Many observers have warned the European Union that the ongoing economic crisis could affect the integration policies because of an increase of xenophobic feelings and requests for tougher immigration control. As Mario Sepi, president of the European Economic and Social Committee wrote on his blog, commenting the results of the European elections: “extremism is a clear indication that the society feels precarious, uncertain about its future and tries to lock the door and to isolate”. European civil society, as it has shown with the adoption of the Programme for Europe, is sensitive to the integration of third-country nationals and wisely aware of the added value that integration involves.

The same can not be said about the Italian government which has conclusively approved the security package. As a matter of fact, the coalition now in power had been waving the security flag, exacerbated in particular by the Northern League Party, already before the elections that took place in 2008. The good old times, when Prime Minister Silvio Berlusconi used to cry for the fate of irregular immigrants coming from Albania and was firmly against the immigration controls established by former Prime Minister Romano Prodi, are once and for all gone-by.

Now, an irregular migrant in Italy risks a fine that goes from 5 to 10 thousand Euros and an immediate order of expulsion. In addition, a third country national, whose administrative status of stay is irregular and who has been convicted for having committed a crime, will face jail sentences a third longer than those applicable to Italian and EU citizens having committed the same crime (at the beginning the Italian Government wanted to apply this aggravating circumstance to EU citizens as well). It follows that, according to Italian Penal Code, being an irregular is equivalent to being a fugitive.

The period of time in which irregular migrants can be detained in the Identification and Expulsion Centres shifts from 2 to 6 months. As a matter of fact, this last measure does not infringe the European directive on commons standards and procedures for returning illegally staying third country nationals, the Return Directive, who sets the maximum period of detention to 6 months. On the other hand, after the approval of the directive, Member States promised not to raise the period of detention.

During a press conference, Commissioner Jaques Barrot stated that the European Commission already explained to Italian government that the aggravating circumstance and the automatic expulsions can not be applied to EU citizens, according to the principle of non-discrimination on the grounds of nationality as stated by art. 12 of the EC Treaty and, later on, confirmed by the community acquis and the Court of Justice’s case-law. Barrot also added that “EU does not accept general measures” and that the irregular situations have to be evaluated case by case, respecting the principle of proportionality as well.

With regard to the principles of equality before the law and protection against discrimination for all persons, as recognised in the Universal Declaration of Human Rights and the European Convention on Human Rights, it seems to be hard to accept the Italian security package.

Barrot said he will take a position on the security package after his legal services will have analysed it. I hope European Union will condemn these dangerous measures. Otherwise, integration policies are definitely at-risk.

The text of the Security Package (Italian)