After three long years of bickering, EU Home Affairs Ministers yesterday struck a compromise deal on a set of EU-wide rules tackling illegal immigration.
The new rules, known as the Return Directive, provide for common standards and return procedures as well as clear, transparent and fair common rules dealing with third country nationals who illegally stay in member states.
One of the most controversial provisions is that illegal immigrants can be detained for a maximum of 18-months if found to be illegally staying on EU soil.
Malta, represented in Luxembourg by Justice and Home Affairs Minister Carmelo Mifsud Bonnici, should not be hard hit with many of the provisions of the new directive as its laws already allow for an 18-month detention period. In view of amendments introduced by the European Parliament, the directive is only intended to visa over-stayers and not to illegal immigrants landing on EU shores by boats, as is the case of the majority of illegal immigrants coming to Malta.
On the other hand, in line with the agreement, member states will now be obliged to provide legal aid to asylum seekers in order to make sure that they present their case for asylum in the best way possible. Many member states were opposing this provision, particularly due to the costs involved. However, a compromise was reached so that EU funds could be used to compensate for this measure.
Council sources told The Times that, under the compromise reached, member states should treat immigrants as they would treat any nationals unable to cover their own legal costs. However, member states do not have to extend aid if an immigrant does not meet criteria set out in the 2005 EU asylum-procedures directive. This means that illegal immigrants who do not collaborate with the authorities would have no right to legal aid.
The deal will now have to be agreed by the European Parliament, which is scheduled to vote in two weeks' time.
Although the European Parliament is divided on the directive, particularly with regard to the duration of the established maximum detention period, it is expected to carry the compromise deal although with a tight majority.
The deal is officially supported by the large centre-right group, the European People's Party (EPP-ED), the Liberals (ALDE) and the conservatives (UEN), but some MEPs are expected not to follow their group's line. The Socialist Group (PES) opposes the directive.
If endorsed by the European Parliament, member states will be granted three years to transpose the provisions on legal aid into their national law. This contrasts with the two-year deadline given for the rest of the legislation to be implemented.
The European Commission estimates there are up to eight million illegal immigrants in the EU. More than 200,000 were arrested in the EU in the first half of 2007 and fewer than 90,000 were expelled.