The European Council has adopted a directive aimed at fighting illegal immigration by prohibiting the employment of illegally staying third-country nationals, laying down minimum common standards on sanctions and measures to be applied in the EU member states against employers who infringe the ban.
 
According to a statement on the European Commission website on May 25 2009, the new rules seek to put an end to abuses by unscrupulous employers who conclude contracts with people illegally resident in the EU, paying them low salaries amid poor labour conditions.
 
Under the directive, employers in the EU will have the obligation to require that before taking up employment, a third-country national has a valid residence permit or other authorisation to be in the country.
 
Employers will have to keep for at least the duration of the employment, a copy or record of the residence permit or authorisation for stay for inspection by the relevant authorities of the member states.
 
Employers will have to notify the relevant authorities designated by member states of the start of employment of third-country nationals within a period laid down by each member
state.
 
Penalties for infringements of the prohibition will include financial sanctions, which will increase according to the number of illegally employed foreigners. Employers will have to pay the costs of return if an illegal employee is deported.
 
Other sanctions may also be applicable to employers of illegal workers, such as exclusion from entitlement to public funding or from participation in public tenders.
 
"The directive represents a step forward towards the fulfilment of the European Council commitment of having a set of clear, transparent and fair rules with the objective of strengthening co-operation between the EU member states against illegal employment and
with respect to the human rights and fundamental freedoms of the affected persons," the statement said.
 
The new legislation, which is line with the principles of the European convention for the protection of human rights and fundamental freedoms and the EU charter of fundamental rights, will strengthen the legal security of all involved, the statement said.
 
The directive is a response to the concerns that immigrants can be guaranteed that they will be able to live with dignity in the EU and have the same rights as those of the nationals of the recipient countries, according to the statement.
 
"By favouring dialogue and co-operation with countries of origin, the EU acknowledges that migration generates wealth both for third countries and for Europe, and contributes in a positive way to strengthening cultural diversity.
 
"For this reason, the EU promotes collaboration with countries of origin and countries of destination in order to match the migratory flux to the reception capacity of the countries of destination," the statement said.
 
The same day, the European Council adopted a directive aimed at facilitating conditions of entry and residence in the EU of third-country citizens for the purpose of highly qualified employment.
 
The directive establishes more attractive conditions for third-country workers to take up highly qualified employment in EU member states, by creating a fast-track procedure for issuing a special residence and work permit called the "EU Blue Card".
 
The Blue Card will facilitate access to the labour market to their holders and will entitle them to a series of socio-economic rights and favourable conditions for family reunification and movement across the EU.
 
The directive determines the common criteria to be set by the EU member states for applicants of the Blue Card without prejudice to more advantageous conditions provided for by national laws.
 
The period of validity of the EU Blue Card will be between one and four years, with possibility of renewal.
 
A Blue Card may also be issued or renewed for shorter periods to cover a work contract period plus three months.
 
After 18 months of legal residence in the first member state as an EU Blue Card holder, the person concerned and family members may move, under certain conditions, to a member state other than the first member state for the purpose of highly qualified employment.
 
Under the rules set by the directive, EU Blue Card holders will enjoy equal treatment with nationals of the member state issuing the Blue Card, as regards working conditions, including pay and dismissal; freedom of association; education, training and recognition of qualifications; a number of provisions in national law regarding social security and pensions; access to goods and services, including procedures for obtaining housing, information and counseling services; and free access to the entire territory of the member state concerned within the limits provided for by national law.
 
Following its publication in the official journal of the EU, member states will have two years to incorporate the new provisions into their domestic legislation, the European Council said.