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From protection of asylum seekers to easier EU access for students, researchers and tourists, from stronger laws against trafficking in human beings to cooperation against violent extremism – common EU action in the field of home affairs during 2010-2014 stretches across a wide spectrum of policy areas. Here are the main achievements during the mandate of EU Home Affairs Commissioner Cecilia Malmström so far.
In the areas of migration, asylum and borders -
After more than 13 years of deliberations, Europe has united around a Common European Asylum System. The common legislation adopted in 2013, which is now being put in place in all Member States, aims to make sure that asylum seekers are treated fairly and humanely in the EU, wherever they arrive. Similar asylum cases should be treated alike and result in the same outcome. Europe gets modern rules on, among other things, who should receive international protection, standards guaranteeing asylum seekers' access to an interpreter and legal counsel, as well as maximum time limits for how long authorities are allowed to take when processing an application. Member States must also ensure that the applicants receive medical and psychological care and, in the case of children, that they have access to education. Commissioner Malmström presented the legal proposals on reception conditions, asylum procedures and qualifications in 2010, after negotiations had been at a standstill for several years. In all areas of the asylum field, the new rules constitute a raise of today's standards. Once in effect, they will enable Europe to provide better protection for people fleeing wars and persecution, allowing for all countries to take responsibility.
The unrest spurred by the Arab Spring, and the many terrible boat tragedies in the Mediterranean, have put focus on the importance of providing more legal ways to reach Europefrom abroad. Apart from pushing for more resettlement of refugees and stronger search and rescue efforts at sea, Commissioner Malmström has also put forth several pieces of legislation in the field of labour migration. In the spring of 2014, Member States and the European Parliament agreed in negotiations on the seasonal workers directive, harmonising the rights as well as conditions of entry and residence of migrant workers coming to the EU for seasonal work. Non-EU seasonal workers make a significant contribution to the European economy, and with the new Directive they will be granted a secure legal status for the entirety of their stay. They will benefit from the same rules as EU nationals as regards working hours, minimum wage, leave and holidays, as well as safety requirements and access to appropriate accommodation. It will also become easier for them to come back year after year.
Furthermore, for Europe to stay ahead as a centre of innovation and excellence, we must attract knowledge and competence from abroad. Today, to an increasing degree, foreign students and researchersin fields such as engineering and medicine choose other places of study than the EU, since the bureaucracy surrounding studies and research here is cumbersome and outdated. Rules for obtaining a student visa or a residence permit are often complex and unclear. Therefore, Commissioner Malmström has proposed a 60-day time limit for Member States' authorities to decide on a visa application, making the process more straightforward and transparent, along with simpler and more flexible rules on moving within the EU. Students should also be allowed to work for a minimum of 20 hours per week so that they can support themselves and contribute economically, and remain in Europe for a year after their studies to identify job opportunities or set up a business. Making the EU more open to talents benefits our economy through the circulation of knowledge and ideas.
A related piece of legislation passed by the European Parliament in May of 2014 is Commissioner Malmström's proposals on so-called intra-corporate transferees, or foreign experts. Companies that try to bring key staff to Europe from abroad currently face rules and red tape of 28 countries, and as a result, it is remarkably difficult both to enter the Union and to move within it. With the new rules fully in place, specialists and managers will be able to stay and move within Europe for three years on a single permit. These foreign experts help create jobs by boosting European competitiveness, investments and exports.
After a complicated debate following the sudden border controls set up between France and Italy in 2011, an important agreement about reinforcing the Schengen system of free movement was reached. It sets up clear and transparent rules for managing European borders, to safeguard free movement and borderless travel for citizens. It allows the Commission to verify, through on-site visits, that Member States respect their obligations and do not carry out unjustified border checks.
Looking ahead, legislative proposals on visa policyfrom the European Commission presented in the spring of 2014 will make it easier for non-EU nationals wishing to travel to the EU. Today, these travellers are often faced with cumbersome and costly visa procedures. The legislative proposals from the Commission will shorten and simplify these procedures, by, among other things, shortening the deadlines for taking a visa decision, boosting consular cooperation between embassies and consulates, and making repeat visits easier. A recent study shows that in 2012, a total number of 6.6 million potential travellers from six of the countries with the most travellers were 'lost' due to cumbersome visa procedures.
During the mandate, the visa requirementhas been lifted towards five countries, among them Brazil and Moldova, whose citizens no longer need a visa to come to the EU for short-term visits. Visa freedom is now moving closerfor the citizens of 19 other countries, among them Peru, Colombia and a number of island nations, and negotiations are also ongoing with Georgia, Ukraine and Turkey. Partnerships have been formed with Armenia, Azerbaijan, Morocco and Tunisia to improve mobility vis-à-vis the EU. These mobility partnershipsinclude efforts to increase the capacity of these countries in the asylum and migration field, while working against trafficking in human beings and human smuggling. The partnerships also include negotiations on legal migration to make it easier for certain groups to obtain visas, such as students and business travellers, and to allow for easier recognition of university degrees and professional qualifications.
