Arousing the passions and the divisions, the migration is apprehended by some Europeans as a danger for the national identity and is approved by the others as a source of cultural diversity. Many forms of illegal immigration are observed. The migrants can enter a member states by land, air or sea. Also a lot of these illegal entries are made thanks to the utilization of false or forgotten documents and organized crime networks. Nevertheless many people penetrate legally thanks to a visa but exceed the time authorized or modify the aim of their stay without the agreement of the government. Finally some asylum seekers do not leave the country even after a negative response. The Europeans have emigrated to places all over the world for centuries. Europe has received supplies from a lot of foreign cultures and populations during its history. The migration process is a huge part of the common history. It is a natural phenomenon of the exchanges and relationships between human communities.
[...] II: The respect of human rights as fundamental notion The risk of violation of Human rights in the framework of the European policy of return in the third countries A lot of migrants lose their life while they are trying to enter into Europe illegally. When they are in Europe a lot of them live in deplorable situations, dangerous conditions and are victims of exploitation. So as the international instruments are applied for all human beings, the illegal migrants can also benefit from these regulations which consist of social, economic and politic protections. [...]
[...] To explain the EU legal framework dealing with ILLEGAL IMMIGRATION we will see in the first part the different means from the Union to struggle against that and in a second part the place lets at the respect of human rights and some examples from Spain and Italy. The different means perfected by the Communities to develop its common policy in this domain The decisions which strictly depend on the member State themselves The admission of third-country nationals for the proposition of employment is governed by their own legislation. [...]
[...] The EU must give the choice to each state the control of its exterior borders. Nevertheless, if a member state has major difficulties, it should account on communitarian support, have solidarity from the other member states. Then, this legislation very precise is appeared only there is few years ago, its slow development lets at the States a big part of autonomous in the field. Websites http://www.europa.eu/scadplus http://www.unhcr.org/protect http://www.eurogersinfo.com/actu http://www.lexpansion.com/actu http://www.amnestyinterntional.be http://www.robert-schuman.org Britannic Minister October 2005, European parliament. Because it is closely link to the policy relating to the control of migration flows. [...]
[...] To fill its obligations the European commission presented, in November 2000, a communication on immigration in agreement with the following elements: the economic and demographic development of the Union, the capacity of reception of each country, the situation of the origin countries. Followed by another communication in July 2001 on an open method of coordination of the migration policy. So the mains successes of this program are found in several fields: For the legal immigration, the directive of the European council adopted on the 22 September 2003 the family reunification and on the 25 November 2003 the statute of EU resident of long time. [...]
[...] Illegal immigrants to Spain did not always have the chance to apply for asylum, the benefit of legal assistance In Italy, the United Nations High Commissioner for Refugees (UNHCR) requested explanations from Italian authorities about the deportation of 180 persons to Libya. The UNHCR insisted that anyone who wishes to make an asylum claim should be provided an opportunity do so, and fairly assessed. Italy raped its international obligation and Union law. So the European parliament adopted in April 2005 a resolution to condemn this attitude and calling on the commission as the guardian of Article 6 of EU treaty and Article 63 of the EC treaty on the right of asylum. [...]
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