Per la libertà di movimento, per i diritti di cittadinanza

Some news on EU laws

Non EU citizens looking for a subordinated or sel-employed employment entry and stay

EU Parliament passed the ticklish issue reguarding papers release in order to enter Europe for a temporary six months stay.
EU Parliament reached an agreement that allows the release of temporary permits to non EU citizens aiming to find an employment or to attend professional training.
A document, proposed by a Spanish relator, asks to change the parameters of a previous proposal which goal was to harmonize residence papers through out EU.
EU Parliament asked to “let all EU states/members free to release temporary permits, up to six months long, in order to look for a new job or training”.
Some time ago we underlined the choice, which Bossi-Fini law holds, to repeal the sponsor institution in Italy (to look for a job, which allowed to entry and work according to flows decrees quota).
We all well know that noone will employ a person he/she has never met before. We all weel know that employing from abroad authorizations concern people already living in Italy, who were lucky to find someone willing to apply such a risky and difficult procedure.

Choosing to repeal the sponsor goes against some recent EU proposals on regularizing looking for a job entries. From now on, each country will be entitled to enact its own laws and rule this kind of entry. Migrant workers will have the chance to turn their temporary papers, once a job is found, into renewable ones, without having to leave the country they’re actually living in. We sincerely hope that all EU states will follow this important instruction and we also hope that Italian legislators will allow entries on a looking for a job basis.

Approved asylum seekers accomodation instructions

January 27 2003 EU general affairs and international relations Council formally passed the April 2001 proposal on asylum seekers minimum accomodation which the Council agreed upon in November 2002.
Instructions provide for that asylum seekers, while waiting for the evaluation of their documents, are to have an accomodation, food, clothes, finalcial aids, health care, schooling and information granted. Instructions are not clear on work and relatives. In fact asylum seekers are still not entitled to work while awaiting for their status to be officially recognized. This simply means that in Italy it takes a year before proceedings come to an end, during this year people are obliged to conceiled work.
Another problem is the one concerning family rejoining. This is also stooped.
EU instructions will have to be enacted within national laws by January 2005.

Borders control and clandestine immigration

The need of “strict borders controls” was underlined by EU Council.
Leaving a state is abviously not a problem…even if expulsion is being increasingly formalized (especially by Austrian border police, and Schengen being valid through out Europe).
An example: when a non EU citizen, holding no documents, is leaving the country, he/she might be anyway ordered expulsion.
Council instructions state that each entry needs a print stamped by border authorities, this stamps show the day the border was passed together with other pieces of information required by common guidelines. In case the citizen passport holds no stamp, an evaluation on the lawfulness of the person stay must be proceeded. Instructions state that border police ALWAYS put a stamp on non EU citizens passports when entering Schengen area (this is soon to be enacted by each EU state). Instructions go on saying that when non EU citizens apply for residence papers, they show their passport and their entry is verified by this stamp. In case this is missing, an irregular entry is thought. We got to know that many border police do not put passport stamps.
An example: borders between Italy and Slovenia in jammed days. Croatians and Slovenians enter Italy with their own ids and no stamps are being printed. Making stamps compulsory will create confusion and above all it will entitle police offices to presume an irregular entry when it often is the case of police inefficiency.

Asylum right: Eurodac filing/booking

From January 15 2003 on asylum seekers fingerprint system, as provided for by Eurodac, is working.
Eurodac is an information system between country applying the Dublin convention on refugee status recognition. This system sets measures in order to grant the effectiveness of convention principles.
Accordino to the Dublin convention, asylum seekers will only have a chance to refugee status within European area, this was stated in order to avoid that a person starts more than one procedure. This is why Eurodac was created. The program provides for asylum seekers fingerprint storing and this storing is to be exchanged between countries in order to verify if someone asked for asylum under a different name in another country.

Expulsions: the incredibile Switzerland/Senegal agreement

Switzerland has recently signed an agreement together with Senegal which states that any western Africa citizens, holding uncertain nationality, is to be expelled to Senegal when his/her asylum application id rejected.
Senegal declared to accept any African citizen without any problem.
We are willing to see the terms of the agreement, in fact Senegal is probably to receive some sort of benefits out of this.
The fact that asylum seekers expulsions are being negotiated towards a country which isn’t their own is baffling.
How are fundamental rights to be granted when Senegal administration will host people that Swizterland doesn’t want? Which criteria is Senegal to follow and how is it to send them home to their countries of origin?