Labour market performance and migration flows - European ...

European CommissionOccasional Paper 60, Volume Isigned after or during 2001 tackle this aspect. 201 This, for sure, reflects, the priority set by theEuropean Council on the fight against illegal immigration and echoes the European Council’s SevilleConclusions in June 2002. In these conclusions, the European Council urges “that any futurecooperation, association or equivalent agreement which the European Union or the EuropeanCommunity concludes with any country should include a clause on joint management of migrationflows and on compulsory readmission in the event of illegal immigration”. In the other EMAAs, nodirect commitment to cooperate in the field of illegal migration and readmission is made, and the fightagainst illegal migration is part of the social dialogue in which the parties are committed to engage ona regular basis. 202In the field of legal migration, provisions regarding the rights of migrants already residing legally inEU (or in a partner country) are set out. Yet, binding provisions subject to interpretation andenforcement by the European Court of Justice and national courts of the partners countries are onlygiven for the Maghreb countries. According to the first article under Title VI of those EMAAs, thetreatment accorded by each Member State to workers of Tunisian/Moroccan/Algerian nationalitiesemployed in its territory shall be free from any discrimination based on nationality, as regardsworking conditions, remuneration and dismissal, relative to its own nationals. Temporary Tunisian,Moroccan, and Algerian workers are also envisaged. Again, they benefit from a non-discriminationclause solely in the field of working conditions and remuneration. It is to be stressed thatTunisia/Morocco/Algeria shall accord the same treatment to workers who are nationals of a MemberState and employed in its territory.Furthermore, workers from Tunisia/Morocco/Algeria and any members of their families living withthem shall enjoy, in the field of social security, treatment free from any discrimination based onnationality relative to the nationals of the Member States in which they are employed. 203 Allperiods of insurance, employment or residence completed by such workers in the various MemberStates shall be added together for the purpose of pensions and annuities in respect of old age,invalidity and survivors’ benefits and family, sickness and maternity benefits and also for that ofmedical care for the workers and for members of their families resident in the EU Community. Theworkers in question shall receive family allowances for members of their families who are residentin the Community, and shall be able to transfer freely to Tunisia/Morocco/Algeria, at the ratesapplied by virtue of the legislation of the debtor Member State or States, any pensions or annuitiesin respect of old age, survivor status, industrial accident or occupational disease, or of invalidityresulting from industrial accident or occupational disease, except in the case of special noncontributorybenefits.In fact, upon reading the specific provisions related to workers, it is clear that the agreementsacknowledge the presence of immigrant workers in the EC (also reciprocity in rights for EUcitizens in one of the partner country is foreseen) and consolidate their rights as far are they arelegally residing in one member state, the scope of the non-discrimination principle being larger forresidents than for the temporary workers.It is only the Agreement with Algeria, article 83, which foresees the necessity to facilitate themovement of persons between the partner countries. But this facilitation is foreseen in theframework of mutual cooperation in the field of irregular migration with no concrete objectives ormeasures.It is worth noting that no considerations for labour needs or the nature and quality of permit of stayor procedures or conditions for admission are included in the EMAAs. Indeed, reducing migratorypressure through social cooperation is one of the priorities in the field of social cooperation (“rootcause approach”). In the social field, projects and programmes shall be carried out in any area of201 Egypt AA was signed in June 2001, Lebanon AA in 2002 and Algeria AA in April 2002.202 See article 69 AA-Tunisia, AA-Morocco and article 72 AA-Algeria. “Dialogue shall cover in particular all issues connected with: (c) illegal immigration and the conditions governingthe return of individuals who are in breach of the legislation dealing with the right to stay and the right of establishment in their host countries”.203 The concept of social security shall cover the branches of social security dealing with sickness and maternity benefits, invalidity, old-age and survivors’ benefits, industrial accident andoccupational disease benefits and death, unemployment and family benefits.190