Free Movement of Persons in the EU: A loved and feared reality. ECAS, 12 th April 2017

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1 Free Movement of Persons in the EU: A loved and feared reality. ECAS, 12 th April 2017 Conclusions and how this may impact on the mission of The Salvation Army Report by Mike Stannett The concept of the freedom of movement of persons in the EU was first established in the Treaty of Rome in 1957, 60 years ago. It has evolved to become the cornerstone of Union citizenship, introduced by the treaty of Maastricht in 1992, which underpins the right of EU citizens to move and reside freely and safely within the territory of Member States. There has been a trend in recent years towards ever increasing and diverse obstacles to free movement. Free movement is no longer recognised by governments across the EU as noncontentious and its acquired status challenged. At the same time it is still the most cherished by EU citizens (81% are in favour of free movement). Salvation Army shelters/hostels/women s and children Homes, will certainly be housing a growing number of people who have moved from other parts of the EU who are experiencing infringements up on their Freedom of Movement rights and the European Convention of Human rights. Q. This leads us also to question. Are our social workers sufficiently trained on the rights of migrants from the EU or wider afield? Even the municipal authority s staff in many cases is woefully inadequate on these rights. Salvation Army Corps and day centres may also be dealing with people where their freedom of movement rights are being neglected and may also need to give advice on their rights and how to move forward. Advice Tools Portal for Information: Your Europe Advice (in all languages) SOLVIT advisory service re. Infringements of EU law, cross boarder cases. (In your own language) ECAS advice centre - YEA Your Europe advice

2 Internal Market Information: EU, rights, jobs, Single market service centre Europe Advice Network, network of legal advisers, reply within 4 days Role of the Church/Corps Due to the growing tensions brought between Freedom of Movement and those who wish to curtail these freedoms, we see an increase in nationalism and xenophobia. The role of culture is seen to be to balance the tension. In this regards the Church also has a similar role. The Salvation Army in Europe There is a general atmosphere in Europe of anxious uncertainty. People s rights are being interpreted differently by Member States of the EU. This affects many of the services the Army provide throughout Europe directly and indirectly. Areas of potential anxiety A number of our employees come from other parts of the EU and may face some issues. Officers and employees that are posted from one EU country to another EU country may also face certain difficulties, in regards to access to social benefits, family benefits, and other support they may have received at home but are withheld or delayed. This is an issue that the EU is looking into posted Workers. In this regards the Army may need to be more aware and make compensation if necessary. In the long term the EU is also considering Associate membership of the EU. This is a part of the BREXIT situation, but I offered, it may also be offered to other non EU countries. However this is a long way off. FULL CONFERENCE REPORT NOTES Guest Speakers Jill Evans MEP Wales, Green party Antione Fobe - legal expert, Your Europe Advice Dr Anthony Valcke, solicitor, EU rights clinic Claire Genta, Secretariat of European Parliament committee of petitions Niccolo Milanese, Director European alternatives Marie Denninghaus, Mobility transport, European Disability Forum Laurence de Richemont - Head of unit DG internal market Monika Mosshammer - Head of unit citizens rights an free movement

3 Jordan Curell - director. Labour mobility DG employment Luca Jahier - president group lll European economic Comm. Laszlo Andor, senior research fellow Jean lambert MEP, greens EU mobility is the right for Young people of Europe -Jobs, study, cultural activities - the Erasmus generation. Emphasis should be on young people s needs. Erasmus plus is a most successful EU programme. Enabling travel, education and training. (Jill Evans's MEP Wales / Greens) Examples of different interpretations by member states not in the Directive: A variety of examples were provided which illustrated the challenges faced by migrants by the different interpretations of the EU Freedom of Movement Directive. Has any state correctly implemented directive 2004/38 - none have (Dr. Antony Valcke) Sweden - personnummer -ID number, needed to attain almost everything. The problem is that a migrant has to demonstrate they will stay in Sweden for at least a year. Without this evidence then you can't get a number. UK - comprehensive sickness insurance is a requirement. A migrant has to prove they have sufficient resources to look after yourself, but health insurance is not mentioned. Belgium- expulsion of EU citizens. No right of residence cert- leads to expulsion orders. A restrictive appeal process system makes it impossible for a successful appeal. People then become irregular migrants? Even though they are EU citizens? Antione Fobe - legal expert, Your Europe advice Most applications for advice related to entry issues, residence, social security main issues for advice. If entry rights are being eroded/ abused/ infringed, all other aspects will be affected. i.e.: Non EU family members at risk. Excessive holding of passports, excessive Delays in procedures, non-renewing of visa for non EU family members. Issues relating to rights and infringements are a continuous problem within the EU Marie Denninghaus, European Disability Forum Freedom of movement is not a reality in Europe even after 60 years is only concept paper as there are so many practical problems. There is serious limitation for the disabled. Being blind or deaf you cannot access online or telephone information. Loss of benefits if you leave the country and other supports / assistance, Lack of accessibility to public transport, shops, offices, buildings.

4 The biggest issue is social security - cross border problems, not being able to access similar benefits in other countries. Claire Genta, EP Committee of Petitions Need to restore trust in the EU and its rights. As an individual EU citizen, you can submit a petition to the EU, but only on issues related to EU business.i.e. not if it is a national competence. Persistent problems due to lack of communication is causing problems; citizens do not know their own rights. Authorities also need training on the rights of migrants and often resort to excuses i.e. limited resources, unacceptable burden on society, public security. Access to social benefit, Family benefits, health care, and child care are often discriminated on nationality (depending on which EU country you come from). Freedom of movement is about law, identity, and history. Is the free movement really working in EU? Jordan Curell - director. Labour mobility DG Employment Labour mobility, working age - mobile EU citizens 8.5 mill. (Active) throughout EU there are Hurdles, these are not about EU law but application of the law. Incorrect application of EU law by nation states. He also stated not all movement is voluntary (trafficking, expulsion, poverty, postings) Luca Jahier, President Group lll -, European economic and Social Committee Mobility is a question being raised throughout EU not just Brexit. People with fear of globalisation, also fear migration, tend not to travel so much, nationalistic, xenophobic attitudes want to close the EU. The role of culture can help to balance this tension of xenophobic nationalism. We have raised confrontation but no solution or vision. Publication: 5 Take Aways for Brexit - 5 different potential scenarios for UK relationship with the EU. Laszlo Andor, senior research fellow Why does this xenophobia exist, is it misunderstanding, it is double imbalance. East to westan income gap in the same place as the old iron curtain. Labour moves east to west. Contributes also to a demographic decline and effects economic performance in the sending State. North to south. Monetary union, low pay push factors, high unemployment. Is restriction the answer? No, restriction is not the answer, many other ways. Controlling the labour market not the borders is part of the answer. Schengen illustrates that UK is highest recipient of labour mobility but not member of Schengen. I.e. it is not open borders; it is

5 labour opportunities that need controlling. Keep mobility and freedom of movement but have a strategy to address the risks Laurence de Richemont - Head of unit DG internal market Presented a list of tools available to receive advice (see above) Monika Mosshammer - head of unit citizens rights and free movement EU citizen s report Strengthening citizens rights in a union Jean Lambert - MEP, greens Free movement not only about labour mobility, it includes so many more people, not just those who are economically active i.e. retired, disabled, mothers, children, students etc. It is wrong for rough sleepers or the unemployed to be expelled from a country because they are no longer contributors. The EU must become a Europe that benefits its entire people, not just the comfortable. EU has also to change to be closer to its citizens