CYIL vol. 8 (2017)

HARALD CHRISTIAN SCHEU CYIL 8 ȍ2017Ȏ such measures shall be designed to encourage cooperation between Member States through initiatives aimed at improving knowledge, developing exchanges of information and best practices, promoting innovative approaches and evaluating experiences. The quoted provision explicitly excludes any harmonisation of the laws and regulations of the Member States. When the EU by means of directives sets out minimum requirements, e.g. regarding the employment of third-country nationals, the adoption of such a legal act requires a unanimous Council decision. According to Article 149 TFEU, the EU may adopt incentive measures designed to encourage cooperation between Member States and to support their action in the field of employment policy. Such measures include initiatives aimed at developing exchanges of information and best practices, providing comparative analysis and advice. Naturally, such EU measures may relate to the employment of third-country nationals. However, it must be noted that EU action shall not lead to harmonization of national employment law. Other fields of migrant integration are less visibly connected to EU competences. According to Article 6 TFEU, the Union shall have competence to carry out actions, coordinate or supplement the actions of the Member States with regard to education. In the frame of this supporting competence, the Commission in 2016 intended to provide e.g. online language assessment and online linguistic support for refugees (100.000 licenses for a period of three years) and similar forms of assistance. 20 Obviously, the EU does not have any competences in the field of naturalization. Recent Commission documents on migrant integration do not touch on this issue. However, the Commission’s Handbook on Integration of 2010 contained a large chapter on the acquisition of nationality and the practice of so-called active citizenship. The Handbook cautiously recommended the introduction of the ius soli principle for the benefit of the first generation’s descendants and the acceptance of a multiple nationality. 21 From this brief analysis of EU competences it becomes clear that the EU will rather rely on its traditional sectorial approach than on a concise and coherent concept of integration policy. On the other hand, some EU legal norms go beyond intersectionality. Without a doubt, EU fundamental rights law is a typical cross-cutting issue. Provisions granting e.g. the right to religious freedom and the right to education may have a clear impact on the status of migrants in the host country. The principle of non-discrimination is laid down in the EU Charter of Fundamental Rights and also in EU directives. The Race Equality Directive of 2000 22 provides migrants of different ethnic origin protection against discrimination with respect to access to employment, access to education, working conditions, social protection (including social security and healthcare), housing and access to other goods and services which are available to the public. The Employment Equality Directive of 2000 23 declares unlawful any discrimination e.g. based on the grounds of religion.

20 See the Commission’s action plan of 2016 (COM(2016) 377 final). 21 European Commission. Handbook on Integration (3rd edition), Brussels, 2010, pp. 125-126. 22 Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin. 23 Council Directive 2000/79/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation.

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