REGINE Regularisations in Europe Final Report - European ...

(including regularisation), acquisition of citizenship, and others (including flows of ‘privileged
aliens’).
What supports EC action? The basic structure in the form of the mutual exchange mechanism
already exists and would only have to be amended. In addition, there is generally broad support for
enhanced exchange of information among Member States.
What works against EC action? The measure would create a new obligation under EC legislation,
which might be opposed in principle.
Option 3b: Enhance the right for Member States to request information on planned
policy measures
A right to request information from other MS states on planned and adopted measures and their
possible impact on other MS exists in principle in Council Decision 2006/688, Art. 2(3). This has
apparently not been utilised, its use should be promoted as part of information exchange.
Rationale and possible impact: Establishing a clear procedure for information requests and obliging
MS addressed by a request to answer the request, following a certain format and guidelines would
allow MS to specifically request information on policy measures by other MS which are problematic
or contentious in the view of another. In addition, the MS making the request would be able to
formulate concrete criticism concerning potential negative effects of policies on other MS which
ideally should be supported by evidence and would thus contribute to a more focused information
exchange based on concrete evidence than is hitherto the case.
What supports EC action? The principle has already been incorporated into Council Decision
2006/688, but needs to be fleshed out. There is great interest in enhanced information exchange and
provided that the obligation to provide information is sensibly circumscribed, the great majority of
MS are likely to support it.
What works against EC action? Enquiries about specific measures in national migration policies
might be seen as questioning the sovereignty of MS with regard to framing policies according to
national priorities and needs; on the other hand, the principle is already established in the Decision.
OPTION 4: IMPROVING STATISTICAL INFORMATION ON
REGULARISATION PROGRAMMES AND MECHANISMS
Description: Member States should systematically collect statistics on the number of applications,
number and type of permits issued (and persons regularised, if different from cases) and legal grounds
of regularisation; divided by sex, age, country of birth and citizenship. For regularisation programmes,
Member States should be encouraged to collect additional information, notably on employment status,
education and other relevant socio-economic and demographic variables including length of stay,
family ties, etc.. As data on regularisation programmes and, in particular, mechanisms is often derived
from residence permits databases and thus formally integrated into the administration of residence
116