What are, in terms of migration and minorities, the guidelines around which the embryonic migration policy of the European Union could be organised? Let’s dream a little, it opens up avenues. A basic law of constitutional scope governing immigration status might look something like this.
1. The American and French Constitutions of 1787 and 1789 took note of tyranny, of the oppression of freedoms, to introduce the principle of the sovereignty of the people and the limitation of powers. The Constitution of the European Union recognizes that these scourges have still not disappeared, as evidenced by the fact of migration in the world, that is to say the existence of men and women who want to leave their country, give up their birth nationality . Consequently, it intends to dictate to the legislator and the government a new principle of limitation of its power. There is no sovereign and unlimited right of the state to close its borders and grant citizenship without clearly established conditions to the inhabitants of the territories over which it exercises its authority. The duty of asylum as stated in the following articles is the translation, externally, of the civil and political liberties of the citizens of the world. It limits the prerogatives of the State of the European Union from the outside as much as respect for the civil and political freedoms of European citizens does from within.
2. The European Union recognizes that the West European continent has represented a de facto asylum for many of the world’s oppressed people in the various States which make it up, and according to the genius of each of them. It now intends to translate this situation into law so as not to remove this fundamental issue of the world order from everyone’s discussion and people’s control.
3. Considering that migration under employment contract and the maintenance of unequal categories of workers in their rights to work, residence and social protection as foreigners when they have resided for more than five years in the Europe of the Twelve, constitute an inadmissible form of semi-slavery, that the consequences of this state of affairs have been very harmful for all and in particular for the children, often European by birth and without nationality other than that, fictitious for them, of their parents, the he European Union decides to completely modify its migration system.
4. The European Union recognizes a duty of asylum towards the oppressed of the earth who have decided to abandon their homeland. They have the right, according to article 13.2 and 15.2 of the Universal Declaration of Human Rights of 1948, to leave their own country and benefit from a new homeland. The protection of the victims of famines, wars, religious or political persecution is part of the obligations which the European Union undertakes with regard to the rest of the world, together with the other democracies and the United Nations organisation.
5. The European Union solemnly recognizes that it is a constitutionally open country. Only a reason of force majeure such as a general war or civil war can lead it to suspend the conditions of admission of immigrants who want to become Europeans. For the reasons set out in Article 3, drawing lessons from its history, the Union is open only to permanent settlement migration. It will no longer accept work migrations from people who do not declare that they want to settle or pledge allegiance to their new homeland (migrations of less than one year of seconded personnel are not included in this clause).
6. Anyone born in the territories under the jurisdiction of the European Union is a European citizen regardless of the “natural” ties of allegiance of their immigrant parents.
7. Consequently, the European Union, in the bodies which it will have set up, will have sole competence to draw up uniform conditions for access to permanent immigration visas and to European nationality. The discussion of the required criteria will have to be led by the legislator; the action of the government will have to be checked on a regular basis both by the legislator and by the European Court in Luxembourg.
8. As having participated in the reconstruction and prosperity of the twelve States which formed the EEC and then the European Union, immigrants of foreign nationality currently residing in the Union must all be offered full and to citizenship in the States of their residence, according to the procedures existing in each of the States, and to immediate citizenship of the Union with all the rights attached thereto.
9. Formed in its young history by bringing together a large number of States and peoples with different languages, traditions and religions, the European Union is all the more capable of recognizing the contribution of all those who have joined it or who will do so. Destined to become full citizens as soon as possible, immigrants benefit from all individual civil rights. Having come with their families, in groups, having formed communities, often to defend themselves against the hostility or racism to which they have been subjected, they benefit from the same constitutional guarantees for the protection of the rights of minorities as all the peoples of the States of the European Union.
10. The integration of the very diverse peoples of the Union naturally includes that of communities of immigrant origin. The strength of the Union and the degree of integration of its members cannot depend on the weakening of the communities that civil liberties allow them to form . It is therefore logical to promote the admission to immigration of people belonging to communities already present in past migrations, or having family ties, in the broad sense of the term, with European citizens who have come to settle and who will be able to sponsor their candidacies.
11. Since immigration is an inalienable right of individuals, no agreement or treaty may be signed by the European Union with States or international bodies which would seriously undermine the exercise of this right or which would limit it in any way. disguised way, except in the case of persons subject to criminal convictions for reasons which do not relate to political or civil combat.
12. Since the right to live with the family is an inalienable human right, no quota may be established for the family reunification of a spouse, children and direct parents of an immigrant admitted to the Union or of a citizen of the Union.
13. It will be exclusively for the government of the European Union to determine, after consulting the Member States, the representatives of the communities present, the associations defending the rights of candidates for permanent immigration, the countries of origin, each year, the overall number of applicants who will be granted the immigrant visa, with the exception of persons designated by Article 10.
It will be up to the representatives of the legislator and the executive of the Union to determine quotas which realistically and fairly take into account the various components of immigration, apart from immigration for “family reunification” as defined in previous article, without the categories created being of a discriminatory nature based on criteria of religion, sex, so-called “race”, nationality or language. The allocation of quotas and the creation of categories not having to play a Malthusian role, prejudicial to the duty of asylum, the numbers will have to be compensated from one category to another. Thus, if it happened that the deterioration of the economic situation did not attract the expected number in the category of economic migrants, these places would be attributable to the category of refugees who are victims of war. And reciprocally.
14. While it is normal for the European Union to wish to attract to it the most active, the most qualified migrants, the ferment of freedom in the world, the implementation of the necessarily selective migration policy will have to be assigned to limit, under the control of the Constitutional Court, not to infringe the principles defined in Articles 3, 10, 11, 12 and 13.
15. The modalities of the declaration of allegiance of migrants to their new European homeland upon entry, and of their definitive enthronement as citizens of the Union, will be defined exclusively by the European Union.
16.Entering the European Union in order to carry out an activity there without wishing to become a citizen or having declared oneself a candidate for regular immigration, even if unsuccessful, in the country of origin, exposes you to refoulement, unless the quotas defined admission criteria were not met, in which case a regularization procedure could be implemented. The situation of oppression of freedoms and glaring inequality in the development of wealth and well-being in the world prohibits considering those who have entered or have attempted to enter the Union illegally as criminals or delinquents. The offenders, in particular but not exclusively the migrant in an irregular situation, to the constitutional law of the European Union which governs international immigration will have to benefit from all the guarantees of a fair judgment established contradictorily. They will therefore have every right to be represented by legal counsel. They cannot be arbitrarily imprisoned.
17. Any candidate for immigration to the entry who will see his application refused, rejected for a later examination or registered on a waiting list, will have to be communicated in writing and argued the criteria retained. He can appeal the decision. It will be up to the European Union to provide proof of the validity of its decision.
18. A charter of the freedoms and rights of applicants for permanent immigration to the European Union setting out the principles and procedures for applying will be available in all consulates abroad.
19. The Constitutional Law governing immigration into the Union will be given to each immigrant upon entry.
20. No obstacle may be placed against the emigration of a European citizen, or the re-emigration of an immigrant admitted into the Union.
21. No revision of the essential provisions of this fundamental law may be made by means of the legislative power without the prior consent of the European Court of Luxembourg.