vasiletina
20-11-2006, 15:29
ROMANIAN COMMUNITY OF IRELAND
19 Belvedere Place
Dublin 1
And
ROMANIAN SOCIETY OF IRELAND
Meath Street
Dublin 8
MEMORANDUM OF OPPOSITION
TO RESTRICTIONS IMPOSED
ON THE LABOUR MARKET BY IRELAND
TO ROMANIAN NATIONALS AFTER ROMANIA’S
EUROPEAN UNION
ACCESSION ON 1st JANUARY, 2007
Dublin 20th November, 2006
MEASURES ADOPTED BY THE IRISH GOVERNMENT
IN RESPECT OF ROMANIA AND ROMANIAN NATIONALS
WITH EFFECT FROM 1st JANUARY, 2007
FREE MOVEMENT
Romanian nationals are allowed to enter Ireland freely from 1st January, 2007.
LABOUR MARKET RESTRICTIONS
Romanian nationals will not be permitted to take up employment freely in Ireland from 1st January, 2007, but will be required to obtain a work permit.
INTRODUCTION OF PRERENTIAL WORK PERMITS
Romanian nationals will be treated preferentially over other non-nationals in the granting of work permits.
These two restrictions on the right to free movement and work are to be phased out gradually.
CONFLICT BETWEEN EUROPEAN UNION RIGHTS AND LAW IN IRELAND
Each Member State has the right to introduce restrictions on the labour markets for up to 7 years on the accession of new member States. In 2004, Ireland decided to impose no such measures on the 10 accession countries that joined the EU on 1st May, 2004. This was the correct decision politically, economically and socially.
Ireland, together with the UK and Sweden, has been the strong and united voice of free labour market and equality within the EU in the past two years and has urged all other EU Member States to follow suit. Ireland exercised its own right under EU Law to liberalise the labour market. Most other EU Member States chose to restrict it.
Now, in respect of Romania and Bulgaria, Ireland has unfortunately followed the UK and decided to make a U-turn on its open door policy towards a free labour market. This is unfair. Ireland should treat Romania and Bulgaria in the same way that it treated the 10 member States that joined the EU in 2004. If Ireland needs to restrict the influx of immigrant labour, it should do so in respect of all other EU countries.
Ireland is afraid of allowing up to 50,000 Romanian nationals to come to the State within the next year, but it is prepared to embrace and welcome over 500,000 nationals from the 2004 accession countries in the same period.
Months ahead of their accession to the EU, the nationals of the 10 accession countries were given the right to travel freely in Ireland for up to 90 days, without having to go through the lengthy process of visa applications (from 6 weeks to 12 weeks in some cases, with the possibility of refusal). It is shameful that Romanian nationals are to be treated differently.
Furthermore, the number of all nationals who have made applications for work permits in Ireland prior to their country’s accession to the EU is very small, compared to nationals from Romania. Yet, following their accession, their number is 1000% higher than the number of Romanian nationals already living in Ireland.
At present nationals of the 10 new EU Member States are not required to register with Garda National Immigration Bureau if they intend to stay in Ireland over 3 months. This means that they are not requested to pay €100 for a registration card (which is compulsory for all other nationals).
By the introduction of the labour market restriction and work permits provision, the Irish Government has decided to discriminate against nationals of Romania contrary to the core principle of equality of European Union law.
ISSUES NOT ADDRESSED BY THE IRISH GOVERNMENT
IN RESPECT OF ROMANIA AND ROMANIAN NATIONALS
WITH EFFECT AFTER 1st JANUARY 2007
FREE MOVEMENT
Romanian nationals may come to Ireland, but will many of them be turned away from Irish borders by the Irish immigration officers?
European Union law provides:
As a citizen of a Member State of the European Union, you have the right to enter any other EU country without having to comply with special formalities. All you need is a valid passport or identity card.
You do not require an entry visa.
Immigration officers may not:
· affix a stamp on your identity document on arrival authorising you to enter the national territory;
· ask you to furnish proof of means to support yourself;
· ask you how much money you have to spend;
· ask you questions regarding the purpose and duration of your trip.”
Questions that require a comprehensive and prompt answer:
1. What guarantees are being given that all Romanian nationals coming to Ireland will be treated equally without having to go through all kinds of harassment and interrogation?
