Spaces of liberty and legality” “” “

During these first weeks of 2003 one of the issues at the centre of the work of the European institutions concerns immigration and right to asylum. The point of departure for the definition of the new EU policy doesn’tseems to be the clear recognition of people’s right to immigrate. In its session on 12 February the European Parliament also approved a Report on the Commission’s proposal for the adoption of a “Directive of the Council relating to the conditions of entry and residence of citizens of third countries who intend to conduct activities of subordinate or autonomous work”. Asylum and immigration. Among the priorities of the Council of the European Union for 2003 a decisive role is attributed to the “rapid and complete implementation of the decisions taken at the European Council of Seville (21-22 June 2002) in the sectors of asylum and immigration and control of the external frontiers as part of the process aimed at creating a space of liberty, security and justice”. In this context, the operational programme identifies various lines of action, including: the implementation of the measures of the global plan for curbing clandestine immigration; the definition of common policies on expulsion and repatriation; the campaign against the trade in human beings and support for its victims; and the development of policies in support of the integration of legally resident immigrants. Another chapter emphasizes the importance of policies aimed at tackling clandestine immigration at its source. The European Directive on the reception of asylum seekers. According to Directive 2003/9/EC of 27 January “Minimum norms on the reception of asylum seekers in member states”, it is prescribed, among other things, that “member states must inform asylum seekers, within a reasonable period of time not exceeding fifteen days after the presentation of the asylum application to the competent authority, “at least about any recognized benefits and about the obligations incumbent on them regarding the conditions of reception”. A document in the name of the asylum seeker must, on the other hand, be issued within three days, certifying the applicant’s status of asylum seeker or attesting that the applicant is authorized to reside in the territory of the member state in the period in which his/her application is pending or being processed. The decisions of the European Parliament in terms of immigration and asylum. Given the importance of the texts voted by the Assembly between January and February, it is worth emphasizing that the Report on the situation of fundamental rights in the European Union for 2001 contains, inter alia, a chapter dedicated to Right of asylum and protection in case of forced exile, expulsion and extradition, in which the member states are urged to pursue policy decisions aimed at taking into consideration some principal aspects, including: the integration of citizens of third countries, based on the principle of non-discrimination; and the guarantee that no one may be extradited to countries in which he/she risks being condemned to death for his/her crimes or subjected to torture or maltreatment. The general considerations made by the Report include satisfaction for the Council’s rapid adoption of a global plan aimed at combating clandestine immigration and of a plan for the management of external frontiers, as well as for its conclusion of an agreement on the regulation that lays down the criteria and procedures for the determination of what member state is competent to examine an asylum application presented by a citizen of a third country (Dublin II). At the same time, the fact is deplored that the said plans did not form part of a global strategic and legislative programme. In terms of asylum the satisfaction expressed by MEPs concerns the adoption of the Dublin II regulation and the introduction from 15 January 2003 of the urodac system for the gathering and comparison of the finger prints of asylum seekers. As concerns repatriation and re-admission the European Parliament recalls that the campaign against illegal immigration, the networks of traffickers and all connected crimes must remain a priority of the Union.