European sanctions against illegal employers

(article published in Ouest-France, May 2007)
The European institutions have been thinking about this for several years. And the arrival of illegal immigrants, more and more numerous on the southern coasts of Europe in particular, convinced the Commission that it was necessary to act at the source, and to propose a text aimed at harmonizing sanctions at European level against clandestine work, the pumps of illegal immigration. These sanctions, which, according to the Commission, are aimed at " employers not workers ».
Each employer - including the house employer - will therefore have to check, before recruiting nationals of third countries (non-members of the European Union), that they have a residence permit or other equivalent authorization. . Failing to have carried out this check, the sanction will fall: financial - fine, payment of unpaid taxes and social security contributions -, administrative - exclusion from public contracts or the benefit of subsidies -, even criminal - in the event of recidivism or abusive behavior. on the workers. A fairly classic device already applied in France but innovative for certain countries. The Commission does not stop there and wants to set up a control standard. " Only 2,8% of companies in Europe are audited each year. This means that in practice there is no control “, assures Franco Frattini, the European Commissioner for Justice. " We want to go to 10% and (thus) avoid sanctuaries where migrants are exploited ". A complaint mechanism should also be put in place for foreigners who are victims of these practices in order to recover the wages due, if necessary with the help of a third party (trade union, NGO, etc.).
This text must now be approved by the 27 interior ministers and the European Parliament. This will not be easy even if the voting rules have been modified, with the abandonment of the right of veto and passage to the qualified majority. And not unanimity as some politicians, including Nicolas Sarkozy, still believe...

(NGV)