2. Who will supervise the implementation of fair and equal treatment to Romanian nationals?
3. What will happen to Romanian nationals who are already in Ireland and whose application for asylum is still being processed?
4. What will happen to Romanian nationals who are still awaiting a decision on their application for leave to remain on humanitarian grounds (some of whom have been waiting for more than six years)?
5. Will those Romanian nationals who have been deported from Ireland to Romania or third countries have their deportation orders quashed? Will they be prevented from re-entering Ireland?
6. What will happen to Romanian nationals who are in Ireland but are the subject of a deportation order which remains in existence after the accession date? What is their legal position?
7. What is the position of Romanian nationals who are undocumented at present in Ireland? (please compare the campaign directed, sponsored and participated in by the Irish Government in respect of undocumented Irish nationals in the US)?
8. What provision will exist for the first and second grade of relatives of Romanian nationals who may come to Ireland to support their children who are legally resident in Ireland but who cannot afford to take up full time employment due to lack of childcare places or high costs in child care? Will they be given a special status to reside beyond three months without having to take employment themselves?
9. What will happen to Romanian nationals who have been on work permits but at the same time have been exploited by their employer, whose work permit may expire? Will they have to return to Romania after investing their time and energy in the State’s economy, and whose employment has terminated through no fault of their own? Will labour inspectors be prepared to take action and apply the European and national employment and equality law?
LABOUR MARKET RESTRICTIONS
Any restrictions imposed on the labour market to non-nationals will lead to a greater likelihood of non-nationals being exploited by unscrupulous employers. There is already a “black labour market” valued at billions of euro in Ireland, in which non-national workers are exploited and which the Government is unable to control.
The restriction applied to nationals of Romania and Bulgaria will deny them of their EU core right of accessing freely the labour market of any European State, thus discriminating against them as compared to other EU citizen members and forcing workers into the black labour market in which they will be subjected to exploitation. This has a huge potential social-economic impact on the Irish State and the quality of life in Ireland. Tax revenue will be lost, and workers will have no employment protection, will be deprived of the social security safety net and may not attend for medical care when required. IBEC and SIPTU, together with some other syndicates, are indicating that the influx of Romanian and Bulgarian nationals will take away jobs from the Irish employees. This is a fair picture. As Ireland has a competitive market, the market should decide job distribution. In fact, the influx of Romanian nationals will benefit competition, and the Revenue Commissioners will have substantially increased revenue, and the position of thousands of Romanian nationals working in the black labour market in Ireland now will be regularised.
INTRODUCTION OF PRERENTIAL WORK PERMITS
Under the current legislation, an employer has to post a job vacancy to recruitment agencies and FÁS and, if no suitable candidate is found in Ireland, has to go to the European Union member states and only if that too fails can he go beyond that. This is a lengthy and costly process, and some employers are not prepared to follow it. As result many jobs are lost or less qualified staff are employed. Furthermore, an employer has to pay in advance up to €500 for each application for work permits with no guarantee that the application will be granted, even though the money may be returned to him if a negative decision is given. In most instances in the past, this money has been reimbursed later or taken from employee’s wage without consent and if the employee wanted to have the money refunded he would be told that the work permit may be terminated with immediate effect.
From the records of the Department of Trade and Enterprise and the Department of Justice, there appear to be 6,000 Romanian nationals on work permits and working visas in Ireland. Their situation may worsen in the future for two reasons:
· most employers have tolerated the current system in which they have to pay for work permits in the expectation that after 1st January, 2007, work permits and visas will no longer be mandatory for Romanian nationals – the restrictions that will now be placed in Romanian nationals in 2007 will make employers refuse to issue renewal applications or make fresh applications because they will want to reduce their costs and time by hiring or employing workers from the 10 new EU members states rather continuing to work with Romanian nationals;
· the majority of employees have been reunited with their families here in Ireland, have taken up mortgages and loans, etc., and a decision from their employer not to renew their work permit will leave them in a very dangerous and exposed position both socially and economically.
The European Union Common Law reads:
The free movement of persons and services is a fundamental principle of the European Community. One of its advantages for Community nationals is the freedom to pursue an occupation, on a self-employed or employed basis, in a Member State other than the one in which they acquired their professional qualifications.
