 1 (2) and (3) of the EC Treaty, policy
regarding nationals of third countries and in particular combating
unauthorized immigration, residence and work are matters of common
interest and therefore fall within the areas for cooperation between
Member States referred to in Title VI of the Treaty;
Whereas the Member States, faced with an increase in illegal immigration,
have already adopted specific measures to ensure better control of
population flows and to avoid the continued unlawful presence in their
territories of foreign nationals who have entered or are residing without
authorization;
Whereas, however, the efficiency of that action implies the implementation
of coordinated and consistent measures;
Whereas, although recommendations laying down guiding principles for
practice with regard to expulsion have already been adopted, that effort
at alignment needs to be reinforced by recommending Member States to
comply with a number of principles designed to ensure a better check on
the situation of foreign nationals present within their territories;
Whereas this recommendation is in keeping with Community legislation, the
Convention for the Protection of Human Rights and Fundamental Freedoms of
4 November 1950, and in particular Articles 3 and 14 thereof, and the
Geneva Convention of 28 July 1951 relating to the Status of Refugees, as
amended by the New York Protocol of 31 January 1967,
HEREBY RECOMMENDS Member States to harmonize further the means for
checking on foreign nationals to verify that they fulfil the conditions
laid down by the rules applicable to entry, residence and employment on
the basis of the following guidelines:
1.This recommendation does not extend to citizens of the European Union
or to nationals of EFTA member countries party to the Agreement on the
European Economic Area, or to members of their families entitled under
Community law.
2.Where an identity check is carried out on a foreigner in accordance
with national law, at least where a person appears to be residing in the
country unlawfully, his residence situation should be verified. This may
apply in particular in the following cases:
- identity checks in connection with the investigation or prosecution
of offences,
- identity checks to ward off threats to public order or security,
- identity checks in order to combat illegal entry or residence in
certain areas (e.g. frontier areas and ports, airports and railways
stations handling international traffic), without prejudice to border
controls.
3. Third-country nationals should be in a position, according to
national law, to present to the competent authorities confirmation, for
example by way of papers or documents by virtue of which they are so
authorized, of their authority to reside within the territory of the
Member State where they are.
4.Where national law regards the residence or employment situation as
a prerequisite for foreign nationals to qualify for benefits pro