In the field of security and the fight against organized crime -
Before 2010, laws in EU countries differed widely on how to prosecute cases of trafficking in human beings. Some Member States had a lax attitude towards punishment of the crime, and the protection of victims. New EU legislation , proposed by Commissioner Malmström and decided upon by the European Parliament and Council, set up a common definition of this hideous crime, introduced tougher penalties for traffickers with minimum prison terms, and made protection and assistance to victims mandatory in all EU countries. The common definition of the crime also includes exploitation for criminal activity, removal of organs, illegal adoption and forced marriage. An EU-wide action plan against traffickingin human beings has also been launched, with 40 concrete actions to get to the root of the problem. Among the efforts undertaken are joint police investigations between Member States and the European police authority, Europol, and joint work with third countries and EU delegations there. An EU-wide network has been set up between organisations and authorities working with protection of victims. Research is being conducted into, among other things, recruitment and re-victimisation in countries of origin.
One of the most profitable and damaging criminal activities is corruption. In its first report on the state of corruptionin EU Member States, the Commission examined the extent of corruption in all EU countries and what should be done better to counter it. The report points to good practices and common solutions, in order to stimulate political will in dealing with a phenomenon which costs Europe around 120 billion euros per year – an amount comparable to the entire annual EU budget. By following up the suggestions in the report, EU Member States will strengthen transparency in the funding of political parties, empower control mechanisms within public authorities, ensure that assets are disclosed where necessary to prevent conflicts of interest, enhance the capacity of law enforcement bodies, improve protection of whistle-blowers and the transparency of lobbying activities. The Report also calls for stronger integrity standards in the area of public procurement, and suggests improvements in a number of Member States. A new EU Anti-Corruption Report will be issued every two years.
As regards terrorism and violent extremism, new legislation has been adopted which restricts access to chemicals that can be used to make bombs. Commissioner Malmström has also set up theRadicalisation Awareness Network (RAN) with around 800 practitioners, connecting law enforcement, youth leaders, researchers and others across Europe's borders. The purpose is to bring together experts from the field, at both local and national levels, to enable better exchange of knowledge and experiences. How do we prevent young people from entering extremist movements? How can local authorities become better at noticing warning signs before a terrorist attack? As a result of this work, the Commission in January of 2014 presented a toolbox for Europe in countering violent extremism. Among the actions proposed are to set up de-radicalisation or exit programs, where members of extremist groups are given support when leaving these movements. Also, local police around Europe should undergo training on how to spot signs of radicalisation among young people in their communities. The EU will set up a European knowledge hub in this field, in order to make better use of knowledge and experiences in all Member States.
Furthermore, a new Passenger Name Record (PNR) Agreement was concluded with the US, replacing a previous agreement from 2007, and an EU-US Terrorist Finance Tracking Programme (TFTP) has replaced a previous interim agreement. PNR agreements were also reached with Canada and Australia. The PNR and TFTP agreements set up rules for the use of passenger records and financial data in the fight against terrorism, along with provisions and integrity safeguards for the collection and storage of data.
During the past few years, cybercrime has established itself as one of the biggest security threats on the horizon. To counter this development, a new EU Directive has been adopted to fight large-scale attacks on information systems , along with an overarching cyber security strategyof the European Union. In parallel, at Europol headquarters in the Hague, Commissioner Malmström has set up the European Cybercrime Centre, or EC3, dedicated to strengthening the EU's defences against online organised crime – fraud, theft of credit card details, extortion through virus attacks, and similar crimes. As these criminal activities are borderless by definition, the response must be a European one, and law enforcement authorities must strive to stay one step ahead. In concrete terms, the work of the EC3 includes coordinating police investigations, tracking stolen credit cards across borders, halting intrusions into internet banking, warning against new threats and virus attacks, and focusing efforts against child predators online. This has led to many arrests.
On the same topic – during the mandate, a directive has been adopted to tackle sexual exploitation of children, covering the prosecution of offenders, protection of victims and prevention measures. Furthermore, in 2012, Ministers of Justice and representatives from 48 countries met in Brussels to form a Global Alliance against Child Sexual Abuse Online, which has been joined by four more countries since then. Set up following an initiative from Cecilia Malmström and the US Attorney-General, the alliance – consisting of countries from the United States to New Zealand to Cambodia, to all the members of the EU – have committed themselves to strengthening resources to identify more of the victims appearing in child abuse photos and videos online. Participating states will also make sure that more perpetrators are brought to justice, and are also undertaking public information efforts on the home front. Systematic cooperation with victims' hotlines, easier cross-border investigations and laws prohibiting perpetrators from working with youth are some of the other commitments within the cooperation of the Global Alliance.
In the fight against organised crime, Commissioner Cecilia Malmström has initiated action at EU level to hit mafia groups where it hurts – by going after their profits. With new EU legislation on confiscation of criminal wealthadopted in 2014 by the Council and Parliament, it will be made easier for law enforcement all over the EU to quickly freeze criminals' assets when prosecutors fear that they would otherwise disappear abroad. In addition, criminals will no longer be able to transfer assets to a friend or a relative and expect that they are out of reach from police. Law enforcement agencies have, up until now, had a hard time keeping up, as rules for going after criminal assets have differed between countries, making the confiscation process unnecessarily complicated and ineffective. The global drug trade alone generates almost 240 billion euros in revenues every year, with only a fraction of these revenues being seized by authorities. By putting new legislation in place, Europe is working to ensure that crime does not pay.
A summary of the achievements of the 2010-2014 European Commission can be found here.