You may start work without a work permit on arrival in the Member State of destination.
In this respect as we stated in the previous chapter, the proposed restrictions are inconsistent with European Union law and discriminatory against Romanian nationals.
Questions that need a comprehensive and prompt answer:
1. What is the meaning of preferential, special or priority?
2. Who will pay the application fee (the employer or the employee)?
This is discriminatory against Romanian nationals as compared with the nationals from the 10 new EU Member States.
3. Will the employee be required to register with GNIB upon arrival in Ireland and pay the €100 registration fee?
If yes, this is discriminatory against Romanian nationals as compared with the nationals from the 10 new EU Member States.
4. Will the employee be bound to the employer and the terms and conditions of the contract and the work permit as issued?
If yes, this discriminatory against Romanian nationals as compared with the nationals from the 10 new EU Member States.
5. Who will enforce the law in the labour market and make sure that the abuses of the past are a thing of the past?
From the very first moment of decision been announced by the Irish Government it was clear that it will gravely and badly discriminates against Romanian nationals regardless of the “preferential” word used, as this is less what the core rights of an EU citizen member are!
THE STATUS OF THOSE WHO ARE ALREDY LEGALLY RESIDENTS IN IRELAND
At present in Ireland the following categories of Romanian nationals are legally resident:
· persons declared as a refugee;
· persons granted residency under the IBC and IBC/05 scheme;
· persons granted leave to remain on humanitarian grounds;
· persons with a work visa and with their family under the family reunification scheme;
· persons with work permits and with their family members under family reunification scheme;
· persons with long term residency and with their family under the reunification scheme;
· persons who are students;
· persons who are undergoing undergraduate or superior training;
· persons who are living in a mixed family through marriage to an EU or non-EU national;
· underage children who are not Irish citizens by birth or naturalisation in these families.
The European Union Common Law reads:
“Regardless of your place of residence, as a European Union worker you are entitled to take up an activity as an employed person in any Member State under the same conditions as nationals. Equal treatment applies to all conditions governing employment and work (e.g. remuneration, dismissal, occupational reintegration or re-employment after being unemployed).
The principle of equal treatment in access to employment implies that you have the same priority as nationals for access to employment in any Member State. This means that national provisions limiting the number or percentage of foreigners who may be employed do not apply to you.
You may always invoke the principle of equality of treatment.”
Questions that need a qualified and prompt answer:
1. Based upon the principle of equality, will all of the above named categories of legally resident Romanian nationals in Ireland be required to attend and register with the GNIB upon the expiry of their current registration card?
If yes, this is discriminatory against Romanian nationals as compared with the nationals from the 10 new EU Member States.
2. Will those legal residents be required to pay the registration fee in respect of each applicant including their underage child or children?
If yes, this is discriminatory against Romanian nationals as compared with the nationals from the 10 new EU Member States.
3. Will those who will refuse to pay the requested registration fee by invoking the principle of equal treatment be refused a registration card and be requested to leave the premises of GNIB and have their status changed to illegal?
If yes, this is discriminatory against Romanian nationals as compared with the nationals from the 10 new EU Member States.
CONCLUSION
Ireland is not the primary location for Romanian nationals who are looking to exercise their right to work in the European Union. The preferred countries are Italy, Austria, Germany, UK, Spain, and France. This is due to various factors, including economic, social and linguistic considerations, the standard of living versus the cost of living, and means of travel to and from a country. Ireland is one of the dearest countries in which to live in the European Union or Economic European Area.
Romanian nationals have had the right to travel freely in the Schengen States since 1st January, 2002, and many have settled legally in Italy and Spain, where there is a Romanian population of over 3 million. In Italy, there are over 300,000 Romanian nationals who are been granted residency under Italian immigration laws. Approximately the same numbers of Romanian nationals are legally resident in Spain and a large number are legally resident in Portugal.
The realistic number of Romanian nationals who are likely to come to Ireland is around 50,000 in the first year, and the number will remain constant over the years as many Romanian nationals will return home after a period in Ireland and as Romania improves economically. So there is no need for the Irish State, Government or population to worry about the influx of Romanian workers.
