Condiciones técnicas de la fabricación y montaje

In the conclusion of the 2009 study entitled “Programmes and strategies in Italy fostering assisted return and re-integration in third countries: the Italian case” edited by the EMN Italian National Contact Point, it is considered as having a prior importance a “global action concerning all the actors involved in migration towards the European Union, for which Italy represents one of the entrance” stressing that it is the specificity of certain structures “(EU, Member States, NGOs) and the socialization of their competences that may present a pathway to achieve an informed and comprehensive view of migration, that contributes to enrich and harmonize international cooperation and, at the same time, that leads all to a

coherent, balanced and effective EU immigration policy”196_{. Moreover, the larger the}

involvement of various parties involved, the more effective it is the action of migration policies on the whole process.

With regard to the initiative taken at EU level it is clear that a coordinated action between Member States has followed, over the years, the triple guideline of

shared governance of migration flows (in terms of planning, management and monitoring), management of integration processes, and the contrast of irregular immigration and combating human trafficking.

In the European Union, Italy has contributed actively to each of three directions. This was made, for example, by the transposition and practical implementation of relevant EU directives, including: Directive 2001/40/EC on the mutual recognition of decisions on the expulsion of third country nationals

(Legislative Decree No. 12, 10th _{January 2005); Directive 2003/110/EC on the}

mutual assistance in cases of transit for the purposes of removal by air, (Legislative

Decree No. 24, 25th _{January 2007), Directive 2004/83/EC minimum standards for}

determining who qualifies for refugee status or for subsidiary protection status

(Legislative Decree No. 251, 19th _{November 2007), Directive 2005/85/EC on}

minimum standards on procedures in Member States for granting and withdrawing refugee status (Legislative Decree No. 159, 3rd October 2008). Finally, it must be reported the transposition of Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of

the Member States (Law Decree No.30, 6th_{February 2011), and the implementation}

of Directive 2008/115/EC on common standards and procedures in Member States

for returning illegally staying third-country nationals (Law Decree No. 89, 23rd_June

2011, also completing the transposition of Directive 2004/38/EC), which have been extensively covered in previous paragraphs.

It should also be mentioned that the mechanism of readmission agreements is adopted by the European Union as the main instrument to combat the phenomenon of irregular immigration. Among the agreements where the European Union is a contracting party there are those signed by Serbia and the Ukraine (entered into force in 2008), by the Russian Federation, Albania, Sri Lanka, Macao and Hong kong. Furthermore, negotiations have been concluded with Bosnia-Herzegovina, Macedonia, Moldova and Montenegro, while with Cape Verde, Georgia and Pakistan negotiations are still in progress.

It should also be noted that the European Union, in addition to pursuing the road of readmission agreements, could always put clauses on readmission matter in the international agreements concluded with third countries. It was the case of the

association agreements concluded with the countries of Central and Eastern Europe

(CEEC), in partnership and cooperation agreements stipulated with the Republics of the former Soviet Union, as well as in Euro-Mediterranean agreements. As noted in the abovementioned EMN study, there are also provided for financial and technical

assistance programs such as AENEAS and ARGO «intended for the assistance of third

countries on migration and asylum, through financial and technical support.»

Moreover, from 1st_{January 2007 an European Neighbourhood and Partnership}

countries (Algeria, Egypt, Israel, Jordan, Lebanon, Morocco, Syria, Tunisia, Palestinian Territories), Ukraine, Moldova, Belarus and South Caucasus countries (Georgia, Armenia and Azerbaijan). ENPI replaced MEDA and TACIS instruments and focuses on four macro-areas of action: economic and social development, common challenges, border security and efficiency and promotion of “people to people”

actions»197_.

Among the steps to implementing enforcement policy and control of irregular migration within the EU, with part of Italian contribution, it is mentioned the

“European Pact on Immigration and Asylum”198_{, which, as the various titles of}

document in question state on, aims: 1) to organise regular immigration taking into account the priorities, needs and reception capacities determined by each Member State, and to encourage integration 2) to control irregular immigration by ensuring that irregular immigrants return to their countries of origin or to a country of transit 3) to make border controls more effective, and 4) to construct a Europe of asylum; 5) to create a comprehensive partnership with the countries of origin and of transit in order to encourage the synergy between migration and development.

On the other hand, the abolition of internal borders between Member States and the gradual expansion of the Schengen area has led to further action for the control of external borders, with the request for an additional commitment of all members. From this perspective, over the years, the exchange of information has been intensified among various police offices, so as to necessitate the implementation

of a European Police Office (1992)199_{, with the objective - among others - to}

improve the effectiveness and cooperation between the competent authorities of the Member States in preventing and combating serious international organized crime, also as part of irregular migration; it has to be set in this frame the birth of

the European Police College (Cepol)200_{, the EU agency founded in 2005 with the aim}

to encourage cross border cooperation in the fight against crime and maintaining security and public order.

Frontex, the European Agency established in 2004 for the Management of

Operational Cooperation at the External Borders of the Member States of EU201_,

started its operations in 2005 working in close contacts with the above-mentioned organizations (Europol and Cepol) and with the European Anti-Fraud Office (Olaf). Among Frontex’s objectives there is the European coordination of actions to combat irregular immigration, such as, for example, external border surveillance in the Member States patrolled by land, sea and air, and work on finalization of agreements with neighbouring countries with the European Union so as to facilitate the readmission of those non-EU migrants who are rejected at the border.

Over the years, the action pursued by Frontex displayed great involvement of Italy. In fact, in addition to ordinary activities, there have been various missions that have had the scenario of the Italian territory, especially in the Mediterranean, including

“Nautilus” (in the Sicily Channel) and “Hermes” (between Algeria and Sardinia). In recent years, it was precisely the Mediterranean area that had been turned up into a hotspot for irregular immigration, with the events of the landing in the first half of 2011, arising as a result of political movements and conflicts recorded in North Africa, in particular Tunisia and Libya, that even more had required urgent joint action by EU institutions. However, the events, as highlighted by an authoritative commentator, have produced divisions within the European Union, between States that are at the forefront in addressing the problem, including Italy, and those that are not immediately involved, for a current lack of pan-EU mechanism developed to cope with a sudden influx of migrants that would have

given mutual support to the countries in sharing the burden202_{. These divisions and}

uncertainties were important missing parts that Italy, confronted with a significant influx in landings of irregular migrants both from Libya and Tunisia, has tried to fill with various tools, some of whom shared by the same interim authorities (especially those of Tunisia), including a stronger action regarding rejections at sea.

Faced with this new and complex scenario, Frontex also calls for a strengthening and increased financial and operational resources. To this end, there is recently

some important news regarding this agency. On 13th_{September 2011 the European}

Parliament has, in fact, planned both the establishment of a “responsible for fundamental rights”, with functions of inspection and border control on the respect for fundamental rights, and the creation of an “advisory forum on fundamental rights”, which must include the Fundamental Rights Agency, the European Asylum Support Office, the UNHCR and several experts from NGOs engaged in the matter. In addition, the agency will also be able to lease or buy its own equipment in order not to depend from the commitments of Member States. Also the financial aspects are recording new developments, with important consequences for Italy, since the budget to be allocated to the control of external borders is expected to increase from the current 32 million to 53 million euro in 2012.