The decision to impose restrictions is discriminatory. On comparison with the 10 new EU Member States who acceded to the EU on 1st May 2004, Romanian and Bulgarian nationals are being treated in a discriminatory manner which is unjustified, unfair and prejudicial to Romania and Bulgaria’s membership of the Union.
The 10 new EU Member States were given preferential treatment in being allowed to have their citizens enter freely in Ireland for some 18 months prior to their accession date. Romanian nationals are now just two months away from acquiring their full EU accession rights, yet they are still required to have a valid visa on their passport prior to arrival at the entry point in Ireland, and may be denied leave to land which is at the discretion of Irish immigration officers. This is discriminatory.
Ireland should have adopted the preferential scheme for waiving visa requirements for Romanian nationals at least one year prior to the long awaited accession date for Romania to join the EU, in order not to discriminate against Romanian nationals and in order to adopt fair procedures for all EU Member citizens.
Today, Ireland should adopt the same principles towards a free labour market for Romanian nationals in accordance with the core rights of European Union Common Law legislation.
Ireland is applauded for its work in campaigning against discrimination in EU in so many areas. Now it is found to have discriminated against, and to continue to discriminate against, Romanian nationals through the preferential and discriminatory policies which are denying Romania and its nationals their inherited rights as members of the EU.
RECOMMENDATIONS
We, the Romanian nationals living in Ireland through our representative bodies, namely the Romanian Community of Ireland and the Romanian Society of Ireland, urge the Irish Government led by Án Taoiseach Bertie Ahern to:
· abolish the visa requirement for Romanian nationals who want to come to Ireland immediately;
· abolish the need for a registration card (and, implicitly, the fee for such a registration card) for all Romanian nationals from 1st January, 2007;
· abolish the requirement for a work permit or work visa for all Romanian nationals from 1st January, 2007;
· legislate, adopt and supervise the European Union and national legislation in a manner that does not discriminate in any way or form against Romanian nationals as from 1st January, 2007.
Signed, in behalf of Romanian nationals living in Ireland
________________________
________________________
Vasile Ros
Chairperson of Romanian Community of Ireland
Vasile Ungureanu
Chairperson of Romanian Society of Ireland
19 Belvedere Place
Dublin 1
And
ROMANIAN SOCIETY OF IRELAND
Meath Street
Dublin 8
MEMORANDUM OF OPPOSITION
TO RESTRICTIONS IMPOSED
ON THE LABOUR MARKET BY IRELAND
TO ROMANIAN NATIONALS AFTER ROMANIA’S
EUROPEAN UNION
ACCESSION ON 1st JANUARY, 2007
Dublin 20th November, 2006
MEASURES ADOPTED BY THE IRISH GOVERNMENT
IN RESPECT OF ROMANIA AND ROMANIAN NATIONALS
WITH EFFECT FROM 1st JANUARY, 2007
FREE MOVEMENT
Romanian nationals are allowed to enter Ireland freely from 1st January, 2007.
LABOUR MARKET RESTRICTIONS
Romanian nationals will not be permitted to take up employment freely in Ireland from 1st January, 2007, but will be required to obtain a work permit.
INTRODUCTION OF PRERENTIAL WORK PERMITS
Romanian nationals will be treated preferentially over other non-nationals in the granting of work permits.
These two restrictions on the right to free movement and work are to be phased out gradually.
CONFLICT BETWEEN EUROPEAN UNION RIGHTS AND LAW IN IRELAND
Each Member State has the right to introduce restrictions on the labour markets for up to 7 years on the accession of new member States. In 2004, Ireland decided to impose no such measures on the 10 accession countries that joined the EU on 1st May, 2004. This was the correct decision politically, economically and socially.
Ireland, together with the UK and Sweden, has been the strong and united voice of free labour market and equality within the EU in the past two years and has urged all other EU Member States to follow suit. Ireland exercised its own right under EU Law to liberalise the labour market. Most other EU Member States chose to restrict it.
Now, in respect of Romania and Bulgaria, Ireland has unfortunately followed the UK and decided to make a U-turn on its open door policy towards a free labour market. This is unfair. Ireland should treat Romania and Bulgaria in the same way that it treated the 10 member States that joined the EU in 2004. If Ireland needs to restrict the influx of immigrant labour, it should do so in respect of all other EU countries.
Ireland is afraid of allowing up to 50,000 Romanian nationals to come to the State within the next year, but it is prepared to embrace and welcome over 500,000 nationals from the 2004 accession countries in the same period.
Months ahead of their accession to the EU, the nationals of the 10 accession countries were given the right to travel freely in Ireland for up to 90 days, without having to go through the lengthy process of visa applications (from 6 weeks to 12 weeks in some cases, with the possibility of refusal). It is shameful that Romanian nationals are to be treated differently.
Furthermore, the number of all nationals who have made applications for work permits in Ireland prior to their country’s accession to the EU is very small, compared to nationals from Romania. Yet, following their accession, their number is 1000% higher than the number of Romanian nationals already living in Ireland.
At present nationals of the 10 new EU Member States are not required to register with Garda National Immigration Bureau if they intend to stay in Ireland over 3 months. This means that they are not requested to pay €100 for a registration card (which is compulsory for all other nationals).
By the introduction of the labour market restriction and work permits provision, the Irish Government has decided to discriminate against nationals of Romania contrary to the core principle of equality of European Union law.
ISSUES NOT ADDRESSED BY THE IRISH GOVERNMENT
IN RESPECT OF ROMANIA AND ROMANIAN NATIONALS
WITH EFFECT AFTER 1st JANUARY 2007
FREE MOVEMENT
Romanian nationals may come to Ireland, but will many of them be turned away from Irish borders by the Irish immigration officers?
European Union law provides:
As a citizen of a Member State of the European Union, you have the right to enter any other EU country without having to comply with special formalities. All you need is a valid passport or identity card.
You do not require an entry visa.
Immigration officers may not:
· affix a stamp on your identity document on arrival authorising you to enter the national territory;
· ask you to furnish proof of means to support yourself;
· ask you how much money you have to spend;
· ask you questions regarding the purpose and duration of your trip.”
Questions that require a comprehensive and prompt answer:
1. What guarantees are being given that all Romanian nationals coming to Ireland will be treated equally without having to go through all kinds of harassment and interrogation?
2. Who will supervise the implementation of fair and equal treatment to Romanian nationals?
3. What will happen to Romanian nationals who are already in Ireland and whose application for asylum is still being processed?
4. What will happen to Romanian nationals who are still awaiting a decision on their application for leave to remain on humanitarian grounds (some of whom have been waiting for more than six years)?
5. Will those Romanian nationals who have been deported from Ireland to Romania or third countries have their deportation orders quashed? Will they be prevented from re-entering Ireland?
6. What will happen to Romanian nationals who are in Ireland but are the subject of a deportation order which remains in existence after the accession date? What is their legal position?
7. What is the position of Romanian nationals who are undocumented at present in Ireland? (please compare the campaign directed, sponsored and participated in by the Irish Government in respect of undocumented Irish nationals in the US)?
8. What provision will exist for the first and second grade of relatives of Romanian nationals who may come to Ireland to support their children who are legally resident in Ireland but who cannot afford to take up full time employment due to lack of childcare places or high costs in child care? Will they be given a special status to reside beyond three months without having to take employment themselves?
9. What will happen to Romanian nationals who have been on work permits but at the same time have been exploited by their employer, whose work permit may expire? Will they have to return to Romania after investing their time and energy in the State’s economy, and whose employment has terminated through no fault of their own? Will labour inspectors be prepared to take action and apply the European and national employment and equality law?
LABOUR MARKET RESTRICTIONS
Any restrictions imposed on the labour market to non-nationals will lead to a greater likelihood of non-nationals being exploited by unscrupulous employers. There is already a “black labour market” valued at billions of euro in Ireland, in which non-national workers are exploited and which the Government is unable to control.
The restriction applied to nationals of Romania and Bulgaria will deny them of their EU core right of accessing freely the labour market of any European State, thus discriminating against them as compared to other EU citizen members and forcing workers into the black labour market in which they will be subjected to exploitation. This has a huge potential social-economic impact on the Irish State and the quality of life in Ireland. Tax revenue will be lost, and workers will have no employment protection, will be deprived of the social security safety net and may not attend for medical care when required. IBEC and SIPTU, together with some other syndicates, are indicating that the influx of Romanian and Bulgarian nationals will take away jobs from the Irish employees. This is a fair picture. As Ireland has a competitive market, the market should decide job distribution. In fact, the influx of Romanian nationals will benefit competition, and the Revenue Commissioners will have substantially increased revenue, and the position of thousands of Romanian nationals working in the black labour market in Ireland now will be regularised.
INTRODUCTION OF PRERENTIAL WORK PERMITS
Under the current legislation, an employer has to post a job vacancy to recruitment agencies and FÁS and, if no suitable candidate is found in Ireland, has to go to the European Union member states and only if that too fails can he go beyond that. This is a lengthy and costly process, and some employers are not prepared to follow it. As result many jobs are lost or less qualified staff are employed. Furthermore, an employer has to pay in advance up to €500 for each application for work permits with no guarantee that the application will be granted, even though the money may be returned to him if a negative decision is given. In most instances in the past, this money has been reimbursed later or taken from employee’s wage without consent and if the employee wanted to have the money refunded he would be told that the work permit may be terminated with immediate effect.
From the records of the Department of Trade and Enterprise and the Department of Justice, there appear to be 6,000 Romanian nationals on work permits and working visas in Ireland. Their situation may worsen in the future for two reasons:
· most employers have tolerated the current system in which they have to pay for work permits in the expectation that after 1st January, 2007, work permits and visas will no longer be mandatory for Romanian nationals – the restrictions that will now be placed in Romanian nationals in 2007 will make employers refuse to issue renewal applications or make fresh applications because they will want to reduce their costs and time by hiring or employing workers from the 10 new EU members states rather continuing to work with Romanian nationals;
· the majority of employees have been reunited with their families here in Ireland, have taken up mortgages and loans, etc., and a decision from their employer not to renew their work permit will leave them in a very dangerous and exposed position both socially and economically.
The European Union Common Law reads:
The free movement of persons and services is a fundamental principle of the European Community. One of its advantages for Community nationals is the freedom to pursue an occupation, on a self-employed or employed basis, in a Member State other than the one in which they acquired their professional qualifications.
You may start work without a work permit on arrival in the Member State of destination.
In this respect as we stated in the previous chapter, the proposed restrictions are inconsistent with European Union law and discriminatory against Romanian nationals.
Questions that need a comprehensive and prompt answer:
1. What is the meaning of preferential, special or priority?
2. Who will pay the application fee (the employer or the employee)?
This is discriminatory against Romanian nationals as compared with the nationals from the 10 new EU Member States.
3. Will the employee be required to register with GNIB upon arrival in Ireland and pay the €100 registration fee?
If yes, this is discriminatory against Romanian nationals as compared with the nationals from the 10 new EU Member States.
4. Will the employee be bound to the employer and the terms and conditions of the contract and the work permit as issued?
If yes, this discriminatory against Romanian nationals as compared with the nationals from the 10 new EU Member States.
5. Who will enforce the law in the labour market and make sure that the abuses of the past are a thing of the past?
From the very first moment of decision been announced by the Irish Government it was clear that it will gravely and badly discriminates against Romanian nationals regardless of the “preferential” word used, as this is less what the core rights of an EU citizen member are!
THE STATUS OF THOSE WHO ARE ALREDY LEGALLY RESIDENTS IN IRELAND
At present in Ireland the following categories of Romanian nationals are legally resident:
· persons declared as a refugee;
· persons granted residency under the IBC and IBC/05 scheme;
· persons granted leave to remain on humanitarian grounds;
· persons with a work visa and with their family under the family reunification scheme;
· persons with work permits and with their family members under family reunification scheme;
· persons with long term residency and with their family under the reunification scheme;
· persons who are students;
· persons who are undergoing undergraduate or superior training;
· persons who are living in a mixed family through marriage to an EU or non-EU national;
· underage children who are not Irish citizens by birth or naturalisation in these families.
The European Union Common Law reads:
“Regardless of your place of residence, as a European Union worker you are entitled to take up an activity as an employed person in any Member State under the same conditions as nationals. Equal treatment applies to all conditions governing employment and work (e.g. remuneration, dismissal, occupational reintegration or re-employment after being unemployed).
The principle of equal treatment in access to employment implies that you have the same priority as nationals for access to employment in any Member State. This means that national provisions limiting the number or percentage of foreigners who may be employed do not apply to you.
You may always invoke the principle of equality of treatment.”
Questions that need a qualified and prompt answer:
1. Based upon the principle of equality, will all of the above named categories of legally resident Romanian nationals in Ireland be required to attend and register with the GNIB upon the expiry of their current registration card?
If yes, this is discriminatory against Romanian nationals as compared with the nationals from the 10 new EU Member States.
2. Will those legal residents be required to pay the registration fee in respect of each applicant including their underage child or children?
If yes, this is discriminatory against Romanian nationals as compared with the nationals from the 10 new EU Member States.
3. Will those who will refuse to pay the requested registration fee by invoking the principle of equal treatment be refused a registration card and be requested to leave the premises of GNIB and have their status changed to illegal?
If yes, this is discriminatory against Romanian nationals as compared with the nationals from the 10 new EU Member States.
CONCLUSION
Ireland is not the primary location for Romanian nationals who are looking to exercise their right to work in the European Union. The preferred countries are Italy, Austria, Germany, UK, Spain, and France. This is due to various factors, including economic, social and linguistic considerations, the standard of living versus the cost of living, and means of travel to and from a country. Ireland is one of the dearest countries in which to live in the European Union or Economic European Area.
Romanian nationals have had the right to travel freely in the Schengen States since 1st January, 2002, and many have settled legally in Italy and Spain, where there is a Romanian population of over 3 million. In Italy, there are over 300,000 Romanian nationals who are been granted residency under Italian immigration laws. Approximately the same numbers of Romanian nationals are legally resident in Spain and a large number are legally resident in Portugal.
The realistic number of Romanian nationals who are likely to come to Ireland is around 50,000 in the first year, and the number will remain constant over the years as many Romanian nationals will return home after a period in Ireland and as Romania improves economically. So there is no need for the Irish State, Government or population to worry about the influx of Romanian workers.
The decision to impose restrictions is discriminatory. On comparison with the 10 new EU Member States who acceded to the EU on 1st May 2004, Romanian and Bulgarian nationals are being treated in a discriminatory manner which is unjustified, unfair and prejudicial to Romania and Bulgaria’s membership of the Union.
The 10 new EU Member States were given preferential treatment in being allowed to have their citizens enter freely in Ireland for some 18 months prior to their accession date. Romanian nationals are now just two months away from acquiring their full EU accession rights, yet they are still required to have a valid visa on their passport prior to arrival at the entry point in Ireland, and may be denied leave to land which is at the discretion of Irish immigration officers. This is discriminatory.
Ireland should have adopted the preferential scheme for waiving visa requirements for Romanian nationals at least one year prior to the long awaited accession date for Romania to join the EU, in order not to discriminate against Romanian nationals and in order to adopt fair procedures for all EU Member citizens.
Today, Ireland should adopt the same principles towards a free labour market for Romanian nationals in accordance with the core rights of European Union Common Law legislation.
Ireland is applauded for its work in campaigning against discrimination in EU in so many areas. Now it is found to have discriminated against, and to continue to discriminate against, Romanian nationals through the preferential and discriminatory policies which are denying Romania and its nationals their inherited rights as members of the EU.
RECOMMENDATIONS
We, the Romanian nationals living in Ireland through our representative bodies, namely the Romanian Community of Ireland and the Romanian Society of Ireland, urge the Irish Government led by Án Taoiseach Bertie Ahern to:
· abolish the visa requirement for Romanian nationals who want to come to Ireland immediately;
· abolish the need for a registration card (and, implicitly, the fee for such a registration card) for all Romanian nationals from 1st January, 2007;
· abolish the requirement for a work permit or work visa for all Romanian nationals from 1st January, 2007;
· legislate, adopt and supervise the European Union and national legislation in a manner that does not discriminate in any way or form against Romanian nationals as from 1st January, 2007.
Signed, in behalf of Romanian nationals living in Ireland
________________________
________________________
Vasile Ros
Chairperson of Romanian Community of Ireland
Vasile Ungureanu
Chairperson of Romanian Society of Ireland